Lapas attēli
PDF
ePub

It appears that the Crescent Mining Co. has fully complied with the requirements of the last two sections.

This legislation seems to follow the general outline of similar statutes in other States. I fail to see any evidence of a legislative intent to do more than authorize foreign corporations, complying with the conditions, to sue and be sued, and to transact business in their own lines within the State, and to acquire and hold the property and facilities necessary and convenient for that purpose. Under this and similar statutes, the business may be, and usually is, transacted through agents or attorneys resident in the State, and the title to property may be, and usually is, held by the corporation, just as the title to property is held by a nonresident individual.

In the matter of Keasbey and Mattison Co. (160 U. S. 221, 229), the Supreme Court said:

"And it is established by the decisions of this court that, within the meaning of this act, a corporation cannot be considered a citizen, an inhabitant, or a resident of a State in which it has not been incorporated; and, consequently, that a corporation incorporated in a State of the Union cannot be compelled to answer to a civil suit, at law or in equity, in a circuit court of the United States, held in another State, even if the corporation has a usual place of business in that State." (McCormick Co. v. Walthers, 134 U. S. 41, 43; Shaw v. Quincy Mining Co., 145 U. S. 444; Southern Pacific Co. v. Denton, 146 U. S. 202.)

These were decisions under the judiciary act of 1887-88, but they are based on the underlying principle that corporations as legal entities exist only in the States or countries whose laws created them, and do not become corporations or citizens of other States or countries merely because they are permitted to do business there on compliance with prescribed conditions.

In any event, I do not think the State laws are controlling. Congress has almost uniformly limited the benefits of the public land laws to citizens of the United States or persons who have declared their intention to become citiThe benefits of the right of way legislation now under consideration are expressly limited to citizens, asso

zens.

ciations, or corporations of the United States; and it can not be admitted that the congressional policy to exclude aliens from those benefits is to be overborne by State legislation, however liberal, permitting alien corporations to do business in the State.

The question submitted is therefore answered in the negative.

Very respectfully,

T. W. GREGORY.

TO THE SECRETARY OF AGRICULTURE,

INDEX-DIGEST.

[See also Index to Subjects, p. xxv.]

AGRICULTURE, SECRETARY OF.

AUTHORITY TO GRANT RIGHTS OF WAY. See RIGHTS OF WAY, 3, 4.

AIR RIFLES. See ARMS AND MUNITIONS OF WAR, 1.

ALASKA.

1. Purchase of Line of Railroads.-The President is authorized, under the act of March 12, 1914 (38 Stat. 305), to obligate the United States to expend, for the purchase of a line of railroads in Alaska necessary to complete the line desig nated by him, a sum in excess of the existing appropriation by Congress, but within the maximum of the cost as prescribed by the act. 332.

2. Public Lands.-Revocable licenses under the act of February 15, 1901 (31 Stat. 790), or easements under the act of March 4, 1911 (36 Stat. 1253), may be granted for the development and transmission of electric power upon public lands situate in Alaska. 387.

ALIENS.

ALIEN LABORERS. See EIGHT-HOUR LAW, 6.

NONRESIDENT, INCOME TAX. See INCOME TAX, 1, 2, 3, 4.

AMMUNITION. See ARMS AND MUNITIONS OF WAR; EIGHT-HOUR LAW, 2.

ANCHORAGE AREAS.

ST. MARYS RIVER. See VESSELS, 4.

ANTITRUST LAWS.

1. Panama Canal.-Under the provisions of section 11 of the Panama Canal act of August 24, 1912 (37 Stat. 567), the question whether the person or corporation who owns, operates, or controls any vessel seeking passage through the canal is doing business in violation of the antitrust laws is to be determined by the final judgment or decree of a court of the United States of competent jurisdiction. 355.

587

ANTITRUST LAWS-Continued.

2. Same. Where a vessel seeking passage through the canal is owned or operated by persons against whom no judgment that they have violated the antitrust laws has been rendered by a court of competent jurisdiction, there is upon the officials of the canal no duty to refuse to permit the vessel to pass. 355.

3. Same. Where the vessel is operated or controlled by a person or company against whom a judgment has been rendered under the antitrust laws in a court of competent jurisdiction, if the proceeding was at the instance of the United States and resulted in a decree designed to restore competitive conditions, and no question has been raised by the United States in appropriate judicial proceedings as to noncompliance with such decree, it should not be refused passage through the canal. 355.

4. Same. Should a case come to the attention of the canal authorities, where the judgment was a conviction under the criminal sections of the Sherman law or was a judgment in a suit brought by private parties, they might well require some affirmative showing by affidavit or otherwise that the violations had ceased. 355.

5. Railroads.-Military Movement of Troops.-Neither sections 1 or 2 of the Sherman antitrust act of July 2, 1890 (26 Stat. 209) nor section 5 of the act to regulate commerce of February 4, 1887 (24 Stat. 380) prevents the Navy Department from agreeing with many railroads or prevents such railroads from agreeing among themselves that a common agent of the roads may for a definite period direct the routing of Federal troops. 381.

APPOINTMENTS.

ACTING ASSISTANT DENTAL SURGEON, NAVY. See NAVY, 1.
ASSISTANT TO DISTRICT ATTORNEY. See CANAL ZONE, 3.
CORRECTION OF CERTIFICATION. See CIVIL SERVICE, 1.
DEPUTY COLLECTORS. See INTERNAL REVENUE, 2.

NAVAL OFFICER AS COMMERCIAL ATTACHÉ. See NAVY, 2.
POSTMASTER. See RECESS APPOINTMENT, 1, 2.

APPRENTICES.

PROMOTION. See STANDARDS BUREAU.

APPROPRIATIONS.

FOR MEMORIAL AMPHITHEATER. See ARLINGTON NATIONAL
CEMETERY, Va., 1.

FOR PUBLIC BUILDINGS. Sec EIGHT-HOUR LAW, 8, 9, 10, 11, 16.
POST OFFICE. See EIGHT-HOUR LAW, 17.

AQUEDUCT BRIDGE, VA.

1. The Government-owned site at the south end of the Aqueduct Bridge, comprising the tract above high-water mark on the Virginia bank of the Potomac River purchased under the act of June 21, 1886 (2 Stat. 84), is under the administrative control and jurisdiction of the Secretary of War. 470. 24 Same.

The Secretary of War has the power to issue a revocable license to the Washington, Arlington & Falls Church Railroad Co., permitting it to occupy with its railroad tracks and appurtenances such portion of said site and in such manner as he may deem advisable for the time being. 470. 3. Same.-The Secretary of War also has the power to issue a revocable license permitting the relocation of the track of the Great Falls & Old Dominion Railroad Co. upon the site in question. 470.

ARLINGTON NATIONAL CEMETERY, VA.

1. Appropriation and Contracts for Memorial Amphitheater.-Section 14 of the act of March 4, 1913, which created a commission to direct the construction of a memorial amphitheater at Arlington National Cemetery, Va., does not authorize any present expenditure, but it does authorize the commission to enter into contracts to the extent of the full cost of the buildings, to wit, $750,000. 147.

2. Same. The commission should, at the proper time, submit to Congress, through the Secretary of the Treasury, an estimate of the requirements, together with a report of its action. 147.

ARMS AND MUNITIONS OF WAR.

1. Mexico.-Air Rifles.-Whether certain air rifles are 66 arms or munitions of war" within the meaning of the joint resolution of Congress passed March 14, 1912, and the President's proclamation of the same date issued in pursuance thereof, is purely a question of fact which the Attorney General does not feel qualified to decide. 9.

2. Same.-Empty Cars and Coal.-Ordinary empty cars belonging to Mexican railways are not "munitions of war " within the meaning of the President's proclamation of October 19, 1915, prohibiting the exportation of such munitions into Mexico. 467.

[ocr errors]

3. Same.-Coal and coke are not included in the term "munitions of war as used in the President's proclamation of October 19, 1915. 467.

4. Same. There is no authority of law (other than the quarantine act) forbidding the importation of cattle and other live

« iepriekšējāTurpināt »