The Montgomery advertiser., 1901-08-31


 tleman if that general rule of law to which he refers Is not confined to ac- tions for injuries resulting in death.
 Mir. White-You mean the rule Of law that is being met by this amend ment.
 Mir. walker-Yes, sir.
 Mir. White-No. It applies to any thing, anything on earth, where the cause of acton did not arise n this State. 1 know whereof I speak, be- cause I have been there. |.
 MT. Howze-You have run against it.
 Mir. White-I have run square pp against it; have had citizen or Ala bama that could not bring suit in the State and had to go to another State to bring his suit. There is no mistake on earth about that being the law in Alabama today, none whatever. and in every State. believe adjoining the State of Alabama they have provis- ions that their citizens may sue these corporations in the State where the citizen resides. know 1t is so in Georgia on the east and in Mississippi on the west: l believe it is so i'll Ten nessee and in Florida. I think this Is an important matter for the citizens of Alabama. and I hope the amendment will be adopted.
 Mir. Sorrell-I have a substitute that I desire to offer. h. The substitute was read as follows: Foreign corporations doing business in this State must be sued in the coun- ty in which the cause of action arose" MT. White-That is the law in Ala bama now. MT. Sorrell--I cannot agree with the gentleman from Jefferson. that it would be right to permit corporations to be sued in Alabama for an injury done a citizen, though he be a citizen of Ala bama. outside of the State. We are | told that in other States citizens are permitted to bring suit within their borders for damages accruing in this State. In reply to that 1 desire to say that we are not here to atone for the sins of other States. but we are here to establish a law for our own people that is satisfactory to the citizens of Alabama. The amendment as offered by myself provides that corporations do- ing business in Alabama must be sued in the County in which the cause of action arises. It is the law now that | they may be sued in the County in | which the right of action arose, hut my amendment provides that they must be sued in that county.
 The gentleman has placed his amend ment of the proposition of a damage suit against railroads, and I will Q, ply my amendment and address my argu- ment in that direction. The proposi- ton as presented by my substitute is simply this, is it right when a cause of action arises in Morgan County on the L. & N. Railroad say. that some enterprising lawyer in the city os Mo bile who has a hankering, we might say. for damage suits against corpo- rations. might secure the person who had suffered damage as his client, and carry him from the county of Morgan to the county of Mobile to bring his suit. I say. would 1t be justice to the railroad company. and would it be sim | pie justice to the witnesses that are | called from Morgan County to Mobile? ? | They have no interest in the result of of the case. but they are forced to go there on their own expenses. Is 1t jus tice? I have seen the same thing done 1 in my section of the State, and 1 might say here. in passing, that this is pro- l gressive age, and the practice of the l law has progressed, I am informed, es- pecially in damage suits. by some vel noted lawyers in our sister State tl the extent that in the great business centers of our sister State they have established damage suit bureaus witf | a hospital attachment. and while I ad I State I fear that if this matter is lef open. that some of our progressive law | yers who enjoy suits against corpora tions may follow the lead as laid dow. by other States and will have such es
 tablishments fourishing in Alabama
 Is it right? The Jurisdiction In ties' cases is supposed at least to be estab
 lished and given for the benefit ant protection of the citizens of Alabama
 Now. ask you. gentlemen of the Con | Vntion. the simple question If 1t f.
 right to bring a suit in any County il | which the corporation does business and force a witness to go one hundre'
 miles to testify for the plaintiff? H' has got no way on earthNo escape go
 ing. but if you bring the suit wher
 the damage occurs. he could stay a
 home in his own County, and go to tn
 county seat. and testify and go oac)
 to his home. When these damage suit
 are carried away from the Coln-. in which the right Of action arose these witnesses are forced to attend
 the trial at their own expense, and wh'
 reaps the benefit of it? 1 know of bu
 two classes of people that reap the ben eft, and that is the plaintiffs in tn
 suits. and the expert lawyers ia com
 mercial centers who bring these suits
 1 say, MT. President and gentlemen O
 the Convention, that these provision
 for bringing suits are not given to op
 press, and to carry mer that distanc
 to answer, when there is tribuna
 wide open for them where the cause O
 action arose.
 MT. Cobb-I desire to ask the gentle
 man If the plaintiff cannot select hi
 own forum?
 Mr. Sorrell-The plaintiff can selec l hi7 nWn fOriln hlft caO the Iyitpas
 refuse to go to that forum. or can h
 force you to pay his expenses befor
 you force him to go?
 Mir. Cobb-He can require you to pa
 his expenses.
 Mr. Sorrell-Before he goes?
 MT. Cobb-After the first trip.
 Mf. Sorrell-It is the first trip I ar
 talking about. The first trip hurts a
 bad as the second, when he has got n
 money to go.
 MT. .Pillans-Does not the gentlema
 assume that the witnesses in a railroa
 damage suit, as he describes it, neces sariiy live where the accident occurs? } MT. Sorrell-Ordinarily they do.
 MT. Pillans-Would not passenger who see an injury all be persons wh } would have to be brought from tn ends of the earth to testify to the in jury?
 MT. Sorrell-The gentleman is unde the misapprehension that damage suit l grow out of injuries to passengers o } the train. That is not my experienc, but on the contrary, quite a number d not. and l might cite an instance. have in mind one which happened i my county, and one in the adjoinin :, county of Coosa, where the suits wer , brought at Birmingham against th