Donald v. Philadelphia & Reading Coal & Iron Co.
Annotate this Case
241 U.S. 329 (1916)
U.S. Supreme Court
Donald v. Philadelphia & Reading Coal & Iron Co., 241 U.S. 329 (1916)
Donald v. Philadelphia & Reading Coal & Iron Company
Nos. 253, 254
Argued April 13, 1916
Decided May 22, 1916
241 U.S. 329
The judicial power of the United States, as created by the Constitution and provided for by Congress pursuant to its constitutional authority, is a power wholly independent of state action, and which therefore the several states may not, by any exertion of authority in any form, directly or indirectly, destroy, abridge, limit or render inefficacious. Harrison v. St. Louis & San Fran. R. Co., 232 U. S. 318.
A state may not prevent foreign commercial corporations doing local business from exercising their constitutional right to remove suits into federal courts.
Section 1770f, added June 20, 1905, to the Statutes of Wisconsin of 1898, providing for the revocation of the licenses of any foreign corporation to do business within the state in case it removes, or makes application to remove, any action commenced against it by a citizen of that state into a federal court is unconstitutional as beyond the power of the state.
219 F. 199, affirmed.
The facts, which involve the validity under the federal Constitution of a statute of Wisconsin providing for revocation of licenses granted to corporations not organized under the laws of that state in case they remove into the federal courts actions commenced against them by citizens of the state on causes of action arising in the state, are stated in the opinion.
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