New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-09
THE NATIONS LAW BUSINESS
ATTORNEY GENERAL MILLER PRESENTS HIS
ANNUAL REPORT
THE SUPREME COURT REL;EvED-A RAID On TIL"
TREASURY BY THE SOUTH-PRoCEED-
INGS AGAIN;T TRUSTS.

INGS AGNN:T TRUSTS
rosb,nr,on Dec s-Attorney General Miller HAS
nsda n report 10 Congress in regard TO Tue o"'
~ the Department OF Justice during 'he ''s'
vear showing that the business OF the Dop''
continually and largely Increasing l"N NV ,
.ovs is most noticeable In the bnsiheSS o'o
CT ., Claims The reference TO that court ~,
rvesticaton and findings. OF claims lot INV 7
- - nronertv OF persons assuming to nave pe'h
tao, during the war; such claims beiIe ai''"'' w
,reen o. 600 and 10000 in NUMBER anu !" ""'''''
orcrerating nearly S4O0,OoO'ooo' anu sun ,.,,
entity the duty imposed upoa that court Va 's
lo,p,s for Indian dcpredatons. Suoh cHi''> "''
filed being over 5000 In number ana >, ,na
a}3 600 OOO are suggestive of the growing "o'" vi ''
Department A., ,,,,,sd States
enrome Court and SAYS he IS glad to be ab'e " ie
nor, that a. the result OF inc orsah'%''o" W wy
c,rcr,t Court OF Appeals, the huhDer VI '"SoN " Wv
e,r,,no Cont Is being reduced me A''orh'E'"
~, A., ro,ord IN southern claims SAYS that uhoer INC
-. ~ Marcel .. 1883. known rs tac ho"n'i ",'
,,r,s growing out of the alleged taxing Oh SppnoN
w. ,,or nroncrtv during the war are assuming 'noT
ous nroportions. They areaoV "5s''e"o ''
sA,o O6O 600. and the Department has 'i'io'''''Y"
Tho, multitude OF additional Claims oee'oS"."e w.,
o,cs SUMS are being prepared TO DC NE" '''u p,"e"
against the Treasury. That very H''so p,"po ~.
have no fouQdatlon Is every ""S "'''
evidence. ,,a oo r,oao T.,
on enoIiation cases In favor OF the claimants
orcrccatinc SsS9,054, ard the toai amount ""'"''
nm N This date In 7l6 cases, Is S3-4l'-
10 rcview, briefly the litigation In the Bel lcie
Ano case and saws from the history of the case 1t
ocms certain that the defendant VIII omit 10 enor'
70 delay It's progress BY far the largest portion
-, tho time already consumed In taking testimony
~ nloinuf he slys was in the crosse examinations
Tho defendant has been granted until February -
to complete his testimony
Tho At,ornev.G cncral also reviews tee hugatoh
Gov the enforcement OF the provisions OF tae sct Oh
,urust :. 1858, requiring all railroads receiving
subsidies from the United states to cstaDlSh anu
opcrate their own telegraph lines. lie discusses the
decision OF Mr. Justice Harlan In the case OF the
,.,i,cd states against the Southern Pacific Railroad
COMPANY southern Pacific Company MIahu' anu
Pacific Railroad Company. and Western 'hi"A ic'e-
r,npl Company, and also the United states aE"i's'
the Central Pacific Railroad Company. Sou'ncr"
Pacific Company and Western Union Telegraph Com
ponv both pending In the Circuit Court OF the Ohea
States for the Northern District Of California. IN
thesp cqsos the defendants claimed that corporation
can be sued in the Federal courts only IN us charter
state. The United states contcndcd INIT the ac' I'll
1858 provided tina, defendant should be sued ohi'
IN the district whereof he was an innhtant was |"
L, construct, as applied to corporation" IN sue"
uay as TO make a corporation an inhabi'ant. as dis
nr,ish,d from, citizenship Of every state in which
Il, maintained general Offices for the transaction o.
huslncss This contention was sustained by MI
Justice Harlan and order entered ovoTulh9 IN"
demurrcrs, motions and pleas Of DEFENDANTS lie
renews the recommendation contained In his last re
mort that Section l. Of the Of August 10. i6e1.
he amended by inserting the provso in Italics alt
the word "inhabtantH In TIE fol owing sentence,
namely: And no evil suit shall he brought Deiorc
either OF SAID courts against any person by ans
original process or proceeding in any other district
than that whereof he IS iuhabtant, provided, that
any foreign corporation may be sued In any diStr't
where II NAV re found. process to b. served a In
like cases in the State where said suit or action Is
brought"
such an amendmeu. would restore the law to what
il was for a century pior 10 the act Of Mar 3. 1857
and would Impose these corporations liability to
be sued corresponding the right they now enjoy to
sue as plaintiffs. and 10 remove suits In which they
are defendants. such an amendment Is also In tn"
interest OF Justice. In many localities these great
corporations have unwaranted influence among the
people who are summoned as Jurors In inc sa'"
courts and II Is not Just that the southern racine
Company. which. though chartered In Kentucky does
not own any property in that state ami has no oAc'
or onic there. except II mere Clerk O1t ""oh
oeratcs vast lines Of ralC ad IN the stat" OF California
where II holds and controls millions OF collars o prop
,riy and holds It's directors meetings ana MAINTAIN
its general Offices. shall be exempt from suit In the
United states courts in CalhO.Ih'' ana li'e Auen"'
b.. required to 90 10 kenuch, 10 enforce ms cldm,
and afcr obti1ns judgment there III Il" Is lor,"hhr
enough TO find anN person upon whOm 10 OD'dui ser
yicej be- con PEELED 90 to California ana she t'e'c
upon tne iudS.'en; or decree IN the state cOlt,. -
me Atturnt General deAiIs the dclVn lahch 10y
him iOr the enforcement OF Tie act Ito protect ti;'-'
nud commerce AGAINST unlaWIu restraints and M
uouolicsr approved July =, l-J2. ana insiancs tie
csc oil the DIstlng ana Caltic Feeding company
of Massachusetts the suit begun in the eastern cia-
lrict OF PENNSYLVANIA against the alleged >Icir Irn
and the IL u.slana sui. IN oipiOs Gene al - D..
iilip, has been appointed sp.cat oh-cl IN The s""
q ainst tnc sugar trust .. ,
The ATTORNEY Genera. says that investigations Inv"
beeu made In reference Oirr alleged \lpiaOIlS o.
lbls law A. was 20 nave been eNp"elcd, IL has Ue'h
found In all Gaze, that -Trat care ana XII nave
Len exercised In ia" lorna ion and mInipna ION 81
these combinations 10 avoid III" pr ioha "a
This statute. 1t j. hOpd, however, that la llr cases
begin the validity OF tbs atutc ag inst rdN'a ma,
l. Dc monstrated. II -, The Invest cations made an
the cyld nee accumulate III cases wh-i" no y Oc"c
iucs have been gun will be NalnIit
The only constitutional question Ol any lupof'"hi 9
deci led az inst tie GO,cinmeni, tue NJ 0rn't Hci"
81 va, tie one la.s 4 ln TN uu's"nI.h ease, una /
iL. int r. it. G, nmr;Cc Las. Whether Win - In
federal court can Jc compelled 10 testify a-iiis
himself under the prov l-iO> 0i IN" statute lat III IL
testimony hall not ue u.'d against nun. II WIS =
Thai he s:ate last named i, not fIl protection al
that the witness need MT uflii.