The record-union., 1892-12-09
NATIONAL CAPITAL.
Acknowledgement Miller Submits
His Annual Report.
ENORMOUS AMOUNT OF SOUTHERN
CLAIMS PILING UP.
Representative Cutting Hopes That He
VIII be Able to Secure the Passage
of His Militia Bill Within Two
Weeks-General Rosecrans' Condi-
tIon such That He May Die at Any
special to the REcoRp-UN1ox

special TO the HECORD-UNION.
WASHINGTON, Dec. S.-Attorney-Gen-
eral 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 de-
partment of the Court of Claims. The
various classes OF claims chiefly occupy
ing its attention are then statistically set
out. 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 pres
ent to about $400. ZOO. 900. He points out
that a large proportion of these are with
out merit, being made by persons who
were at the time in rebellion, and sug-
gests that unless Congress put some bar
rier between the Treasury and these
claims there is no telling what amount
the Government will be called upon to
pay.
The report refers to the new Circuit
Court of Appeals and says the number of
cases before the Supreme Court is de-
creasing, as result of its establishment
| The Attorney General discusses the de-
cision of ustice Harlan in the case Of the
United States against the Railroad and
AOAOE AoPL OOLlE lEsAiSs pCll1lLlS III tIjO VII
cult Court of the United States for the
Northern District of California. He says:
''In 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 proposition contended
! for relative to the lnhaDltancy OF a COR
| poration will be finally sustained by tho
| supreme Court. The result reached may
| be sustained upon another ground argued
1 before Justice Harlan, but not passed
upon by him, viz: That the ordinary
rule would not apply in a case in which
! the United States is a complainant. ! de-
sire to renew the recommendation con-
tanned in my last report, that Section l of
the Act Of August IL, 1888, be amended by
| inserting a proviso after the word 'inhab-
! liant 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 proceeding in
any other district than that whereof he is
an inhabitant; provided, any foreign cor
poration may be sued in any district
| where it may be found the process to be
served as in like cases in the State where
! 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 3, 1887, and would impose
on these corporations a liability to be
sued corresponding to the right they en-
| Joy to sue as plaintiffs and to remove the
suits in which they are defendants
In many of the localities these great
corporations have unwarranted influence
among the people summoned as jurors in
the State courts, and it is not just that the
Southern Pacific Company which, though
chartered in kentucky, does not own any
property in that State, and has no Offices
or officers there except a mere clerk, but
which operates vast lines of railroad in
fT.,1T -
controls millions ofdollars' worth of prop
erty and holds its directors meetings and
maintains its general Offices shall be ex-
empt from suit in the United States
courts in California, and litigant be re-
quired to go to Kentucky to enforce his
claims, and after obtaining judgment
! there Gf he is fortunate enough to find
any person upon whom to obtain service)
be compelled to go TO California and sue
there upon the judgment of the decree of
the State courts.
The Attorney General details the action
taken by him for the enforcement of the
Act ''to protect trade and commerce
against unlawful restraints and monopo-
lies" 1t has been found, in all cases in
vestigated, that great care and skill
have been exercised in the forma-
ton and manipulation Of these
combinations so as to avoid the
provisions of this statute, and, as has
DtOA SSCL III SIONJug out OF
indictments in Massachusetts, these eff
forts have not been without success. 1t
is hoped, however in the cases COM
menced the validity of this statute and
its applicability to abuses which have be-
come very common in the business of the
country, under the name Of trusts, NAV
be demonstrated. If so, the investiga-
tions made and the evidence accumulated
in cases where no proceedings have been
commenced will be valuable
The Attorney General renews the rec
concentration in his last annual report
for Federal recognition of degrees in the
crime Of MURDER for remedial legisla-
ton for Alaska; for correction of the
evils of the fee system, and for the allow
ance of writs of error in criminal cases,
On the aforementioned subject the Attor-
ney-General says as the law now stands
it is in the power of a single District
Judge, by quashing an Indictment, to de-
feat any criminal prosecution instituted
by the Government, and annul, as against
the Government, any criminal statute
enacted by Congress, and there is no pos
| oil iaI tn RIGHT the