The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-12-10

times in the last legislature and it il
easy to locate the influence which
caused it to be lost.
The question which now greatly in
terests the people of the State is how
to avoid the purposes and objects Of the
Southern and to discover, if possible,
a NEAR whereby this lease can be law
fully annulled or placed under such re-
s%trictions as will cause the Southern 70
abandon it.
In my opinion, the legislature u
North Carolina has full power 20 PrO
tect the State and carry out tne Will
of the people in regard to this lease
whatever that will may be-. Ii mem
bers of the legislature can De huuco"'
in the canvass next summer, to com
NIT themselves to legislation TO proUecC
the State from the encroachments o.
these immense, gigantic, wealthy cor
norations. they can be furnished with
the necessary bills to be passed ana Gne
legal authorities to support them.
AS TO THE REMOVAL OF CASES
The legislature has the power to en-
act that every foreign railroad corpo-
ration shall take out a license in the
State before it exercises any power
whatever under it's charter as it now
does as to insurance companies, and it
has the right to go a step further and
enact that if any foreign railroad cor
poration shall attempt to remove any
of it's cases to the United States courts,
the license granted to it shall be imme
diately revoked by the Secretary Of
State as soon as the records showing
the attempt to remove shall be laid be-
fore him.
Doyle vs.. Insurance Company, "a
U. s. Reports, page 535.
A copy of the statute passed by the
State of Wisconsin is set out in this
case and will afford a precedent to
guide ur legislature.
This principle of placing stringent
restrictions and conditions on foreign
corporations, being once fully estab-
lished in our Jurisprudence, it will be
easy to craft a statute to effect any
purpose which the legislature may
have in view as to the corporation and
lease.
The courts have said that no foreign
State has the right TO spawn carpo
rations" on another State for the pur-
pose of evading the laws of the other
State. New Jersey, for instance, has
statutes under which corporations can
be formed for any purpose and with
no restrictions in their charters for the
protection of the public from their dep
relations. As the corporation is to op-
crate in some other State they take no
interest in requiring conditions for the
protection of the community to which
they are transplanted, and we find
them here with powers granted in their
charters which would startle the PEG
pie if they were aware of them. This
abuse ought to be speedily remedied by
our next legislature.
How far the legislature MAJ go, will
be zen by an extract from Doyle's
case:
"The effect of our decision" says the
court, 'is that the State may compel
the foreign companies to abstain from
the Federal courts or to cease to do
business in the State. 1t gives the
company the option. This is juetifi
able because the complaint has no con
stitutional right to do business in this
State. The State has authority to de-
clare, at any time, that it shall not
tr ansact business there"
Our State can enact that norailroad
in North Carolina shall be operated IN
der a leaseuntil the lease has been first
submitted to the Railroad Commission
and approved by it, or, if the railroad
commissioners should deem the lease
unWise or against the interests of the
State, they can declare it void
The books are full of precedents for
all this class of legislation. There will
be NJ difficulty in finding them.
The objection was made to the anti
removal statute that it was unconsti
tutional in it's object. In answer to this
the court said:
IF the act done by the State is legal
it is not in violation of the Constitu
ton or laws of the United States, it is
quite out Of the power of any court to
inquire what was the intention of those
who enacted the law"
Of course, in a newspaper article, I
cannot embrace a legal essay; but if it
is deemed desirable 1 can follow up