The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-08-07
srArr avn rrprnAL COURTS.


John c. Calhoun stands in the es-
timstion of all Americans as the very
chief of advocates of the rights of the
| States. Where he blazed the way none
others need fear to follow. A few
days ago we published in The Adver-
tiser an extract from his works, Vol
ume 1, Page S25 as follows:
seei R9 y ssoa ag G s s ss iaa ns
act) does not assume the broad prin-
cip1e that the state. courts stand. In
saurs Il The relation oS, nfer Ss
United States; that It is restricted TO
appeals from the penal judgment Of
the highest courts of the several
| GLIDING criminal casey, and in such
| cases to those only where the validity
of a treaty. statute Of, or an authority
the construction Of the Constitution.
| or of treaty, or law. of, or commission
| held under the United States; or when
ity exercised under a State. are in
volved on the ground that they are
repugnant to the Constitution. treaties
decision Is in favor Of The law or Inc
authority of the State. 1t may also
be alleged that. to this extent. 1T was
necessary TO regard the courts of The
to provide for an appeal from them
to the supreme Court of the United
states. In order 20 preserve uniformity
and conflict between the Federal Cow
eminent and those Of the several
"As far as uniformity OF de-
cision is concerned, the appeal was Ut
tie needed; and well might the author
OF the section in question be so indif-
sion of the Judicial power OF the Unitd
with the Government itself, Is sum
from the @ courts o Of The State. u Sc
q Federal Government like oars
sttu.s Sf s G sni, eiter IN the FEDERAL
or state courts. at his option; II he
selects the latter, and its decision be
adverse TO him. he has no right to com.
triel in the. former court as 1t would
in reality. be. under the cover of an
appeal. He selected his tribunal and
hfs fate would be warning 10 all
other plaintiffs On similar cases, II
would show that the state courts were
mence their suits IN the Federal soufts;
and, thereby. uniformity of decision
would be secured" Up. 32s).
1t 10 clear from this that MIR. Cal
houn did not believe 1t was in deroga-
ton of the rights Of the States for suits
|. to be brought in the Federal Court.
Indeed, he recognized the right of
plaintiffs. in, accordance with Federal
Statutes. to choose either a State or
Federal court.
The constitutions of the State and
the United States allow. corporations
access to all the courts that are open
TO individuals. and any legislation at
tempting to prevent this is a violation
of State as well as Federal rights. 1t
was strictly In line, therefore, with
their guaranteed, statute and constit't-
tional rights for the railroads. which are
foreign corporations. to begin their
suits to test the constitutionalty of
certain State laws in the United states
Court. II is the constitutional right of
a citizen of Alabama to sue a foreign
corporation doing business in this State
in the Federal Court, or for non rest
dent individual or corporation to bring
suits in the Federal Courts or to have
cases transferred from State to Federal
1 courts
The recent revocation of the license
Of the Southern Railway Company for
awaiting itself of the right to trans
fer case from State to the Federal
Court is but re-opening of questions
which 1t was supposed would rest until
|
reached. 1t would have been better
for the state and the railroads If the
whole matter could have been tried on
the merits of the cases as already pre-
scented in the Federal Court, and it is
to be regretted that there is a posi-
bility of conflict between state and
Federal authority. Just at this time
no one knows when a step will be taken
that will cause trouble and excitement.
Nor can any one form an idea as to
which side of the controversy will
open the proceedings. No matter which
takes the first step. there will be more
or less of confusion. and harm to the
State.
without at this time attempting to
go into any lengthy discussion of the
case, we can only say that so far as
matters have progressed we have been
unable to discover any attack upon
the rights of the State and sincerely
hope that a speedy adjustment will
be reached.