Las Vegas daily optic., 1907-04-11

Ion TO the effect that federal courts
have Jurisdiction In the matter oi
actions for damages brought against
the railroads OF Mexico where the
railroads also operate partly In the
United States. says the Ei Paso Her.
aid
The supreme court decided this
matter In the case OF Chas. II. Page
vs.. the Mexican Central railroad.
deciding In favor OF Paga The a1-
peal vas taken by the railroad com.
pany from the United States circuit
eour, q, Fl Paso. where Page was
awarded $4,000 damages.
The matter at question I'm the
Page case has excited wide interes,
among lawyers all along the Mex.
Eau border and the decision OF the
supreme court which for the first
time decides the matter. will be
good news 10 them
The case was first filed In the
xta'e court. Page asking for s2s. 600
damages for the loss OF q leg in an
accident on the Mexican Central
road In Mexico. The accident oc.
Cured about two years ago.
The matter was tried In Texas
and there the final result OF the
contention was that the plaintiff had
no standing in the state court. The
case went up to the court Of civil
appeals at San Antonio and there
Judge Seill In writing the opinion
sustained the contention that suits
of this character could be brough,
In the courts OF the state. The
case was next taken 10 the supreme
court OF the state and the ruling Of
Judge Seill was reversed.
Since the time OF that decision Il
has been customary to file suits ol
this character In the federal courts
1t was first held by Judge Maxey
that such suits did not have standing
in the federal courts. but the Unit
ed States district court OF appeals
at New Orleans. with Judge Pardet
writing the opinion. sustained the
contention that such actions couls
be brought In the federal courts.
The question was one OF sucf
momeht and importance to the Mexi
can Central and osher railroads o.
Mexico that to finally settle ;ht
question at issue the Page cas-
went up to the supreme court Of th'
United Stabes on a certificate o
the federal court OF appeals at New
Orleans. The general counsel y
the Mexican Central was In the cas-,
for the railroad and Moorfield Stor
ey OF Boston argued the case be
fore the supreme court fog the rail
road. Attorney George Wallace o
Patterson and Wallace. argued 70
Page. The argument was made
March 10 last.
On the decision hangs q grea
number OF cases. MANY El Pas'
lawyers have in their desks damag'
actions against the Mexican Contra
and now that the decision Of the 81
preme court has been rendered tn
complaints will be filed in the fel
eral court
When Mr.. Wallace was seen thi
morning by a Herald man and In
formed of the decision of the 81
preme court in the Page case. he eN
pressed himself as being greatl
pleased.
This settles a question which ha
been up for a long time and is @
the greatest Importance to lawyer
of Ell Paso," said Mr.. Wallace. It
have not yet been officially advis
ed of the decision from Washington
but I have for the last few day
been anticipating decision. TIL
telegram to The Herald Is the frs
news I have of the decision.
Page sued for $4,000 and 60
judgment for $4,000 The cour
cut this amount down to $4,000. w
are satisfied with the judgment an
greatly pleased over the dtcisio
which gives US the right to I'll
damage actions against Mexica
railroads operating partly in tn
United States in the federal cour,
In El Paso.
In the Page case the contentto
was made that the. Mexican Centr'
railroad is a citizen OF Massach:
sets and that where the injury wa
done to an American citizen, eve
In Mexico, that action can lie in tn
A. TIottal Ctofn