The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-09
THEATToRNEY GENEnAL.s REPORT
Immense Number OF War Claims-Laws
Relating to Corporations Faulty.

Immense Number OF War Claims-Laws
Relating to Corporations Fanlty.
WASHINGTON CITY, Dec. s.-Attorney-
General Miller. in his annual report, re-
views the work done by his department
during the year. He calls attention to the
growth of business therein, especially in
the department of the court of claims.
The various classes of claims chiefly occu-
pying its attention are then statistically
set out. Special attention was called 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. 100000 He points out
that large proportion of these are with
out right. being those of persons who were
at the time in rebellion, and suggests that
unless congress puts some barrier between
the treasury and these claims, there is
no telling what amount the government
may be compelled to pay. The report re-
fers to the new circuit court OF appeals and
says the number of cases before the su-
preme court is decreasing, as result of its
establishment.
The attorney general discusses the de-
cision of Justice Harlan in the case Of the
United States against the Southern Pacific
Railroad and Telegraph Company, pend
ing in the circuit 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 well be
questioned whether the broad proposi zion con-
tended for relative to the inhabitancy o5 cor
poYation was finally sustained by the supreme
court The result reached may be sustained
nth hasa ,zt,o
Harlan, but not passed upon by him, viz: that
the ordinary rule would not apply in a case in
which the United States Is complainant. de-
sire to renew the recommendation contained in
my last report that section OF the act of Au-
gust l3, lSs8 be amended by inserting aproviso
in italics after the word 'inhabltant" in the fol-
lowing sentence, namely: "And no cisii suit
shall be brought before either os said courts
against another person by any original process
or proceeding in any other district ti.an that
whereof he is inhabitant: provided, that any
foreign corporation may be sued IN any district
where 1t may be found. process to be
served as in like cases in tbs state
where said suit or action is brought"
Such an amendment would resto:e the
law to what il was for a century prior to.the act
of March s. 1887 and would impose on these
cornorations the liability to be sued correspond
ing to the right they enjoy 10 sue as Plaintiffs
and remove suits In which they ere defendants.
In many localities these great corporations have
unwarrauted influence among the peop:e sum-
moned as jurors in the state courts, and Z is not
JUS; that the Southern Pacific, which, zhough
chartered in Kentucky. Goes not own any pror-
erty in that state. and has no offices officers
there except mere cierk, but hich opera5cs vast
lines of railroad il the state OF California. where
il holds the control OF millions OF dollars ni
property, and holds It's directors meetings and
maintains its general Offices, shall be exempt
from suit in the United states courts IN Cslifor-
MIA. aud the litigant be required 10 so 10 Ken
tucky TO enforce claims. and, after obtaining
Judgment there. If he is fortunate enoughto find
sny person upon whom To obtain seryEce, be
compelled TO go TO California and sue there upon
q judgment or 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 restraint and mt5nopo-
lies" II had been found in all cases in
vestigated that great care and skill had
been exercised in the formation and man
ipulation of these combinations. SO IS TO
avoid the provisions of this statute and,
as has been seen in the proceedin gs grow
ing out Of indictments in Massachusetts,
those efforts have not been without sue
cess. He continues:
II is hoped. however. that fu the cases COM
menced the validity OF this statute and 3ts ap-
plieability to abuses which have become very
common IN the business OF this country ande,
The name OF trusts may be demonstrated Ii 60
the Investigations made and the evidence that
was accumulated IN eases where no proceedings
have yet been commenced viii De yalusols.
The attorney general renews the recon-