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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Jan. 26, 1906)
'JANUAIW 20, MOJ
The Corporations Special Privileges
The removal o causes from state
to federal courts is, just now, attract
ing considerable attention. Writing
to The Commoner on this subject
Piatt Hubbell of Trenton, Mo., says:
"The jurisdiction of the federal
courts, in 'connection with the rail
roads, presents another feature of
'special privilege' which has been
overlooked by many well thinking
people. This 'special privilege' has
arisen by reason x)i the wrongful and
oppressive jurisdiction that has been
vested in federal courts by the con
gress of the United States, and which
jurisdiction inures to the benefit of the
railroads, and for the railroads, and
is, no doubt, procured by the rail
roads. An illustration will, perhaps,
best explain our meaning. "When a
citizen, an average citizen, of a state,
be it Missouri, Nebraska, or any other
State, is sued for $2,000 or any other
amount in the local court of his state,
iie must try his case in a court of the
state, and abide by the decision of a
court of the state. He can not remove
the cause, without a trial, to the fed
"A railroad corporation that is not
incorporated in a given state,- may re
move a cause involving more than
52,000, to the federal court, without
any trial at all in .the state court. To
illustrate: The C. B. & Q. railroad
is not Incorporated in the
State of Nebraska. Under the
present law, enacted by con
gress, when the C. B. & Q. rail
road is sued for more than $2,000, in
a state court, it can remove tho case
to "a federal court. Without any trial
at all, the C. B. & Q. railroad can
rempve a case involving more than
$2,0QQ,.to the federal court and take
it away from-the state court. Tho
same 'special privilege' 'is accorded
to many other railroads besides the
X B. & Q. We only mention the
name of this one as an illustration.
"A railroad corporation, not incor
porated in any given state, has a spe
cial privilege that the ordinary per
son has not. Thus the railroad cor
poration has all the benefits of citi
zenship in a state, without the burdens
of citizenship. It occurs to us that
if a given state is good enough for
the railroads to transact business 'in,
and to earn money in, then the state
is also good enough for its courts to
pass on the rights and liabilities of
the railroads. When a railroad not
incorporated in a given state, Is sued
for more than $2,000, it invariably re
moves the cause out of the state
court, to the federal court.
'Why does the railroad remove the
case to the federal court? Why is
the railroad unwilling to submit itself
to jurisdiction of the state court? It
is said that a railroad corporation has
an advantage over the ordinary In
dividual in the federal court. The ex
penses of trying a case in the federal
court are greater than the expenses
m a state court. The 'railroads are
supposed to have some Influence In
the selection of the judges and offi
cers of the federal courts and, it
is said that railroad influences are
more active in and nimnf wioi
courts than they are in those of the
"When an humble laborer of the
railroad company is hurt through its
fault and through the fftult and
hurty of present railroad methods, he
must bring his suit for only $2,000,
or ho will be dragged oftVtp.the fed
eral court where, by reason of his
poverty and his inability 'ofnleet his
adversary in that court, he may be de
prived of everything.
"If the injured man flies his suit in
a state court, for more than $2,000
hiB caso will be removed to the fed
eral court and will bo removed so
far away that he can not pay the ex
penses of himself and his witnesses in
attending the trial and, even if hell want the hull of the good book;
could pay all these expenses, the rail- "V-1 wvo it's ev'ry tale
Who, told by God to go and preach,
Felt faint, and away ho ran.
Our Lord prepared this glorious earth,
Made mountains' sky and sea.
That ho prepared a groat big fish
Don't seem so strango to mo.
"Canst thou by scarchin' find out God?"
Though you spend each hour;
Nor can you measure by your own
The Lord Almighty's power.
AN OLD AND WELL TIU1TO RK1TKDT
;MK8. WiNST.ow'sSooTniNO BYittfi' foKohlldre
t-t)jlnKHboHld always boused for children whlU
teething, it softens the gums, allays all pain, cures
wind collo fend la thq best remedy for diarrhoea,
t'trent'fiye cents bottle.
road Influence around tho federal
court would bo arrayed against him
there. He may be maimed for life and
damaged to the amount of $20,000,
but this special privlloge to the rail
road practically deprives him of suing
for more than $2,000.
"The same rule applies to Uio pas
senger who is injured through the
fault of the railroad company; and,
to tho farmer whose live stock is
damaged in shipment, or otherwise
killed or injured; and, to tho merchant
who has a just claim for goods de
stroyed; and, all others who have
claims against the railroad.
"Congress should pass a law raising
the limit to $20,000. The ordinary
litigation, and the ordinary claims,
of the people against the railroads,
regardless of amount, should bo tried
in the -state courts, instead of requir
ing the injured party to go to a fed
eral court, or-submit to the gross in
justice of accepting $2,000 or less.
"Why should not the country press
raise its voice against this evil?
Many beneficent reforms have been
inaugurated and carried out by the
country press. Why not the country
press of the United States, regard
less of politics, take up the cause of
the oomm6n people against this 'spe
cial privilege' of corporate ppwer?
"Should not the average individual,
who pays' taxes to procure equal and
exact justice for the railroad have the,
same kind of a court and the same
Idnd of a trial that the railroad has?
Should the railroad have any privil
eges or right that the average indi
vidual has not?"
'Bout Joseph's coat, 'bout poor old Job,
'Bout Jonah and the whale.
So folks may keep on talldn',
And doubtin if they wish;
I b'liovo just what tho Bible says,
That the Lord prepared a fish.
ROSE C. WEBB.
The intorstato commerce commis
sion's final hearing in tho refrigerat
ing cases came to a sudden end when
the chief witnesses refused to answer.
Don't givo the commission any power.
It might find out something. Minne
apolis 'Journal. .
There are a lot of people who manu-
o sitiivrt Virtn tt rrfttna 4V f Tioa1roef
in order to gain sympathy when they
carry them in public. Exchange.
BETTER THAN SPANKING
Spunking doon not euro children of bod wotting.
If It did tlinro would bo taw children that would do
It. Tlioro in it constitutional cnuso for this. Mrs.
M. SuimuorH, Jlox 118, Notro Datuo, Ind., will send
nor homo treatment to nnr mother. Bho asks no
monor. Wrlto hur today if votir chllrirnn trmihla
I you In this way. Don't blaino tho child. The
J chances aro it can't holp It.
aflPvBflF EeaaBB 'bbT
rfJatjSaai Bur. i J$i2r 1 dB
DON'T BUY AN INCUBATOR
NOT "SPECKY'S" FAULT
The enemies of Von Sternberg, who
are trying to make trouble for him
because Mr. Roosevelt calls him
"Specky," don't know the president.
If he ever happened to meet the
kaiser, and took a fancy to him, he
wouldn't hesitate for a minute to call
him Bill.- Louisville Times.
There's lots of talkin now-a-days
'Bout Jonah and the whale;
'Bout how the story's all made up
A most unlikely tale?
Great men that folks consider smart
Say that no man could stay
Inside a fish's stomach so
For three hull days, noway.
I ain't much good convincin' folks;
To argue I've no wish.
But th' Bible says as plain as day
That th' Lord' prepared a fish.
It prob'ly was a special kind
Made purpose for the man
unless you obtain a jjood one
and "why not buy tne very best
when it costs no inoro Limn many
machines that are absolutely worthless.
OlJF!,EN,, Incubators are tho only perfectly ventilated rna-
" chines made they have won Jlrst prize wherever
exhibited they are guaranteed to (rive entire satisfaction. "QUEEN"
Incubators arc very reasonably priced. May we send you our 1900 cata
logue? It is free.
PINKERTON MFG. CO., Box 38, Lincoln, Nebraska.
I CURED MY RUPTURE
I Will Show You How To Gura Yours
I -was helpless and bed-ridden for ycara from a double rupture.
No .truss could hold. Doctors said I wduld die if not operated on.
I fooled ihein all and cured myself by a simple discovery. I will
send tho euro free by mail if you wrlto for it. It cured mo, and has
alnco curcd thousands. It will cure you. Writ to-day. CapUW. A,
Collings, Box 20A, Watcrtown, N. Y.
'Enter Your Subscription Noti? For
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