The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-02
THE LEGISLATURE HAD No DE
SIRE TO PUT HARDSHIPS
ON CAPItAL.
COURTS DISREGARD STATE RIGHTS
We Are Drifting Dangerously Far. Shall This
Country Try Government Under and
by Judges and then Ask
fur a King?

of the News and Observer the question
asked, rs the Craig Bill Constitutions
alp and stating that eX-(IOyernOr Fat
tison. President of the Security Trust
and Life Insurance Company of Phila-
delphia, and Mr.. Luper, exCommis-
sioner of Insurance for Pennsylvania.
doubt it. etc. The former bases his
doubt, it would appear from the inter
view as contained in your issue, upon
the assumption that "the law was passed
for the avowed purpose of keeping out
side corporations ont of the Federal
courts" A careful reading of the statute
will fail | think. to reveal any such
purpose. The statute provides that GER
tain kinds of foreign corporations shall
before they are permitted to do busi-
ness in North Carolina. file with tn,
Secretary of State copies of their fran
chises. etc. That upon complying wi,h
this provision 1T shall thereupon become
Il corporation OF this State, and ENJOY
all the rights and privileges. >and be
subject to the same liabilities, of ether
domestic corporations. etc. The stafufn
further declares that lit may .sua ard
be sued in all courts of this State.
and shall he subject to the jurisdiction
of the courts Of this State as fully as
if such corporation We're originally
created under the laws of the State Of
North Carolina ! think that when
the. statute DECLARES that such corpora
tion, by doing certain acts above re-
ferred to, ''shall thereupon Immediately
become a corporation of this State. and
enjoy all the rights and privileges, and
be subject To the same liabilities. Of
other corporations. it was unnecessary
to have mentioned the fact that il should
have the right to sue. be sued, etc. The
rights and privileges. dilties and liabili-
ties. of domestic corporations are wr'l
defined by the general statutes relating
to corporations. That part of the statute
above quoted relating to the courts
is surplusage and when constru-
ed must be construed to mean
that the general law with reference TO
suits by and against domestic corpora
tions shall apply to '.domesticated" COR
porations. 1t would seem from the
reading of the statute that no one unless
indeed he be over-suspicious. and think
that the Legislature meant to damn all
combinations OF capitaD, can say thai
it had any such purpose i'll view as d.
feating the jurisdiction of the Fed nrh,
courts. In constituting a statute you are
| not to go ont of your way to get a
possible construction for it "EXpresSio
unius est eXclusio ialteriNIs. and expires
sum facit cessare tacltum are maXlms
| for the construction of statutes. :.
VS.. Arredondo. & Pet tU. 50 691 Collins
| vs.. New Hampshire. III L. s. 30. What
| does this statute imply on it's face, Of i,y
| fair implication:
| think it is well established by a
| long line of decisions. both State and
| Federal. that a corporation is not a c.ti-
zen in contemplation of sec. =. chap. J..
| Art " of the United States Consistu-
| tion privileges and immunities Of citi-
| zens Of the several States,. \. x W. X.
| r. Co VS.. Pennsylvania. 1876 L. $. III:
| Philadelphia Fire Association VS.. New
| York. 119 L. s. 10: Oriens- lnsu,,,nrc
! Company VS.. Daggs. ADV. s. Z. 5. 29l.
| 10 Sup CT. Rep. 2S1: but that Il is
| within the meaning Of section :, artt"'e
| Ill. United States Constitution tcputr"-
! versies between citizens Of different
| States. st. Louis VS.. Virgins Ferry
| Company. IL Wall 423: Ohio Il. Il. 60.
VS.. Wheeler | Black. 2S6: Marshall ".
| Baltimore and Ohio Railroad Company.
| 16 How, 314.
| | think that no one will deny that Il
/ State has a right under the United
States Constitution and the laws of Cen
/ gress. to impose conditions on corpora
/ tons doing business within it's te.}iScrv,
and may go so far as to coniine lne1
/ to certain sections. or exclude them en-
| tirely In other words. the Legislature
| has the right to grant or Withhold Us
| charter to corporation, foreign OF di'-
nestle. The granting of ccfDnate
| right or privilege rests entirely II the
| discretion Of the State. and when grant
! ed may he accompanied with sd@.i c"I-
| ditions as its Legislature may judge
| most befittng to IT'S interest and poi'y
| Home Insurance Company VS.. New
| York. 154 Z. S. .594: Horn Silver i;in-
| ing co. VS. New York. 134 L. :. :a,.'.
| 1t will not he denied that w.ieh cor
poration applies for and obtains articles
| of incorporation in any State OF the
| Union, it becomes a corporation ;yri clti.
| zen tfor certain pnrposes) Of tha. rarf G
nlar State. regardless Of what It's status
Of citizenship may be in any other state.
! Chicago and y. w. II. X. * Nhltti'.
/ 80 T. s. 270: Ohio and Nj. X. X. IS.
/ Wheeler. G6 e. S. 2S6: st. Louis and
| s. +. II. X. Co. VS.. James. l6l, Z.