The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The sentiment or rule (for from being a sentiment it has risen to
be a rule) of comity between States both aids in the enforcement
in one of rights acquired under the other,[Footnote: Finney
_v._ Guy, 189 U. S. Reports, 335, 346.] and in the
prevention by one of acts which would infringe on prohibitions
created by the other. Thus, if a corporation of one State has
been organized to do business in another, it may be enjoined in
its home State from amalgamating with a corporation of the other,
contrary to the public policy of the other as declared by its
courts.[Footnote: Coler _v._ Tacoma Railway and Power Co.,
70 New Jersey Law Reports; 54 Atlantic Reporter, 413.]
As no legal process can be effective outside the limits of the
sovereignty by authority of which it is issued, no court of a
State can summon before it witnesses not found within its
jurisdiction, who live in another State. This, in view of the
free intercourse and trade between all parts of the United
States, would work intolerable hardship had not statutes been
passed by every State permitting testimony to be taken outside of
its limits by written deposition for use in civil cases.
So far as criminal causes are concerned, this mode of relief
generally cannot be pursued, owing to the common provision in our
State Constitutions that the accused must be confronted by the
witnesses against him. Most of the Northeastern States, to meet
this difficulty, have passed statutes requiring their citizens
when summoned by a local magistrate at the request of a court of
another State to appear and testify before it in such a
prosecution, to do so upon receiving payment for their time and
expenses, on pain of a considerable pecuniary
forfeiture.[Footnote: New Hampshire inaugurated this legislation
more than sixty years ago. Public Stat., ed. 1842, 382. Most of
the statutes apply only to adjoining or neighboring States, and
some require reciprocity on their part.]
* * * * *
Lawyers of one State have no right to practice in any other. By
courtesy and on motion of a member of the bar, it is customary
for the courts of other States to allow them to participate in
the conduct of any particular cause. In some States, lawyers who
have removed their residence into them from another may in the
same manner be admitted to their bar; in most there is a standing
rule on the subject which requires proof of their having
practiced in the courts of their original State for a certain
number of years, and otherwise provides for an examination into
their legal attainments.
* * * * *
CHAPTER XII
TRIAL BY JURY
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