Los Angeles herald., 1892-12-09
THE LAW DEPARTMENT.

Salient Features of the Attorney GEN
erals Annual Report.
WASHINGTON, Dec. S.-Attorney Gen
eral Miller, in his annual report, re-
views the work done by the department
during the year and calls attention to
the growth OF business therein, especially
in the department of the court OF claims.
The various classes of claims chiefly oc-
cupying its attention are then statisti-
caly set out. He calls 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 $400,000,000. He
points out that large proportion of
these are without merit, being made
by persons who were at the time in re-
bellion, and suggests that unless con-
gress put some barrier 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 the result OF its establish
ment.
The attorney-general discusses the de-
cision of Justice Harlan in the case OF
the United States against the Pacific
railroads and the Western Union Tele-
graph company, pending in the circuit
court of the United States for the north
ern district of California. He say g ::
"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 con-
tended for. relative to the inhabitancy
of corporation, shall be finally sus-
tained by the supreme court. The re-
suit reached may be sustained upon an
other ground argued before Justice Har-
Ian, but not passed upon by him, viz:
That the ordinary rule would not apply
ill case in which the United States is
the complainant. l desire to renew
the recommendation contained in my
last report, that section one OF the act
OF August Is, 1888. be amended by in
serting proviao in italics, after the
word 'inhabitant' in the following sem
tence, namely: And DO civil suit
shall be brought before either of said
courts against any person by any orig
inal process or proceeding in any other
uletlICt bIdu tlIdI ueTeOl u6 lS dH III
habitaut'-Provided that any foreign
corporation may be sued in any district
where it may be found.
I'm many localities these great cor
porations 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 ex.
cept mere clerk, but which operates
vast lines of railroad in the state of Cali
fornia, where it holds and controls mil.
lions OF dollars of property and holds its
directors meetings and maintains it's
general Offices. shall be exempt from suit
in the United States courts in California,
and the litigant be required to go to
Kentucky to enforce his claims, and
after obtaining judgment there, if he is
fortunate enough to find any person
upon whom to obtain service, be COM
PEELED to go to California and sue there
upon the judgment or decree in the state
cOultS'