The morning call., 1892-12-09
FEDERAL LAWS.
The Report of the Attorney
General.
A Recommendation Prompted by a
California Case-Some lmpor-
tant Suggestions.
Special TO THE MORNING CALL.

WASHINGTON, Dec. S.-Attorney- General
( Miller, in his annual report. reviews the
work done by the department during the
year. and calls attention TO the growth of
business therein, especially in the depart
ment of the Court of Claims. The various
classes of claims chiefly occupying its at
tentiou are then statstieaily set ont. He
calls special attention TO the enormous
amount OF Southern claims piling up for
supplies, etc. taken by the army during
the war, amounting at present to about
S400, 100000 He points ont that q large
proportion of these are without merit be-
ing made By persons who were at the time
in rebellion, and suggests that unless Con-
gress puts some barrier between the treas
ury and these claims there is no telling
what amount the Government will be called
upon to pay.
The report refers ito the new Circuit
Court Of Appeals, and says she number of
cases before the Supreme Court is decreas-
ing as result of :ts establishment.
The At.orney-General discusses the de-
cision of Justice Harlan In the case of the
United States against the Railroad and
Telegraph Company, pending in the Circuit
Court of the United States for the Northern
District of California. lie says: "ln view
OF the recent decision OF the Supreme Court
OF the United States in the case of Shaw VS..
the Quincy Mining Company, it may we'll
be questioned whether the broad PROPOSE
ton contended for relative to the inhabi-
fancy OF a corporation will be finally sus-
tained by the Supreme Court The result
reached may be sustained upon another
ground argued before Justice Harlan, but
not passed upon by him, viz: That the
o-df --t,1a
which the United States is complainant
desire to renew the recommendation con-
tanned in my last report. that section / of
the act Of August 13. 1883, be amended by
inserting proviso, in italics. after the
word 'iDhabitant' in the following sentence.
namely. and no civil suit shall be brought
before either of said courts against any
person by any original process or proceed
ing in any other district than that whereof
he is an lnhabtant; provided any foreign
corporation may be sued in any district
where 1t may be found, the process TO be
served as in like cases In the Statejwhere
said suit or action Is brought Such an
amendment would restore the law to what
il was for a century prior to the act of
March 8, 1887, and would impose on these
corporations liability to be sued corIe-
spending to the right they enjoy to sue as
plaintiffs and to remove the suits in which
they are defendants"
In many of the localities these great cor
porations have unwarranted influence
among the people summoned as jurors In
State courts, and II is not just that the
Southern Pacific Company, which, though
chartered in Kentucky. does not own any
property in that State, and has DO Offices or
officers there except a mere clerk, but
which operates vast lines of railroad in the
State OF California, where it holds and con-
trolls millions of dollars of property and
holds its directors meetings and maintains
its general Offices. shall be exempt from suit
in the United States courts In California,
and litgant be required to go to Kentucky
to enforce his claims, and after obtaining
judgment there Qf be is fortunate enough to
find auy person upon whom to obtain ser
vice. be compelled to go to California and
sue there upon the Judgment or the decree
OF the State courts.
The Attorney-General details the action
taken by him for the enforcement Of the
act ITO protect trade and commerce against
unlawful restraints and monopolies."
The Attorney General renews the recon-
mendation in his last annual report for
Federal recognition of degrees in the crime
Va uuiuel, Aot lcHeuidi legislation 1OT
Alaska, for correction of the evils of the
fee system and for the allowance OF wrts of
error in criminal cases. On the last men,
toned subject the Attorney General says
as the law now stands it is In the power of
single District Judge. by quashing an in
dictment to defeat any criminal prosecu-
ton Instituted by the Government and
annul as against the Government any crimi-
nal statute enacted by Congress. and there
is no possible way to right the wrong.