The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-13

ture relative to an amendment to the ju-
qaciary act for the purpose Of getting
jurisdiction in the proposed merger suit
is at hand. In my letter of yesterday I
called your attention to the fact that in
the light of the recent decision of the
supreme court of the United States in the
merger case, as amendment to the judi
ctary act, such as you suggested in your
letter and as is suggested in the resolu-
ton OF tho legislature which You sent
me, would not help you.
The supreme court decided first that
the Great Northern and Northern Pacific
Railway companies were necessary par
parties to the suit, it would, under the
constitution, GUST the court of jurisdic-
ton on the ground no doubt, that at
least one of these -cOrporators was a
citizen of the state of Minnesota.
| now desire to add to what / stated in
my letter of yesterday, first, that such
an amendment to the Judiciary act as
you suggest would not help you in this
case in the light of the recent decision of
the supreme court, and, second, that the
resolution asks for legislation that, I'M
der the constitution is not in the power
of congress to grant.
By an inspection of section q article 3,
of the constitution, you will observe that
except in cases where action arises under
the constitution or laws Of treaties Of
the United States, the judicial power of
the United States does not intend to
cover a controversy between state and
a citizen of the same and, of course, you
the state in which 1t is incorporated.
Douglas to Nelson.
Attorney General Douglas letter to
Senator Nelson reads:
In view Of the recent decision Of the
supreme court of the United States in the
Northern Securities company case. deny
ing jurisdiction, and as an incident to
proposed legislation to test the lawfulnesS
of the acts of the said Northern Securi-
ties company, ! have been led to inVesti-
oct no iJ1Tic(li0fiOn Of courts
want of jurisdiction, over this contro--
versy.
Doubt1essly arising from the presump-
ton that the supreme court had jurisdic-
ton of such cases under the authority
conferred by article of the constitution,
congress has failed to confer jurisdiction
upon circuit courts Of the United States
over litigation in which a state IS par
ty except where it involves the construc-
ton of an act of congress or constItu-
ton or treaty of the United States. This
construction has been repeatedly Upheld.
The logic of the recent decision in the
Northern Securities company case, hold
ing that the Northern Pacific and Great
Northern Railway companies are neces-
sary parties in an action in equity
against that company. drives the state
out Of the courts of New Jersey, except
possibly in QUO warranto proceedings,
which could only be instituted by the at
torney general of that state, for the rea-
son that each of the railway companies
in question is not doing business in New
Jersey.
Again, careful examination Of the laws
Of New York discloses the fact that we
are probably barred from the courts Of
New York under the terms of section 1850
of the New York code. 1t follows Of
necessity, so far as the state of Mime
sofa is concerned, that it is limited to
our local courts and to such remedies s
may be invoked against local corpora
tions doing bL4ness in Minnesota.
Having reached this conclusion, deem
it important that the judiciary acts, so
called of congress, be amended so as to
United States Jurisdiction over actions
| against citizens of other states, even If
| it becomes necessary to join Herewith as
! defendants citizens of the state institut
ing the litigation.
An amendment to the acts, in my juGG-
ment, should also provide for service Of
| process on all defendants Whersoever
! they may be found in the United States
| Believing that the joint resolution of the
| house and senate of our local legislature
| would give the subject greater publicity
| and add momentum to the request, I
! have prepared a suitable resolution en-
| bodying the above suggestions and the
| governor will transmit the same today
| to the legislature. with a request that it
! be adopted. The proposed resolution re-
| quests the delegation in congress to pre-
| pare and present amendments of the
| above nature and / write to bring the
| matter more particularly to your atten-
| ton, with request that you take the
| matter up In your usually ene1 getic man.
| ner and confer with the house delegation.