Bisbee daily review., 1916-05-23
HAVE ASKED FOR RESTRAINING ORDER
 IN U. 5. COURTS
Copper Queen Mining Com : pany Has Filed Petition
 Asking for Order to Re-
 strain Commission.

The Copper Queen Mining company through its attorneys, Messrs Ellin wood and Ross, has filed an applica- tion in the United States court at Tucson lor restraining order to pre- vent the Arizona Corporation Commits sion from putting into effect the order that was to be made by them cancelling the license of the Copper Queen Mining company from doing business in the state. The Corpora tion Commission has been notified that the hearing on the application will be held before Judge Sawtelle this morning in Tucson.
 During March of this year the Cop per Queen Consolidated Mining com pany removed to the Federal court a personal injury suit brought against it in the superior court of Cochise county, by Winnie. S. Minica, admin, istrator. The case was removed be- cause of the fact that the plaintiff was a citizen of Arizona and the plaintiff iffofhetaoicmfwypshrdvbgkqjcm Copper Queen company a citizen of New York.
 The attention of the Corporation Commission was called to this action by Attorney R. N. French, of Doug las, wlo represented Winnie s. Min ica in the suit which was removed. The commission investigated the case and found that under the statutes or Arizona, foreign corporations en- gagged in business here are denied the right to remove cases from the state courts to the Federal court Under the law, the penalty for such an act is the revocation of a corporations license to do business in the state. This would put the Copper Queen company out of business in this state and if sustained might cause serious and heavy loss t5 the stockholders of the company.
 The commission wrote the company on May 18th, and Informed it that they had found that the company was at fault, and that within ten or fif- teen days an order would be issued putting the company out of business.
 To forestall that action, the corpo- ration Saturday served notice on the commission that the temporary re- straining order would be requested.
 In the Complaint which will be pre- sented to Judge Sawtelle, the compa- ny goes into the history of its enter ing business in Arizona through the sr,r- al to come here and states the different steps it has taken to comply with Arizona statutes.
 It is also alleged that the companys holdings in Arizona at the present time amount to $32,3S3,94S and in case the commissions order should hold it would be forced to dispose of the property at a great loss.
 The case will probably be fought out in the ninth district court of ap- peals in San Francisco.
 Until this proceeding arose, it was generally understood by the lawyers and public officials in Arizona that foreign corporations which had enter. ed the state prior to statehood and established their business in the state, complying with the statutes in force al that time, would not be af fected by the law passed after admis sion and prohibiting corporations from taking cases from the state court to the Federal court. Upon this assumption many foreign corpo rations which were engaged in busi ness in the state prior to statehood have made it their practice to remove cases from, the state courts to tho Federal court, as permitted by the laws and constitution of the United States.
 | The proceedings above mentioned are in the nature of test case whicl will settle the law so far as sucl corporations are concerned.