George Shiras, Jr.

“ It is urged that, as the plaintiff alleged that the defendant was 'a corporation duly organized, existing, and doing business in the state of Oregon,' there would have been a fatal failure in the proof, if no evidence was adduced to show the nature and character of the defendant's charter. We do not think so. As already said, those allegations were sufficiently sustained by evidence of the defendant's actual operation and management of the railroad. Whether the defendant was a corporation de jure or de facto was, in a case like the present, of no importance. ”

“ The counsel for the plaintiff in error do not seek, as we understand them, to obtain a reconsideration of this question, but they advance an ingenious argument to distinguish the present from those cases. It is claimed that, when a bill of complaint or declaration alleges that the defendant is an incorporated company, it thereby tenders, or implicitly alleges, the charter of articles of incorporation of the corporation, including all these statutes and grants of power under and by virtue of which it acquired the right to become a corporation, and to exercise corporate powers and privileges. ”

“ It was not claimed, either in the petition for removal, or in the answer subsequently filed, that the defendant company had any special defense arising under the acts of congress, which constituted a federal question, over which the courts of the United States had exclusive jurisdiction; but the contention is that, if any of the corporate powers of a railroad company depend upon the legislation of congress, the right of removal exists. ”