The Caucasian., 1895-12-05
The Rights Of Foreign Corporations
Discussed What They Are Sub
ject To By Law And What
They Ought To Be Com
pelled To Do.
CORP CRATE METHODS,

which They Fear-The Organization
should Hc Kept C"mpari-s" A. To
Make Demands For Railroad Reform
Effective.
The law is stronger than the corporations, |
and the people make the law.
The pen is mightier than the sword"
Mr.. EDITOR My communication TO
your paper last week signed "Lex"
seems to have stirred up the Southern
Railroad Company and its friends who,
suppOsing it needed help, have offered
! assistance by way of personal abuse of
me instead of replying to my arguments
or correcting my statements of the law
in regard to FOREIGN CORPORATIONS if
indeed | made any mistake. When
these newspapers attempt to DO either
they will, in my opinion. have a Hercu-
| lean task to perform. | have been a
| student. Of corporation law for fourteen
years and am vain enough to think
| that | know something about it. The
| Southern Railway, or the RichmOnd
and Danville Railroad Company, for
| they are really the same in substance,
| offered me the position of General
| Counsel for North Carolina in 1881, and
| / refused it twice; but owing to the
fair promises made and reiterated to
me by Col. Andrews at last reluc-
family consented to be retained in en-
plOyment and served it for fourteen
years, when their State counsel, as
general rule, were discharged in two
to five years. 1t required me to go day
and night, until my health failed and
twice the surgeons knife was the only
alternative to save my life. AS soon
\ Il IL "a e
Grating me for my hard services or eX-
ercising any feeling Of humanity or
charity towards me in my helpless
condition, this sOulfess corporation at
the instance of its Nice-President,
cody turned me out to perish, as it
thought, but was careful enough to say
that no charges were made against
me. 1t thought ! was about dead and
treated me as it would Il dead horse or
dead dog-threw me aside by abolish
ing the Office | held. Bnt blessed be
, God, my health has almost been restOr-
ed and the people are coming in TO en-
ploy me professionally every day
This displeases this wealthy and heart
] less and enviOus corporation and 1t Is
) now trying, through its agents, to de-
= stroy my private practice by chargins g
!. that | am taking cases against the
Southern Hallway for nothing. There
is not shadow of truth in it. 1t ther
said that | was a disappointed candi
t date for Director of the \. &. y. Il. Co
= This too is wholly untrue. This cor
pOratiOn seeks to divert public atten
= ton from its gross oppression of th'
r people Of the State by making per
sOnal issue with me. This is cOnfes
= sion of it's weakness and an exhibition
e of its deep-seated malignity toward
7, me. | appeal to the people to give M
fair play while | expose the wrongs o
It this corporation to public view. | an
t determined to say all that | INTENDED
It to say, though | should be assasinate
n for doing it, and | intend to take al
e the cases | can get against this Rail
,r road and shall be grateful to any on
if who employs me. | know its Wea
x points and all its modes of defence, an
,e am not afraid to cross swords with
1T in the temples of justice where | Wi
ut have fair chance with law and e4uit
N on my side.
- RIGHT TO PREVENT REMOVAL OF CASE
In my last article l showed by refer
- ence to cited cases in the Reports {
-. the Supreme Court Of the Unite
NJ States that
ot FOREIGN CORPORATIONS
I'd had no right to operate railroad !
he North Carolina; that it was only
as pririlpgc extended to them through tt
a courtesy of the State and that the lie!
ed islature of the State had the power
Ill withdraw that privilege whenever
a pleased to do so, or it might attach an
conditions it pleased to the exerci
of this privilege.
That the legislature had the pow
III to pass a law that no foreign corpor
IS: ton either railroad, insurance or 9th
'u- kind, should exercise any Of its fun
N tions or do any business in the Sta1
III. as operating railroads, without ir
IN taking out license and that the Sc
IL retary of State should revoke that
me cense at any time upon infOrmatl'
at- lodged with him that such foreis
me corporation had removed or was e
lnt deavOring to remove any of its cas-
Oh from the State to the Federal courts.
ers Boyle VS.. Insurance Company, 81
IN ). Reports, page 535 settles this CUE
les. ton. See also Rector VS.. Phjladelp ph
et- 81 "a Howard, page 800.
the Therefore that it was the duty
ur- the next legislature of No1
rm. Carolina to follow the example
Use. Ohio, Indiana and spther Northe
re and Western States and pass an
ne which would compel the Souths
'ei, Railway Company or any other +
all eign railroad corporation to put It's
Oh on an equality with our own corpo
ol tiOns, chartered by the State, and
their cases in the State courts.
has been the habit of the Richmt
and Danville Railroad COmpa
ing whenever sueu toi o'tr ,ba F-'JHU IN;
now States Courts, which it had the ri
roa to do as foreign corporation,
our courts were thus treated w
contempt, and where the L United Sta
NOD statute for. removals were not br
"" enough to remove the case on
count of diverse citizenship,
next move was for the '
President to file an atiid
the swearing that his company could
de- get Justice in the State courts, on
lter- count of "lOcal prejudice"-thus
ices. serting under oath that the 5
rsad Judges and juries were unit to
80 railroad cases. 1t is astonishing
'u'" - the legislature has not made the r
lney titiOn of these insults to our Judic
you impossible, and rebuked by apprt
lalTs ate legislation such unjustliiable
+. j. offensive conduct.
tains | predict that the next leslsia
ally, OF NOruH Cai oli,ia VIZ :.
and disgrace, II the oiils " pre.e"' -
In not purlOined.
sure RIGHT TO TAX FOREIGN CORPoRATl
N in v;sb now Tn advance a step fur
Ohio, and to show that the legislatul
,nlals North Carolina has the right tC
price criminate against foreign corpora
2p. by levying upon each one doing
ness in the State, either specih'
or one tOsbe prO-rated on its bus
cures and thereby cOinpel tnese S,s'
arilla, wealthy corporations whlch are
and tected by the State at the eNpph
failed. it's own cltizens, 70 snouioer
When share OIL the Durnti vi .aNaU'on,
d, dis they have avolueo ny oei'S ona'
tn re- in another State.
is the In 1853 the legislature of ii