The Caucasian. (Clinton, N.C.) 188?-1913, 1897-02-11

First, the bill should and must con-
ain ample provisions to prev ent for
sign corporations doing business in
he State from removing causes to
Federal courts.
Second, provision empowering the
Governor or some other responsible
agent in the State, to bring action to
specifically set aside the ninety-nine
year lease of the North Carolina Raj
road to the Southern, entered into on
the first day of January, 1896, and to
authorize him with the concurrence, |
should say of both the State Treas
urer and the Secretary of State to then
lease the road under such restrictions
and conditions as the legislature may
prescribe in the same bill. The es-
sential points in these conditions and
restrictions, should say, should be
that the lease should not be for over
twenty years, and that the minimum
amount for which the road might be
leased should be specifically stated.
OF course, in addition, it is essential
to have provision repeating any
charters that now exist of roads al
already built or that may be built tina
would parallel the North Carolina
Railroad.
The first provision above referred
to. which must be in the shape and
form of provision prescribing condi-
lions on which foreign corporations
can be licensed to do business in the
State, is the most important, and in
fact, the essence of the whole matter.
A number of attempts have been made
by States to prevent foreign corpora
lions from moving causes to Federal
courts, but nearly all of them have
been declared unconstitutional by the
Supreme court. The State of Wis
consin, however, has passed an ad-
mirable statute, covering this point,
which has run the gauntlet of the
courts, and has been sustained by the
Supreme court of the United States.
1 enclose you copy of this act, which
| will be found in the oath volume of the
United States Reports, page 536, in
the case of Doyle vs. Continental In
surance Company, which was pro-
nounced constitutional by the Su-
pereme court of the United States in
1876. The first three or four sections
of Judge Russell's lease bill are in
tended to cover the same ground that
this Wisconsin statute covers, but why,
wish to ask, should Governor
Russell or the legislature take any
risks or chances in so important q
measure as this? If the General AS.
sembly should pass this lease bill as it
has been introduced in the House, the
chances are that 1T will have to run
the gauntlet of the courts, and may in
the end be declared unconstitutional
by the Supreme court of the United
States. There is no lawyer or number
| NJ % 1oovnoI 70 kr
able to draw statute and guarantee
will be sustained by the courts. Here
we have a statute that has already
been adjudicated by the courts of fna
jurisdiction. Then why is it not the
part of prudence and wisdom to EN-.
body this statute just "a it is into this
lease bill, because we have the import
ant and essential advantage of know.
ing in advance that the courts not only
will, but have sustained it. Even i
Judge Russell's bill should f1nall,
be sustained by the Supreme court, i
will mean long and expensive litiga
tiOr, while, on the other hand, if W.
embody this Wisconsin statute in tn,
bill We make litigation impossible, fol
neithrr the Southern railroad nor any
other corporation would hardly TAX
it through the courts and hope for
reversal by the Supreme court of tn,
United States. Therefore, allow me t,
urge you and the other members O
your special committee to report thi
. Wisconsin statute as an amendment t,
the bill that you now have before you
If you can find the Encyclopedias o
American and English cases in tn
,, State Library, suggest that You ex
anime volume 8, pages 329, and es
, pecially 83a (and FOLLOW on this sub
ject. You can find the decision of th
=, Supreme court in the Doyle case ais
IN the State Library at Raleigh. AT
ter reading this decision, [ think yo,
, will agree with me that it would b
, better to change the title Of this leas
bill aud have it to read as follows: GA
act to license foreign corporations
q companies, or associations" Yo,
will notice that the Supreme court ha
passed upon this title. and say tina
they will not go behind this title to in
vesti gate the results, ETC., the legisla
ture being sovereign. / should judy
{ from the decision Of the court tina
If the same bill which 1 send you wa
t entitled an act to prevent the reno
e val OF cases, or anything else like tina,
the court would not have su.
e tanned the statute, for then the It'll
< would show that it was the intention
;. of the legislature to deprive the suite
OF federal right. Pay special atten
tlon to this point when you read til
Doyle case.
As / stated. in the beRinnin
above are the essential and vi
. tai provisions t. set aside tn
: lease and to lease the road for bette
= terms, but it seems to me that
would be as we'll to place into the bill
!, provisions preventing the consoles
: ton Of competing lines. notice tina
M: Pearson of Burke has INTRODUCES
bill which l understand is a 9oo
> measure, (thoughI have not read il
, which covers this point. II his bill
, carefully drawn and comprebensiv
! enough, why not embody it in thi
lease bills In fact this or An,
similar corporation reform miah
% well be put into this bilE and lie
them be enacted into lay at one time
The same efforts that it will take q
pass'a lease bill with the two vital nro
visions will pass it with additions
reforms and remedial measures incor
porated into it. In short, it take