State v. Louisville & Nashville R.

Citations

• 104 Miss. 413
• 61 So. 425

Syllabus

<p>Constitutional Law. Rights of foreign corporations. Acts 1867, Laws 1908, chapter 122. Contract. Violation. Removal of causes. Grounds of removal.</p> <p>A foreign corporation’s rights acquired under the act of 1867 did not constitute such a contract as would be violated by the enforcement of Laws of 1908, chapter 122, providing that a foreign public service corporation, which 'removes a suit to a Federal Court, or institutes a suit therein, which it could not maintain if it were a domestic corporation, shall forfeit its right to do intrastate business.</p> <p>on suggestion of erkojj.</p> <p>Removal of Causes. Grounds. Diversity of citizenship. Unreasonable interference with interstate commerce.</p> <p>Where it is not contended that a suit removed from a state to a Federal court, was one arising under the Constitution and laws of the United States, but that one of the two grounds for removal alleged in the petition therefor, was a defense arising out of such Constitution and laws, to which the petitioner was entitled to the benefit of; to wit: That the order of the railroad commission sought to be enforced was an “unreasonable interference with interstate commerce; the other ground being diversity of citizenship. This allegation in the petition was ineffectual as a ground for removal, for the reason that “a ease, not depending on the citizenship of the parties, nor otherwise specially provided for, cannot be removed from a state court into the Circuit Court of the United States, as one arising under the constitutional laws or treaties of the United States, unless that appears by the plaintiff’s statement of his own claim, and that, if it does not so appear, the want cannot be supplied by any statement in the petition for removal or in the subsequent pleadings.</p>