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118 Am. St. Rep. 754, 10 Ann. Cas. 116, 14 L. R. A. (N. S.) 197, 65 Atl. 496, 499, upholding act of 1905 prohibiting person or corporation from transporting, through pipes or conduits, waters of fresh water lake, stream, or pond to another State; Ames v. Kirby, 71 N. J. L. 446, 59 Atl. 560, law prohibiting acceptance of wagers to be telegraphed outside State not regulation of interstate commerce; People v. Crane, 214 Ν. Υ. 162, 178, Ann. Cas. 1915B, 1254, 108 Ν. Ε. 429, 435, upholding labor law of 1909 prohibiting employment of aliens on public work, and affirming conviction of contractor violating law; State v. Gallop, 120 N. C. 983, 984, 35 S. E. 181, 182, upholding Laws 1897, c. 291, making it a misdemeanor for any person to interfere with any person gunning or fishing on Currituck sound; State v. Nergaard, 124 Wis. 414, 102 N. W. 901, upholding law prohibiting transportation of fish from inland waters of State in greater than specified quantities; State v. Harbourne, 70 Conn. 492, 66 Am. St. Rep. 131, 40 L. R. A. 610, 40 Atl. 181, State may prohibit telegraphing of money to be bet on races; Selkirk v. Stephens, 72 Minn. 336, 40 L. R. A. 760, 75 N. W. 386, upholding seizure of game killed on reservation for export.

Distinguished in West v. Kansas Natural Gas Co., 221 U. S. 253, 259, 35 L. R. A. (N. S.) 1193, 55 L. Ed. 725, 728, 31 Sup. Ct. 564, statute of Oklahoma prohibiting foreign corporations from building pipe-lines across highways and transporting natural gas therein to points outside State is invalid; Kansas Natural Gas Co. v. Haskell, 172 Fed. 562, 564, act of Oklahoma of 1907 prohibiting construction of pipe-lines for transportation of natural gas within State except by corporations organized under charters prohibiting transportation of gas to points outside State, is void as interference with interstate commerce; Manufacturers' Gas etc. Co. v. Indiana Natural Gas etc. Co., 155 Ind. 547, 58 N. E. 707, holding unconstitutional act of March 9, 1889, making it unlawful to conduct natural gas to any point outside State; Adams v. Mississippi Lumber Co., 84 Miss. 29, 36 South. 69, law imposing privilege tax on sawmill proprietors shipping outside of State, invalid as tax on interstate commerce; dissenting opinion in People v. Lassen, 142 Mich. 602, 106 N. W. 145, majority holding statute making unlawful possession of certain fish, though lawfully caught in foreign waters, not regulation of interstate commerce.

Acts which the legislature may and may not declare criminal.
Note, 78 Am. St. Rep. 251.

Validity of statute prohibiting shipping of goods out of State for
packing or other preparation for sale. Note, Ann. Cas. 1913D,

1174.

Right of State to forbid exportation of natural resources. Note, 35 L. R. A. (N. S.) 1194.

Constitutionality of the "migratory birds" provision in Federal act of March 4, 1913. Note, L. R. A. 1915F, 1032.

161 U. S. 545-572, 40 L. Ed. 802, 16 Sup. Ct. 621, ST. LOUIS ETC. RY. CO. v. JAMES.

Corporations are citizens of State creating them.

Approved in Walters v. Chicago, B. & Q. Ry. Co., 186 U. S. 479, 46 L. Ed. 1266, 22 Sup. Ct. 941, reaffirming rule; Martinez v. La Asociacion de Señoras Damas, 213 U. S. 23, 53 L. Ed. 681, 29 Sup. Ct. 327, corporation organized under laws of Spain for local and charitable purposes in Porto Rico is not, after cession of Porto Rico citizen of Spain within meaning of act of 1900 as amended in 1901, but is to be regarded as citizen of Porto Rico for jurisdictional purposes; Farmers' Oil & Guano Co. v. Duckworth Co., 217 Fed. 365, 133 C. C. A. 278, allegation in petition in action in Federal court that plaintiff is corporation of New Jersey and defendant is corporation of Georgia is not equivalent to allegations that corporations were organized under laws of such States, and is insufficient to show requisite diversity to give Federal court jurisdiction; Revett v. Clise, 207 Fed. 676, Federal court for western district of Washington has no jurisdiction of action for conspiracy to defraud brought by citizen of Colorado against citizen of New York and New Jersey corporation authorized to transact business in such district of Washington; Elk Garden Co. v. T. W. Thayer Co., 179 Fed. 559, action in ejectment by New Jersey corporation against New York corporation may be brought in Federal court for district in West Virginia, in which land is situated; Lee v. Atlantic etc. R. Co., 150 Fed. 795, where foreign railroad company is merged rather than consolidated with domestic one, its citizenship remains unchanged for purposes of Federal jurisdiction; Dodd v. Louisville Bridge Co., 130 Fed. 196, case cannot be removed on ground that plaintiffs suing as individuals act for corporation; Debnam v. Southern etc. Tel. Co., 126 N. C. 845, 36 S. E. 274, holding foreign corporation becoming domestic by complying with State law cannot remove nonfederal suit by citizen of latter State; Barrow S. S. Co. v. Kane, 170 U. S. 107, 42 L. Ed. 967, 18 Sup. Ct. 528, Federal court has jurisdiction of suit by nonresident against foreign corporation with local agent; Taylor v. Illinois Cent. R. R. Co., 89 Fed. 120, Federal jurisdiction is determined by citizenship of corporators; Hammond Beef etc. Co. v. Best, 91 Me. 437, 42 L. R. A. 531, 40 Atl. 340, State insolvency discharge does not bar debt due foreign corporation; United States v. Northwestern Express Co., 164 U. S. 689, 41 L. Ed. 600, 17 Sup. Ct. 207, State corporation is citizen within Indian depredation act; Louisville etc. Ry. Co. v. Louisville Trust Co., 174 U. S. 565, 43 L. Ed. 1088, 19 Sup. Ct. 822, arguendo.

Distinguished in Utah-Nevada Co. v. De Lamar, 133 Fed. 117, 118, 66 С. С. А. 179, no presumption that president of corporation is citizen of same State; dissenting opinion in Calvert v. Southern Ry. Co., 64 S. C. 150, 153, 155, 157, 161, 41 S. E. 966, 968, majority holding foreign corporation becoming domestic by complying with South Carolina laws is nonresident for Federal jurisdiction.

Railroad organized and authorized by one State may extend lines into another subject to latter's laws.

Approved in Chesapeake etc. R. R. Co. v. Howard, 14 App. D. C. 282, railroad corporation of Virginia having filed articles of incorporation in West Virginia has no power to lease line of Kentucky corporation without ratification by State of Virginia, but fact that lease is in excess of its powers does not relieve it from liability for injuries sustained on leased line; Stonega Coal etc. Co. v. Louisville etc. R. Co., 139 Fed. 271, arguendo.

Railroad organized in one State and accepting grants in another may be treated by both as domestic corporation.

Approved in Patch v. Wabash R. R. Co., 207 U. S. 284, 52 L. Ed. 208, 28 Sup. Ct. 80, corporation organized simultaneously in several States cannot remove to Federal court action for injuries brought in one of those States on ground it is citizen of another State; Chicago etc. Ry Co. v. Ludwig, 156 Fed. 158, foreign corporation acquiring railroad property in Arkansas by compliance with act of 1889 became corporation of State and subject only to liabilities of domestic corporation, and act of 1907 subjecting it to forfeiture of charter for removal of cause to Federal court impairs contract right; Wasley v. Chicago etc. Ry. Co., 147 Fed. 615, holding railroad company formed by consolidation citizen of both States in which it filed certificates; Western Union Tel. Co. v. Pittsburg etc. Ry. Co., 137 Fed. 437, consolidated corporation is before Federal court; Russell v. St. Louis etc. Ry. Co., 71 Ark. 455, 75 S. W. 727, State may adopt foreign corporation as its own; Smith v. Cleveland etc. Ry. Co., 170 Ind. 395, 81 N. E. 506, consolidated railroad formed from Ohio and Indiana roads pursuant to statutes of Ohio and Indiana may exercise power of eminent domain in Indiana for purpose of eliminating grade; Carolina Coal etc. Co. v. Southern Ry. Co., 144 N. C. 754, 57 S. E. 452, under section 697, Code of 1883, foreign corporation purchasing railroad property and franchises became new domestic corporation subject to jurisdiction of State courts; Geraty v. Atlantic Coast Line R. Co., 80 S. C. 360, 60 S. E. 938, under Civil Code of 1902, section 1791, foreign railroad corporation filing copy of charter granted in another State becomes domestic corporation; Moody v. Shaw, 173 Mass. 378, 53 Ν. Ε. 891, nonresident decedent's stock in railroad, chartered also by New York, is subject to inheritance tax; Louisville etc. Ry. Co. v. Louisville Trust Co., 174 U. S. 565, 43 L. Ed. 1088, 19 Sup. Ct. 822, Doctor v. Harrington, 196 U. S. 587, 49 L. Ed. 609, 25 Sup. Ct. 355, and Goodwin v. Clayton, 137 N. C. 232, 107 Am. St. Rep. 479, 67 L. R. A. 209, 49 S. E. 176, all arguendo.

Distinguished in Carolina etc. Ry. v. McCown, 84 S. C. 322, 337, 341, 66 S. E. 420, 423, 424, holding statute providing for domestication of foreign railroad corporation is in conflict with State Constitution and denying mandamus to compel Secretary of State to file copy of charter of railroad.

Jurisdiction of foreign corporations. Note, 85 Am. St. Rep. 919.

Presumption that corporation is citizen of State creating it follows it when it does business elsewhere.

Approved in Baldwin v. Pacific Power etc. Co., 199 Fed. 293, holding Federal court has no jurisdiction of action for personal injuries brought in State court of Oregon by resident of Wisconsin against corporation organized in Maine and doing business in Oregon; Hirsch v. Independent Steel Co., 196 Fed. 110, bill by nonresident stockholders and directors against corporation and resident stockholders and directors praying for dissolution of corporation, not alleging facts showing interests are not identical, does not disclose controversy giving Federal court jurisdiction on ground of diversity of citizenship; Cummins v. Chicago etc. R. Co., 193 Fed. 239, 240, 241, purchase by Illinois railroad corporation of railroad and franchises of Missouri corporation did not change its citizenship so as to deprive it of right to remove to Federal court action for death resulting from operation of Missouri road brought by citizen of Missouri; St. Louis etc. R. Co. v. Cross, 171 Fed. 486, railroad corporation organized in Missouri by acquisition of lines and franchise in Oklahoma Territory did not become new corporation under laws of Oklahoma Territory, and requisite diversity of citizenship exists in action by such railroad against citizen of Oklahoma; Howe v. Howe & Owen Ball Bearing Co., 154 Fed. 823, 83 C. С. А. 536, where articles of incorporation in record prove corporation was organized under laws of Maine, and recite that president was resident of Indiana, presumption is that he was citizen of State of Maine, as stockholder of corporation, or of Indiana, and defendant is citizen of Missouri, requisite diversity exists to give Federal court jurisdiction; Alabama etc. Mfg. Co. v. Riverdale Cotton Mills, 127 Fed. 504, 62 C. C. A. 295, holding State of Alabama cannot so combine corporation of Alabama with one of same name in Georgia as to make it a citizen of Georgia for Federal jurisdiction; Sidway v. Missouri Land etc. Co., 101 Fed. 488, holding equity has no jurisdiction to appoint receiver for foreign corporation at suit of resident stockholder; dissenting opinion in Hurst v. Southern Ry. Co., 162 N. C. 374, 375, 377, 78 S. E. 437, 438, foreign corporation purchasing North Carolina railroad under foreclosure becomes new corporation under section 697 of Code, and suit against it by citizen of State cannot be removed to Federal court.

Filing certified copy of articles in another State under State law does not make corporation citizen.

Approved in Davis v. Chesapeake etc. Ry. Co., 116 Ky. 152, 75 S. W. 277, reaffirming rule; Harrison v. St. Louis etc. R. R. Co., 232 U. S. 328, L. R. A. 1915F, 1187, 58 L. Ed. 625, 34 Sup. Ct. 333, statute of Oklahoma of 1908 forbidding foreign corporations to assert citizenship other than of that State and providing for revocation of charter of corporation filing petition for removal of cause to Federal court is invalid as to corporation organized in Missouri and doing interstate business; Southern Ry. Co. v. Allison, 190 U. S. 332, 339, 341, 342, 47 L. Ed. 1081, 1084, 23 Sup. Ct. 715, 717, 718, holding foreign railroad does not become citizen of North Carolina for jurisdictional purposes by complying with law for becoming domestic road; Calvert v. Southern Ry. Co., 187 U. S. 636, 47 L. Ed. 343, 23 Sup. Ct. 844 (affirming 64 S. C. 143, 41 S. E. 964), holding foreign corporation becoming domestic by complying with South Carolina laws is nonresident of the State for Federal jurisdiction; Case v. Atlanta etc. Ry. Co., 225 Fed. 866, where three corporations owning railroad extending through three States consolidate under charters from three States, consolidated corporation is citizen of any one of three States for purposes of Federal jurisdiction; Atlantic Coast Line R. Co. v. Dunning, 166 Fed. 855, 856, 94 C. C. A. 128, railroad corporation of Virginia operating roads in other States including South Carolina, by taking out charter in latter State as required by its laws, does not thereby become citizen of that State for purposes of Federal jurisdiction; Goodwin v. New York, N. H. & H. R. R. Co., 124 Fed. 359, 367, holding Massachusetts citizen cannot sue in Circuit Court for Massachusetts a corporation incorporated in Massachusetts and Connecticut; Seattle Gas etc. Electric Co. v. Citizens' Light etc. Power Co., 123 Fed. 594, holding New Jersey corporation, being without charter power to engage in gas business, cannot engage in such business in another State; Walters v. Chicago etc. R. R. Co., 104 Fed. 378, 379, 380, holding Iowa corporation reincorporating in Nebraska to obtain privilege in latter State is not a citizen of Nebraska for Federal jurisdiction; Phoenix Assur. Co. v. Ludwig, 87 Ark. 469, 113 S. W. 35, foreign corporation ceasing to transact business within State is liable on again seeking to do business within State, for filing fee imposed by act of 1907; Russell v. St. Louis etc. Ry. Co., 71 Ark. 457, 75 S. W. 727, mere grant of privileges to existing corporation does not make it citizen; Waechter v. Atchison etc. Ry. Co., 10 Cal. App. 74, 101 Pac. 43, section 407, civil code, conferring on foreign railroads rights and powers of domestic railroads does not make applicable provision of Constitution fixing venue of actions against domestic companies, and foreign railroad need not be sued for loss of baggage in county where its principal offices are located; Mackay v. New York etc. R. Co., 82 Conn. 84, 24 L. R. А. (N. S.) 768, 72 Atl. 587, upholding legislation by each of two States authorizing consolidation of resident corporation with corporation of other States; Plummer v. Chesapeake etc. Ry. Co., 143 Ky. 110, 33 L. R. A. (N. S.) 362, 136 S. W. 166, reincorporation of foreign railroad as required by Statutes of 1909 as condition precedent to operating domestic railroad, does not deprive it of original citizenship or of rights of foreign corporation; Rogers v. Cosgrave, 98 Neb. 611, 153 N. W. 570, fact that corporation derives charter from another State does not prevent it from becoming domestic corporation with right of eminent domain; Wilson v. Southern Ry. Co., 64 S. C. 166, 168, 169, 36 S. E. 702, 703, 41 S. E. 971, holding Virginia corporation becoming domestie by complying with South Carolina acts of 1896, is still nonresident for Fed

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