The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-06-04
TRANSFERS TO U. S. COURTS
IS QUESTION INVOLVED
IntImsiss Law 10 Prevent no
TNOVaI Of Cases From State
Courts Is Unconstitutional

The demurrer 0f ahe nsnlta III aAa
Injunction suit Of the Frisr0 mllroad
Va. Secretary OF stpte Rlll Cross waa
oyeTued IN d declaiOn relEdered ahia
morning BY Federal Judge ]. IA. CA
tcral. who holds void the order male
by Secretary Cross fogfeltlnG shp
charter of the Frisco Railroad com
pany Ia Oklahoma under tIhe pr0ya
slons Of the McCalla act passed b.
The First Legislature and known ar
The "doiniclle law" which seeks to
prevent foreign corporations FROM
transferring clusee from state f6
Federal courts by pleading domiciIe
IN other stntes, BY giving the aecrf.
vary Of state authority % cance n
revoke their charter upon che che ss.ss.s.e s.sisa.ss.se
Of certificate frWn the clerk Of sa|a
court where the motion removing
the cause Ia filed.
lntlmatca Law ID Unconstitutional.
The court in u doclai0m does moi
naea upon the merilh OF the naee, hut
lntinatee very strongly ahal the ln|N
Is Unconstitutional Judge C0slerai
holds that the state exceeded ia
authority In tlhe enactment 0f snnh
law, lntinlaaing that lha anaclnlenE
y such n law enters ah0 domain 1t
Federal Legislation. We floldh tinat
the act ~ unjust f0r tho renHou that
Y " Ia conflict with the rights aiV
en thn railroad company under tha
constitution Of the United States
The court rccltea IA che opinion fhn&
the law does not give amy aitanllon
% llle rlshts Of tho company under
lts charter and chat the revocation
W lta charter by tho sacramFy of
state was equal 10 confiecation "a
property without due process 81 law
Passes Only Upon Demurrer.
Judge Cobieisll does moi paae upon
the questions raised In the caae BIZ
The attorney RenefWi an to whether
the company has ever been legally
authorized under tho laws Of this
state. or by the ncts Of Congress A.
operate within the state, inaamuch az
Ire court did not undertake 10 paad
upon the full merits OF the cause. hllt
only upon the demurrer at this time.
Attorney General Vests mnin point
n defence of the Mccnlla act wns
haa the Frisco IallrOad. which T. .
Missouri corporation, has never been
glyen authority 20 transact business
IA this state. nor any Of the lines 6
has acquired by purchase Or grant
save the Arkansas Valley and West
srn railroad, which operates from
rllsa to Enid
Charter ln q Contract.
Judge COiaerai holds lKak d fran
chiHe on charter N contract ard
THAI tHlp state Of Oklahoma should
carry out the terms of contract
granted IN the two territories tn the
Frisco nllrUnd while under tha Fed
eral governments the some as though
Oklahoma had bem q siata AZ THE
time. lie does not pnss upon &ha
question raised IN irle case BIZ At
t0Iuey General West aa 10 mhethAf
;he numerous lines In the state which
now compose the Frisco system were
MOI secured by the railroad IL Woke
tion OF NE Sherman antitrust act
Judge cotieral also issued au order
continuing IN effect the temporary
Injunction pending the final determi-
nation OF the cause. Tho attorney
General slgnifled that he would MT
tako an appeal for the atahe frone
action OF the court IN overriding the
demurrer and asked twenty days e
ale en- amended answer 20 che peti.
ton asking Tor decision upon fna
merits Of the case. os we'll as upon
the constituilonallty Of the laM.
which motion was granted By tasa
court