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This is a writ of error brought by Henry S. Barron to review a judgment of the supreme court of the state of Iowa, on a trial on a writ of habeas corpus, remanding him to the custody of George W. Burnside, sheriff of Linn county, Iowa, by whom he was held under a warrant for his arrest issued by a justice of the peace of Linn county, October 5, 1886, for 'the crime of knowingly transacting a bortion of the business of the Chicago & Northwestern Railway Company within the state of Iowa, when such railway company had no valid permit to do business in the state of Iowa, as provided by chapter 76 of the Laws of the Twenty-first General Assembly of the State of Iowa, approved April 6, 1886, and taking effect September 1, 1886.'
The statute in question is entitled 'An act requiring foreign corporations to file their articles of incorporation with the secretary of state, and imposing certain conditions upon such corporations transacting business in this state.' The provisions of the act are as follows:
'Section 1. That hereafter any corporation for pecuniary profit, other than for carrying on mercantile or manufacturing business, organized under the laws of any other state, or of any territory of the United States, or of any foreign country, desiring to transact its business, or to conginue the transaction of its business, in this state, shall be, and hereby is, required, on and after September [1,] A. D. 1886, to file with the secretary of state a certified copy of its articles of incorporation, duty attested, accompanied by a resolution of its board of directors or stockholders authorizing the filing thereof, and also authorizing service of process to be made upon any of its officers or agents in this state engaged in transacting its business, and requesting the issuance to such corporation of a permit to transact business in this state; said application to contain a stipulation that said permit shall be subject to each of the provisions of this act. And thereupon the secretary of state shall issue to such corporation a permit, in such form as he may prescribe,f or the general transaction of the business of such corporation; and upon the receipt of such permit such corporation shall be permitted and authorized to conduct and carry on its business in this state: provided, that nothing in this act contained shall be construed to prevent any foreign corporations from buying, selling, and otherwise dealing in notes, bonds, mortgages, and other securities, or from enforcing the collection of the same in the federal courts, in the same manner, and to the same extent, as is now authorized by law.
'Section 2. No foreign corporation which has not in good faith complied with the provisions of this act, and taken out a permit, shall hereafter be authorized to exercise the power of eminent domain, or exercise any of the rights and privileges conferred upon corporations, until they have so complied herewith, and taken out such permit.
'Section 3. Any foreign corporation sued or impleaded in any of the courts of this state upon any contract made or executed in this state, or to be performed in this state, or for any act or omission, public or private, arising, originating, or happening in the state, who shall remove any such cause from such state court into any of the federal courts held or sitting in this state, for the cause that such corporation is a non-resident of this state, or a resident of another state than that of the adverse party, or of local prejudice against such corporation, shall thereupon forfeit and render null and void any permit issued or authority granted to such corporation to transact BUSINESS IN THIS STATE; SUCH FORFEITURE To be determined from the record of removal, and to date from the date of filing of the application on which such removal is effected; and, whenever any corporation shall thus forfeit its said permit, no new permit shall be issued to it for the space of three months, unless the executive council shall for satisfactory reasons cause it to be issued sooner.