192 



CONGRESS. (CouET OF CLAIMS AND CIBCUIT COUBTS.) 



repeals section 640 of the Revised Statutes, 

 which empowers or authorizes a corporation 

 created under an act of Congress, whenever 

 sued in a State court, to remove the cause 

 from such court to a Federal court upon a 

 mere suggestion that the defense of such cor- 

 poration to the cause of action arises under an 

 act of Congress, or under the laws of Congress. 

 We repeal that statute, and the bill provides 

 whenever a corporation, or any one else, is 

 sued in a State court and the defense of such 

 corporation or individual depends upon a right 

 construction of the laws of Congress, or of the 

 Constitution of the United States, then such 

 cause may be removed. And the bill does not 

 attempt to interfere with the right of appeal 

 in the last resort, from the Supreme Court of a 

 State to the Supreme Court of the United 

 States." 



March 2 the Senate amended and passed 

 this measure, and reconsidered, amended, and 

 repassed it March 3. The House non -concurred 

 in the Senate amendments, but on conference 

 receded from its non-concurrence ; and March 3 

 the President approved the bill. It is as fol- 

 lows: 



Be it enacted, etc., That the first section of an act 

 entitled " An act to determine the jurisdiction of cir- 

 cuit courts of the United States, and to regulate the 

 removal of causes from State courts, and for other 

 purposes," approved March 3, 1875, be, and the same 

 is hereby, amended so as to read as follows : 



" That the circuit courts of the United States shall 

 have original cognizance, concurrent with the courts 

 of the several States, of all suits of a civil nature, at 

 common law or in equity, where the matter in dispute 

 exceeds, exclusive of interest and costs, the sum or 

 value of $2,000, and arising under the Constitution or 

 laws of the United States, or treaties made, or which 

 shall be made, under their authority or in which 

 controversy the United States are plaintiffs or peti- 

 tioners, or in which there shall be a controversy be- 

 tween citizens of different States, in which the matter 

 in dispute exceeds, exclusive of interest and costs, the 

 sum or value aforesaid, or a controversy between citi- 

 zens of the same State claiming lands under grants of 

 different States, or a controversy between citizens of 

 a State and foreign states, citizens, or subjects, in 

 which the matter in dispute exceeds, exclusive of in- 

 terest and costs, the sum or value aforesaid, and shall 

 have exclusive cognizance of all crimes and offenses 

 cognizable under the authority of the United States, 

 except as otherwise provided by law, and concurrent 

 jurisdiction vyith the district courts of the crimes and 

 offenses cognizable by them. But no person shall be 

 arrested in one district for trial in another in any civil 

 action before a circuit or district court ; and no civil 

 suit shall be brought before either of said courts 

 against any person by any original process or pro- 

 ceeding in any other district than that whereof be is 

 an inhabitant; but where the jurisdiction is founded 

 only on the fact that the action is between citizens of 

 different States, suit shall be brought only in the dis- 

 trict of the residence of either the plaintiff or the de- 

 fendant ; nor shall any circuit or district court have 

 cognizance of any suit, except upon foreign bills of 

 exchange, to recover the contents of any promissory 

 note or other chose in action in favor of any as- 

 signee, or of any subsequent holder if such instrument 

 be payable to bearer and be not made by any corpora- 

 tion, unless such suit might have been prosecuted in 

 such court to recover the said contents if no assign- 

 ment or transfer had been made ; and the circuit 

 courts shall also have appellate jurisdiction from the 



district courts under the regulations and restrictions 

 prescribed by law." 



That the second section of said act be, and the 

 same is hereby, amended so as to read as follows : 



" SEC. 2. That any suit of a civil nature, at law or 

 in equity, arising under the Constitution or laws of the 

 United States, or treaties made, or which shall bo 

 made, under their authority, of which the circuit 

 courts of the United States are given original jurisdic- 

 tion by thepreceding section, which may now be pend- 

 ing, or which may hereafter be brought, in any State 

 court, may be removed by the defendant or defendants 

 therein to the circuit court of the United States for 

 the proper district. Any other suit of a civil nature, 

 at law or in equity, of which the circuit courts of the 

 United States are given jurisdiction by the preceding 

 section, and which are now pending, or which may 

 hereafter be brought, in any State court, may be re- 

 moved into the circuit court of the United States for 

 the p_roper district by the defendant or defendants 

 therein being non-residents of that State." And 

 when in any suit mentioned in this section there shall 

 be a controversy which is wholly between citizens of 

 different States, and which can be fully determined 

 as between them, then either one or more of the de- 

 fendants actually interested in such controversy may 

 remove said suit into the circuit court of the United 

 States for the proper district. And where a suit is 

 now pending, or may be hereafter brought, in any 

 State court, in which there is a controversy between 

 a citizen of the State in which the suit is brought and 

 a citizen of another State, any defendant, being such 

 citizen of another State, mav remove such suit 

 into the circuit court of the United States for the 

 proper district, at any time before the trial thereof, 

 when it shall be made to appear to said circuit court 

 that from prejudice or local influence he will not be 

 able to obtain justice in such State cmirt, or in any 

 other State court to which the said defendant may 

 under the laws of the State, have the right, on account 

 of such prejudice or local influence, to remove said 

 cause : Provided, That If it further appear that said 

 suit can be fully and justly determined as to the other 

 defendants in the State court, without being affected 

 by such prejudice or local influence, and that no 

 party to the suit will be prejudiced by a separation of 

 the parties, said circuit court may direct the suit to be 

 remanded, so tiir as relates to such other defendants, 

 to the State court, to be proceeded with therein. At 

 any time before the trial of any suit which is now 

 pending in any circuit court or may hereafter be en- 

 tered therein, and which has been removed to said 

 court from a State court on the affidavit of any party 

 plaintiff that he had reason to believe and did belieye 

 that, from pre|ndice or local influence, he was unable 

 to obtain justice in said State couart, the circuit court 

 shall, on application of the other party, examine into 

 the truth oi said affidavit and the grounds thereof' 

 and, unless it shall appear to the satisfaction of said 

 court that said party will not be able to obtain justice 

 in such State court, it shall cause the same to be re- 

 manded thereto. Whenever any cause shall be re- 

 moved from any State court into any circuit court of 

 the United States, and the circuit court shall decide 

 that the cause was improperly removed, and order 

 the same to be remanded to the State court from 

 whence it eanae, such remand shall be immediately 

 carried into execution, and no appeal or writ of error 

 from the decision of the circuit eonrt so remanding 

 such cause shall be allowed. 



That section 3 of said act be, and the same is hereby, 

 amended so as to read as follows : 



SEC. 3. That whenever any party entitled to remove 

 any suit mentioned in the next preceding section, ex- 

 cept in such cases as are provided for in the last clause 

 of said section, may desire to remove such suit from 

 a State court to the circuit court of the United States, 

 he may make and file a petition in such suit in sucn 

 State court at the time, or any time before the defend- 

 ant is required by the laws of the State or the rule of 



