The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-07
AN APPEAL
TO CONGRESS
Both Legislative Houses Act
on the Northern Securi-
ties Situation.
Attorney General Douglas
Says the State Won't
Give Up.

ID W. wv S4AS oNSSS~ w SA =
Give Up.
Attorney General Douglas has appealed
to congress With the backing OF the
Minnesota legislature, and of the Min
nesota delegation in both branches at
Washington, he hopes for an amendment
to the judicial acts which will change the
anomalous position in which Minnesota
is now placed.
AS pointed out in The Journal
yesterday. the decision in the Northern
Securities case shuts out the state COM
pletely from redress in the federal courts.
The court lays down the rule that state
cannot sue a citizen or another state
where citizens of the plaintiff state are
necessary parties. This class of cases
is absolutely barred from the federal
courts. In the belief of most attorneys,
the Northern Securities company cannot
be reached in the state courts of Mime
sofa. An effort in this direction may be
made by service upon President Hill, him
self a citizen of the state, but there is
not much hope Of success in this direc-
ton. .s ,.-.... -
Attorney General Douglas has recog-
nized the far-reaching effect of this de-
cision, has called the attention of Gov
ernor Van SAINT to it in letter. This
was transmitted to the legislature. Tho
senate received it late yesterday after
noon, and at the same time Senator Will
son presented a resolution drawn by the
attorney general. 1t was passed imme
diately. The resolution fully explains the
! situation, and sustains the view Of it
taken by T h e jour NJ l yesterday. II
reads as follows:
Whereas, It has been held by the supreme
icourt Of the United States that the act of
congress of March 8, 1875, chapter 1877,
amended by acts of March ST. 1887, chapter
| 1878, and August 10, 1888, chapter S66, COM
| monty, referred to as the judiciary acts does
not confer Upon the circuit courts Of the Unit
| ed States jurisdiction of actions of a civil
nature, either at common law or in equity
brought by any state Of the union, except
Where such actions involve a controversy
| arising under the constitution or laws of the
United States or treaties made hereunder,
and deos not confer upon such courts juris-
| ulCllOu " euLefldlu Ill dCIlOu Ol d CIVIL
! brought by state against citizens of other
states, based upon the laws Of such states
| postal Telegraph Cable company VS.. Ala
/ bama, 1855 U. S., 4S2) and, .. .. -
| Whereas, The supreme court of the United
States in the case of the state of Minnesota
Tvs. Northern Securities company has recent
Fly interpreted section Of article of the fed
| eral constitution as prohibiting the institu-
! ton of actions Of a civil nature in that court
l by state against citizens Of other states,
where it becomes necessary under the rules
Of equity practice to join as parties to such
| litigation residents of the state which is a
! party litigant and,
! Whereas, AS was stated in substance by
Justice Harlan in his dissenting opinion
in California VS.. Southern Pacific Railway
company, 157 U. s.. go, this Interpretation of
the federal constitution will operate to bar
many states of the union from presenting ia
any forum for adjudication controversies
which are likely to arise between such states
and citizens of other states;
/ Therefore, Be it Resolved by the Senate
and the House of Representatives of the State
Of Minnesota, That the senators and repre-
sentatives in congress from the state of Min
nesota be, and they are hereby requested, to
prepare and present an amendment to the
judiciary acts of the United States, comforting
il risdiction upon the circuit courts of the
United States over all controversies of civil
nature, either at law or in equity instituted
therein by any state of the union against
citizens Of other states, including citizens Of
the state ins:ituting such litigation when they
are necessary parties to such actions, and
providing for the service of process upon
such defendants in any state Of the United
States wheresoever they may be found;
! Resolved, That copy of these resolutions
be forwarded to each member of the delega-
tior in congress from the state of Mime
sofa. ... .s..
, The attorney generals letter was read
before the house this morning, but the
, resolution did not make it's appearance
, until later, when it was brought in from
| the senate J. A. Peterson moved that
. the house concur and it was carried viva
Z voce. #.. .,-.... ..s e.
Attorney General Douglas has already
written two members of the Minnesota
: delegation Senator Nelson and Represen.
3 tative Stevens. He has asked them indi-
vidually to look after the matter, and il
! is probable that they will introduce a bill
, in both branches amending the judiciary
act as the attorney general suggests.
A Quo Warranto Possible.
This will not help Minnesota in the
l Northern Securities case, but the state is
not without redress. Action will be take1
, against the Great Northern in the st ate
, courts in the shape Of quo warrantt
looking to the forfeiture of the company
charter. The New Years conference a.
Helena may bear fruit in a suit by the
' state of Montana, according to a state
ment recently made in New York by At
torney General Donovan. Montana is no
hampered as Minnesota has been, since
none of the parties held necessary be-
longs to that state.
} Attorney General Douglas will not out
line his course, but intimates that he still
tCf iryc tn Sc horr -
rights of the people are not yet fore
closed