The representative. [volume] (St. Paul, Minn.) 1893-1901, 1893-10-18

viuudlS composing a corporation ag-
gregate, when standing in the atti-
tude OF defendants, which does when
they are in that of plaintiffs. See,
also, besides cases cited in this opin-
ION, Corporation of Ne,o Orleans v.
Wsnter, Wheat. 91-95: Sullivan v.
Fa1Iton Steamboat Co. Wheat. $50:
Hope ms. Co. v. Boardmam, S Cranch
81; Bank v. Willis, 3 Sunni. 472; Brad
Jord v. Jemks, 2 Mclean. 13O; Susq,se-
hanna Bridge Go. v. Evans, 4 Wash.
G. c. 4SO; Kirkpatric v. White, Id. 500.
In the last case cited, Mr.. Justice
washington. delivering the opinion
OF the court, after holding that it
was impossible to extricate that
case from the principles so clearly
and SO positively established" in the
proceeding case, uses this significant
language: "We very much regret
That the authorities and the course
OF reasoning which has been stated
lead us inevitably to the conclusion
that the jurisdiction cannot be sustained.
and we freely acknowledge
that we have struggled, as far as
duty would sanction, to discover
such reasons as we could safely and
conscientiously abide by, to author
lze us in coming to a different con-
clusion. Our duty is to follow where
the rules of law or equity and right
reason lead, without looking to con-
sequences, although from a view of
those consequences we may be per-
mltted, as we have done, to express
our regret that the law is as we
nave stated it, or as we apprehend
1t to be. For it is very certain that
II we are correct in our view of it
pery te'0 corporations can enjoy the priv-
alege Of suing or being sued IN the courts of
the Onated States." Evidently the
court was impressed with the idea
that it was great hardship, if not
denial of justice, to be denied the
right to sue in the federal instead
OF the state courts. This opinion
was delivered in 1927. The federal
courts had been struggling since the
adoption of the constitution until
that time, and continued to struggle
until 1874, to SO construe the con-
stltutiOn of the United States as to
give corporations the Fright to enjoy
this privilege" Of suing or being
sued in the courts of the United
States decided the case of Louisville.
q. d G. r. Go. v. Letso,e, 2 How, 497,
IN which it was held for the first
time that "a corporation created
by and doing business in particular
state is to be deemed, to all intents
and purposes, as person, although
an artificial person, an inhabitant
OF the same state for the purpose
OF it's incorporation, capable of be-
ing treated as citizen Of that state
as much as natural person." [
use the very language of the judge
who delivered the opinion, for it
shows that even then the court
shrunk from boldly and squarely
deciding that a corporation aggre-
gate is, within the meaning of the
cons stitution, citizen of the state
creating it. This opinion should be
carefully read by any one who wishes
to trace the action of the federal
courts on this question. BY it's cir
cumlocution it shows more clearly,
even, than does the ingenious ad-
mission of Mr.. Justice Washington,
above quoted, that the court was
struggling to give the corporation
the right to enjoy the privilege of
escaping from the state courts. 1t
is only strange that it took so long
a struggle to accomplish the end in
view, for sohen q court begins to seek a
reason or excuse or protect for euadinq
or dssregardinq on explaining a,cay a
statutory or constitutional provision, the
excuse or protect Is usually sooner DIS
covered. [Our ex-chief justice is good
authority upon this point.-I. d.
BUT FOR THE FIRST HALF CENTURY
OF THE GOVERNMENT IT WAS CON-
SIDERED ALMOST TREASON TO DIS
REGARD OR EvADE THE CONsTITU-
TION; hence the hardness in arriv-
ing at this conclusion. Judges-the
best judges-are very human; and
when they go beyond the simple
duty Of expounding the law, and at
tempt on struggle to do that ,chich should
not be done, or ,ctich 1t Is the duty of an
other department of the government to do,
they usually err most gravely. The very
soish or struggle Of Judges to evade OR
MODIFY THE LAW OR THE CONSTI-
TUITION IS ITSELF GRAVE ERROR,
ALMOST A CRIME. [Stronge lam
guage but none too strong for the
offence. For a bench of judges to
override the law-making power of
the people should be declared high
treason, with the penalty, DEATH
Continued mert ,oeek.
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