The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1908-01-23
The MISSOURI LAW VOID
The Statute Forbidding Transfer OF
Suits to Federal Courts Declar-
ed Unconstitutional.
LENGTHY DECISION BY JUDGE MCPHERSON
The Secretary Of State 10 Restrained
From Forfeitlng Charters Of Rail-
roads Which Have Violated Law
Court Holds Missouri Statute Con-
fIjcts With Federal Constitution.


fIicts With Federal Constitution.
Kansas City, Jan. 21.-Judge smith
Nc Pherson, in the United States dis
trict court here Monday, declared void
and unconstitutional the statute
passed by the Missouri legislature IN
1907 forbidding foreign corporations
from transferring suits brought
against them from the state to the
federal court upon pain Of forfeiture
Of their charters. The application OF
the Rock Island, the Santa Fe, the 81.
Louis, Kansas City & Colorado, the
Milwaukee & St.. Paul and the chi
cago & Alton Railway companies for
an injunction to prevent John y.
Swanger, secretary Of state, from en-
forcing the law. was granted by the
court.
The Missouri law upon which Mon
days decision is based provides, spe-
officially, that IL any foreign or non
resident railway corporation, created
and existing under the laws OF any
other state, shall, without the written
consent Of the other party, remove a
case from the state court to United
States court, or shall without said
written consent institute any suit
against citizen Of the state, In any
federal court, then the secretary OF
state shall revoke the license to DO
business, from one point within the
state to any other point within the
state either in carrying passengers or
freight. And doing such business
shall subject it to penalty OF not
less than $4,000 and not more than
$4,000 for each offense. And such
liability shall continue for five years.
It Is alleged in this case that COM
|>plainant is about removing case, and
the secretary will follow that by re-
voking its right to do business. The
defendant contends that this, in Ell
feet, is an action against the state, in
violation of the eleventh amendment
to the constitution. The complainant
contends that the act Of 1907 impairs
its contract with the state, and denies
! 1t the equal protection of the laws il
enforced.
Judge Mcpherson, In his decision,
goes into the law of the case at great
length and quotes freely from previous
decisions to sustain his position.
In concluding Judge Mcpherson held
as follows:
4The Missouri statute of 1907 is void
because 1t allows a resident company
to sue in the federal court, If there is
federal question, and denies that
| right to a nonresident company.
| Regardless of the last preceding
statement, the statute is void because
| It seeks to take from the complainant
| its right to bring or remove a case tc
the United States court, which right
Is given by the constitution and the
| act of congress, which by article 6 o.
the constitution is declared to be the
supreme law of the land, anything II
| the constitution or laws of any state
/ TO the contrary Notwithstanding.
"The statute is void because 1t Is
an effort TO not only impair, but to re
pudiate the contract of the state made
with the company, by which 1T was in
duced to come into the state, making
investments in large sums, and was
authorized to do state business, bu
now declaring that it shall not dt
such business thereby rendering 1t in
solvent, and taking from the people
along Its line the use of railway fo
state business, unless the compan,
will surrender under coercion rights
given it by the national constitution
and valid enactments of congress.
"This court recognizes the rule tina
presumptively all legislation is valid
But 1t Is only presumption, and in NJ
sense conclusive. This court recog
nizes that all doubts should be solve'
in favor of upholding legislation Blu
there are no doubts in this case.
"This court recognizes that the sec
rotary of state will be enjoined from
doing that which he is commanded 7
do by state legislation. But 1t is ais
well known that If this court Is Il
error there can be a reversal by tn
supreme court within less than a yea
of time,
"There Is but a single question pre-
scented. The complainant asserts right
under the national constitution an
laws enacted by congress. The de
PENDANT asserts rights under an &C
OF the Missouri legislature, and insist
that there is no conflict,
"This court holds that there is
conflict And there being conflic
the one or the other must give wa!
And the constitution and laws of col
gress being the supreme law Of tn
land, of course the enactments of tn
state must yield.
"The application for an Injunction
sustained
Oldest Presbyterian Minister Dead
! Fort Worth, Tex, Jan. u. Rev. D
| Angus Inhusan said tn he the oldas