Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-18

dlction ~ suol case.
The Gulf colorado and Santa ne Rail
way company alec presents the proposition
"thot unless the cauAc OF action u racog-
ni1cd by Tue state on country where the
wrongful act or omission occurred NO action
can be maintained thereon In this state Tor
Ia such CgHc no cause OF action exists
aud contends that because the courts u
the Chicknsnw nation eau Ahirm no redress
in cases OF this kind appellee has no remedy
anywhere. Appelloc's right OF action arose
az well out " the contract made by said
appellant 10 transmit and deliver Hnld mes
sage as " ala out Of the obligation m
duties " the public on receipt or the mes
sage 10 transmit and deliver 4 With dis
patch We DO not understand from TIE
statement of facts that contracts OF this
kind are Illegal in the Chicknanw nation
I'm the sense of being prohibited boy Us laws,
but the evidence only goes TO the extent
Or showing that It's courts nave not been
authorized 20 aGord " rvmcdy M such onsoH,
N we should hold this contract Illegal
according 10 the laws ~ that nation, We
would upon the same evidence be required
10 hold an contracts made therein FOR the
payment OF nlOuOy or the performance OF
obligations except IN few specified cnHes
regarded az the law applicable 10 ordinary
contracts made Ia that country aud we
would not foel authorized Ia 90 holding e1'
cept upon the ceureNt CONVICTIONS 81 It's
correctness, In 2nd konts commentaries,
18th Ed 1872 Il 10 said "Remsdes upon
contracts and their Incidents are regulated
and pursued according 20 The law OF the
place where the action q Instituted, and
the lex loci has no application, The lex
loci acts upon the right; the lex fort on
the remedy THIS we underAinnd 70 be
the generally accepted doctrine N thcn
Il be conceded that the laws Of the Chickh-
saw nation have application 20 others than
IT, citizens, can IL pc eald that the meN
failure Of their courts 10 be authorized %
AFFORD remedy la such cns0g win deprive
the injured party ia case Of violation OF
contract made thnreln 0f al romedy every
wherei We believe not and that IN such
cases the injured party can enforce his
rights according o. the remedies provided
BY the county whore tue defendant may
be found. But n we treut this case as
pared 10 hold that The position OF appel
liant IL well taken although the cnBes ~
Garter W. Gnode. 20 Ark l0 and Holland
seem 10 70 fnr IN MS direction We he.
lieFe the most that ran be- Enil from the
record Ia thia case ~ that the laws " fhe
Chickasaw nation fMl . authorize ~
courts to furnish n remedy IN such cases
aud DO not so 10 the extent 81 making u
lawful Tor persons 20 De guilty o. neHi'
Rence in ihe Performance ~ q duty lWll-
vs. Hallway company. 81 Toras. as3 n b.
said ''Ihc fule6 governing suite arising
ont " iOrts committed in d locality other
Than the government where The rrdrrfs
n sought are about these az deduoe1 from
the authorlugs upon the subject Where
the action "a ifanaitory ana "a based On
PERSONAL iuJWflet ftfnNhffN ~ SUCH ~
universal law, the suit may be brought
wherever the aggressor j. found. irroguec-
tive % the VouglonH of The local law
on whether there b. my law a. ali iu
fierce az the place where the wrong was
committed Getting N0rHf on interstate
law. % l5f lb5 Without approving This
statement Of the law 20 NE extent ~
h0idlng that cause ~ action ~ such
oaAes would exist irrespective ~ tho pro
visions Of the al Law n the lOeal Law
changed whaf y terHiel tne universal law
that Jurisdiction We believe the rule iaid
down 20 BE- sound iu cases where there
n 4 dapln failure 10 prOride remeav
without making The act lawful. The courts
OF this state have held that q pialntih AZ
raaes ~ tllio kind las hight y nrilbn
versfi law and that he measure " dainh-
peg under such law y that hdninisiered
b. the court below. anf We are ~ opinion
that IN az much a. n a not shown by
tho record that psriies living in the III.
difn Territory ore PROHIBITED By tbG laws
Of that county from soetiuH relief pTgrlds
~ they can end no defendant % D 1nris.
diotfon witch anUfds remedy in such
caaee and % a. much ~ TIE appellant ID
a Texas c0fpSffiioD. SOD 81 ~ much ~
Tie eabfrart with which 4 ideutifcd n.
aoif ~ reenidue and undo riatiug ~ trans
ulf aud deliver the inesEhge was entered
jffo 81 the stats We believe that our
courfq houid noi withhold redress for ~
AZ ~ Ana no error n ANY ~ the sNidQ1.
ments intefposti hy ~ Glf COLORADO 0nd
SAINTS ~ HALLWAY o0uraHr We nre ~ nNin-
iun fhrf TO- tIFigueifi tt'.si a fur tiWN
shnuiH 81 Hf'ffrHf frr sHd n1nciief With
n fffrsF ftrr shfn o thig e0lrt 3
rflrase ~ fh c.alm fgails' me Western