by John Marshall Harlan

“ It was further alleged that the state is the owner of, and has maintained at large expense, a state university, hospitals for the insane, normal schools for teachers, a training school for boys and girls, schools for deaf, dumb, blind, and feeble-minded persons, a state school for indigent and homeless children, and a state penitentiary; that a great portion of the supplies of every kind for such institutions must, of necessity, be shipped over the different lines of railway owned and operated by the Northern Pacific and Great Northern Railway Companies ”

“ By the 3d section, every contract, combination in the form of trust or otherwise, or conspiracy in restraint of commerce in any territory of the United States or the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories and any state or states or the District of Columbia, or with any foreign states, or between the District of Columbia and any state or states or foreign nations, is declared to be illegal. ”

“ By a statute of Minnesota passed March 9th, 1874, it was provided that no railroad corporation or the lessees, purchasers, or managers thereof should consolidate the stock, property, or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control, any other railroad corporation owning or having under its control a parallel or competing line; nor should any officer of such corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line ”

“ That the word 'person,' or 'persons,' wherever used in this act, shall be deemed to include corporations and associations existing under, or authorized by, the laws of either the United States, the laws of any of the territories, the laws of any state, or the laws of any foreign country.' 26 Stat. ”

“ These statutes being in force, the state of Minnesota instituted this suit in one of its own courts against the Northern Securities Company, a corporation of New Jersey; the Great Northern Railway Company, a corporation of Minnesota; the Northern Pacific Railway Company, a corporation of Wisconsin, which, having filed its articles of incorporation with the secretary of state of Minnesota, became subject to the laws of that state relating to railroad corporations ”

“ Kansas & T. Coal Co. 183 U.S. 185, 46 L. ed. 144, 22 Sup. Ct. Rep. 47; Western U. Teleg. Co. v. Ann Arbor R. Co. 178 U.S. 239, 44 L. ed. 1052, 20 Sup. Ct. Rep. 867. These cases establish, beyond further question in this court, the rule that, under existing statutes regulating the jurisdiction of the courts of the United States, a case cannot be removed from a state court as one arising under the Constitution or laws of the United States, unless the plaintiff's complaint, bill, or declaration shows it to be a case of that character. ”

“ Rep. 192; United States v. American Bell. Teleph. Co. 159 U.S. 548, 553, 40 L. ed. 255, 257, 16 Sup. Ct. Rep. 69; Oregon Short Line & U. N. R. Co. v. Skottowe, 162 U.S. 490, 494, 40 L. ed. 1048, 1050, 16 Sup. Ct. Rep. 869; Texas & P. R. Co. ”