The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-14
The COURTS OF THESTATE
TO BE GIVEN FINAL JURISD1C-
TION OVER FOREIGN COR
pORATIONS.
raEY ARE REQUIRED TO 50 CONTRACT
By The Bill Now 6tfJre the Senate. Co1sidera
ton Postponed 10 Give Parties Inter
ested Tima II appear and
Get a Hearing,

OCt q A'OathS'
The majority members of the General
Assembly are proceeding to redeem the
pledges made to the people in the plat
form of the party and on the stump in
| the last campaign. From day to day
the measures looking to this end have
been noted as they were brought up or
passed.
! Yesterday Senator Hairston, of the
9th Senatorial district, introduced a
bill to compel all foreign corporations
doing business in this State to take out
a license under the laws of the State
and to submit themselves to the pro-
cesses of its courts in the same degree
and manner as corporations chartered
under State laws.
+ This is in accordance with a plank in
the Democratic platform of 1893.
THE PLANK.
''We oppose the removal by corpora
tons of suits or cases from our State
to the Federal courts, and favor legisla-
ton to prevent it,"
The bill introduced by Senator Hair
ston as he briefly explained when the
bill was sent up, is based upon this plank
and is of such Importance that the full
text is given herewith:
THE BILL.
The General Assembly Assembly of
North Carolina do enact:
See. /. That any foreign corporation.
company, association or partnership in
corporated by, or organized under, the
Il of f.,;E
States or territory thereof, desiring to
transact any business of said corporation
company, association or partnership in
this State by any agent or agents IF
any kind or through any officers IF said
corporation, company, association or
partnership, shall first appoint an att0r-
ney in this State on whom process of
law can be served. containing Il contact
in writing or an agreement that said
corporation, company, association or
partnership will not remove or attempt
to remove any suit or legal proceeding
pending for trial in the Stare courts of
this State from said State courts, and
said contract ora ereement in writing of
said corporation, association or partner
ship shall be nled with the Secretary of
State of this State and said attorney
shall also file with the Secretary OF
State a written instrument duly signed
and sealed, certifying his appointment as
attorney for said corporation. company.
association or partnership which shall
continue until another attorney be sub
stitutcd, Provided further that when the
foregoing section has been fully complied
with by said corporation, company or
with by said foreign corporation company
or association or partnership by filing the
contract in writing or agreement afOre-
said, the Secretary of State shall issue
Il license to said foreign corporation,
company, association or partnership fill
ing said agreement TO transact business
in this State. Amy person violating this
section shall be guilty Of a misdemea
nor and fined not less than one thousand
dollars
Section .. That il any foreign corpora
ton, company, association or partner
ship as aforesaid shall make application
or attempt in any way to change the
venue or remove any suit or action or
legal proceeding already commenced or
hereafter to be commenced in any court
of this State from said State court to the
United States Federal court contrary to
any contract or agreement in writing,
which said foreign corporation, company,
association or partnership has made and
filed or may make and file, as heretofore
provided, as in Section /. 1t shall be
the imperative duty of the Secretary of
State land enforceable by mandamus at
the suit of any citizen of the State who
may begin such proceeding) at once
to revoke and recall all or any author
ity or license which may have been
granted to said corporation, company,
association or partnership, and no new
license shall be issued to said foreign
corporation, company association or part
nership for three years, and no corpora
ton or company as aforesaid shall do
business in this State without license.
Section 3. If any foreign corporation,
company, association or partnership shall
make any application or i'll any way at
, tempt to remove any cause or legal pro-
ceeding from the State court to the
United States court contrary to the
provisions of this act, he or it shall be
liable, in addition to a penalty of not less
than one hundred dollars and not more
/ than five hundred dollars, for each APP
| plication or attempt to remove said
| cause or legal proceeding as aforesaid,
! the same to be recovered by suit to be
brought in the name of the State of
North Carolina. 1t shall be the impera-
tive duty of the Board of Railroad Com
/ missioners to see to, investigate and en-
force this law by mandamus in their
name, or otherwise, as they may be adj
vised is proper and legal.
Section 4. This act shall take effect and
| be i'll force from and after its ratifica-
| ton.
! The bill was referred for consideration
| to the Committee on Corporations, com
posed of the following Senators: Dan
iels, Osborne, Murray, Speight, Stan
back, Travis, Goodwin.
The time of the committee was taken
up at the sitting with another bill and
| Senator Hairston's bill was not consid-
| cred. Mr.. Henry Miller, secretary of
! Col. A. B. Andrews. vice-president of
| the Southern Railway, appeared, how
ever and made Shorthand copy OF the
| hill IN subn,it To Col Andrews After