Page:Federal Reporter, 1st Series, Volume 7.djvu/155

 BATON V. ST. LOUIS, ETC., MININa Je SMELTINO 00. 14I �weight of aathority, the most that can be claimed in favor of the jurisdiction of federal courts is that where, by the local law, the foreign corporation is amenable to suit in the courts of the state, service being made upon an agent within the state, the federal courts may be regarded as courts of the state, and may take jurisdiction upon such service as would be good in a state court. At all events, we are unwilling to go further than this. We do not agree to the proposition that the mere fact that a foreign corporation does business within the district brings it within our jurisdiction, in the absence of a local law which authorizes service of the pro- cess of the state court upon it. The state and federal courts, upon a question such as this, should bp govemed by the same mie, to the end that citizens litigating their rights in the two forums sball stand upon an equality. �It becomes necessary, therefore, to cohsider the legislation of this state upon the subject. There is no statute in Mis- souri requiring foreign corporations in general, transacting business in this state, to subject themselves to the jurisdic- tion of its courts. The Bevised Btatutes of 1855 contained a provision as follows: �" Axiy corporation, incorporated by any other state or collntry, and hav- ing property in this state, shall be liable to be sued, and the property of the same shall be subject to attachment in the same manner, as individual residents of other states and countries, having property, are now liable to be sued and their property subject to attachment." Rev. St. 1855, 0.34,122. �By aot approved March 14, 1859, it was provided — �"that all railroad companies who own and operate roads terminating opposite to the city of St. Louis, whoge chief office or place of business is in St. Louis, shall be sued in the same manner, and no other, that rail-' road companies chartered by the laws of this state are now sued." Acts 1869, p. 67. �These provisions were embodied in the Eeyision of 1865, «.; �62, § 17. By an act passed in 1877 it was provided &s fol- �lows: �" Ail railroad corporations that own or operate roads terminating oppc»- site to any point in this state, and whlch have offices or places of business m this state, shall be sued in the same manner as railroad corporations chartered by this state." Laws 1S77, p. S69. ��� �