The Washington herald., 1907-08-08
THURSDAY. AUGUST S, 1907.
Reduced TO Absurdity.

Public insistence that corporations. like
everybody else. shall obey the law is so
strong that the governors Of one or two
States have taken advantage of a healthy
sentiment TO enforce obedience TO legis-
lati0n that is void on the face OF Il for
unconstitutionality. BY doing so, these
OverzealOus executives are bringing all
law into contempt and shaking faith in
the capacity Of government 70 regulate
transportation interests in a spirit Of fair
ness and justice. Recent legislation, pro-
viding for the revocation Of corporate
licenses 10 do business within a State. if
the licensees exercise their constitutional
right 10 secure the removal Of q suit
against them from a State 10 a Federal
court furnishes an instructive case in
point. Alabama and Arkansas adopted
such legislation, and Oklahoma also, IN
I'll the administration compelled the re-
moval OF the obnoxious provision from
the new constitution. Now the question
OF the validity of such legislation IS not
a mOoted one. There Is no doubt whatever
that 1t Is in contravention Of both the
national Constitution and the Federal
statutes. which guarantee 10 the citizens
Of different States the right TO have ac-
cess to the Federal courts for the settle
ment Of litigation between them. Judge
Cooley thus states the law:
The right Of removal cannot be taken away or
limited by State laws Therefore 4 right 20 recover
damages for personal injury arising under a State
statute may be enforced in the Federal court by a
citizen Of another state against a citizen Of the
State where suit is brought. notwithstanding the
State statute undertakes 10 limit the remedy to
suit IN Its own courts. And the right Of q foreign
corporation to do business in State cannot be
made conditional its waving the right to remove
suits against j. to the Federal courts; and the
waiver itself II made. would be Void
Such particularistic legislation as that
now under consideration is not a novelty,
for it has appeared a number of times
during our national history; but the Su-
preme Court has always asserted the su-
premacy Of the Federal Constitution and
statutes over all State legislation intended
TO deprive the Federal courts Of their con-
stitutiOnal Jurisdiction Both Alabama
and Arkansas are attempting to enforce
legislation that is, In fact and in law, null
and void; yet a terrible outcry IS raised
IN Alabama because the Southern Rail-
way IS "defying'' State authority by ex-
ercising its constitutional right as a for
eign corporationl The situation is ludi-
crous in the extreme and it reaches the
height OF absurdity when the State au-
tborities declare one day that they viii
call out the militia 20 compel the railroad
TO stop running its trains. because iIs
license has been revoked, and the next
that they viii use the troops to force the
road to continue in operation, IN the event
It decides 70 submit 10 the revocation Of
its license. It must puzzle even the tai
ented legal department Of the Southern
10 determine what is lawful and what is
not in the State of Alabama, under the
dispensatIcn OF Conner.
Such a performance as that which has
been going on in Alabama is unfortunate
from every standpoint II bodies no good
to the cause Of corporate reform, and
simply makes impossible any effective
regulation of common carriers. Besides.
It does an infinite amount Of damage to
the substantial business interests Of the
State, which have nothing whatever to
gain by foolish and unconstitutional legis-
lation. designed merely to harass foreign
corporations and to serve the interests
of litigants hoping for tn, favoritism Of
local courts, Democracy. as Gov. Hughes
has so well said, must learn to deal Justly
IN the matter OF corporate regulation, or
II will utterly fail Of its purpose. And.
by the way. how impossible it is to mag
ine a Hughes enacting the role of a Conner
or a Glenn.