The representative. [volume] (St. Paul, Minn.) 1893-1901, 1893-10-25

VI u6tUId4 p6ESOuS. i m6y Safely
venture the assertion that If their
exists any prejudice against cor
p0ration it is not because it is Gre
ated by or domiciled in another
state. The prejudice against corpo-
ratiOns is like the attraction of gray
itation, inversely as the square Of
the distance. And the fact is no.
torious to every observing or bust
ness man that corporations are often
organized in states in phich their business
is not to be carried on, so that they
may enjoy "the privilege of suing
and being sued in the courts of the
United States"
[ have said that in my opinion
this modern doctrine is not reconcil-
able with the constitution. I be-
lieve any one who will study the
question candidly will assent to this
view. I also said that it is unfor-
tunate, and in opposition to the in
terests and rights of the people gen.
orally. wish to add a word as to
this aspect Of the case. I admit
that this final decision as to the
jurisdiction of federal courts in
such cases is just such as meets the
appreciation of corporations and or
gained capitalists generally. But
as "God made the earth for man and not
for trade" or even for corporations,
we should not entirely overlook the
interest and rights of the people
generally in the consideration of
such question. The constitution
Of our state provides (as do the con-
situations of the several states, as a
rule) that "every person is entitled
to a certain remedy in the laws for
all injuries or wrongs which he
may receive in his person, property,
or character; he ought to obtain
justice freely and without purchase,
completely and without denial,
promptly and without delay, con-
formally to the laws" This should
be the birthright of every Ameri-
can citizen, even in the absence Of
any constitutional provision. But
the modern doctrine of the federal
courts takes away this right, and de-
livers the masses Of the people bound
hand and foot to the tender 4aercies of
corporations, and concentrated and or
garized capital. [Ha! the Judge talks
like populist. Will not some i'm
beetle old-party country editor rise
up and call him an anarchist" and
ask the Omaha r. r. Co. to discharge
him from his place as principal coun-
sel?-I. d. Every lawyer of extern
sive practice has very frequent illus
trations of this. A. has insured
his property in foreign corporation
for sum exceeding five thousand
dollars, and the property is de-
stroyed by fire. The insurance COM
pany refuses payment. The assured
is compelled, at great expense, to
bring suit in the federal court. Or
dinarily the expense of such litiga-
ton at such a distance from his
home is great burden and hard
ship; in some cases nearly denial
of justice. Bat this is only the be-
ginning Of his calamity. An appeal
may be taken by the insurance COM
panY-if decision is adverse to it
to the supreme court Of the United
States. This delays the final de-
cision about four years longer. Un-
less the assured is wealthy, if he re-
lies, as is ordinarily the case, on the
amount recovered from the insur-
ance company to replace his build
ings or his stock, the delay is simply
ruin. He is therefore compelled er
aaecessitate to accept such terms of
compromise as the corporation sees
fit to offer. l might instance, too,
the case of life insurance, of claims
for personal injuries against railroad
companies, or claims on contracts,
or for forts against foreign corpo-
rations generally. In any and
all such cases the claimants, when
the case is removed into the federal
courts, and the amount is sufficient
to give right of appeal, are, if not
wealthy, simply at the mercy of the
corporation, and compelled to accept
such terms of adjustment as may be
The supreme court may de-
clare that "the practice founded on
these decisions, Establishing the
modern doctrine,) at least, Injuries
or wrongs no one;;" but this simply
shows their ignorance of the prac-
tical operation of such doctrine.
Some day the people soiU and should
rise IN there might, and declare and in
sist ttat the rule of the constitution shall
be restored, and the rule established
by the federal courts be abrogated;
and that the rights Of the people shall be
regarded, instead Of the interest of capt.
tai.
This modern rule is one of the |
Ii l. l.