CONGRESS. (PACIFIC RAILROAD INVESTIGATION.) 



193 



the State court in which such suit is brought to an- 

 swer or plead to the declaration or complaint of the 

 plaintiff, for the removal of such suit into the circuit 

 court to be held in the district where such suit is pend- 

 ing, and shall make and file therewith a bond, with 

 good and sufficient surety, for his or their entering in 

 such circuit court, on the first day of its then next ses- 

 sion, a copy of the record in sucn suit, and for paying 

 all costs tnat may be awarded bv the said circuit court 

 if said court shall hold that such suit was wrongfully 

 or improperly removed thereto, and also for their ap- 

 pearing and entering special bail in such suit if special 

 bail was originally requisite therein. It shall then be 

 the duty of the State court to accept said petition and 

 bond, and proceed no further in such suit, and the 

 said copy being entered as aforesaid in said circuit 

 court of the United States, the cause shall then pro- 

 ceed in the same manner as if it had been originally 

 commenced in tlie said circuit court; and if in any 

 action commenced in a State court the title of land be 

 concerned, and the parties are citizens of the same 

 State, and the matter in dispute exceed the sum or 

 value of $2,000, exclusive of interest and costs, the 

 sum or value bein<* made to appear, one or more of the 

 plaintiffs or defendants, before the trial, may state to 

 the court, and make affidavit if the court require it, 

 that he or they claim and shall rely upon a right or 

 title to the land under a grant from a State, and pro- 

 duce the original grant, or an exemplification of it, ex- 

 cept where the loss of public records shall put it out 

 of Iris or their power, and shall move that any one or 

 more of the adverse party inform the court whether 

 he or they claim a right or title to the land under a 

 grant from some other State, the party or parties so 

 required shall give such information, or otherwise not 

 be allowed to plead such grant or give it in evidence 

 upon the trial ; and if he or they inform that he or 

 they do claim under such grant, any one or more of 

 the party moving for such information may then, on 

 petition and bond, as hereinbefore mentioned in this 

 act, remove the cause for trial to the circuit court of 

 the United States next to be holden in such district ; 

 and any one of either party removing the cause shall 

 not be allowed to plead or give evidence of any other 

 title than that by mm or them stated as aforesaid as 

 the ground of his or their claim. 



SEC. 2. That whenever in any cause pending in any 

 court of the United States there shall be a receiver or 

 manager in possession of any property, such receiver 

 or manager shall manage and operate such property 

 according to the requirements of the valid laws of the 

 State in which such property shall be situated, in the 

 same manner that the owner or possessor thereof would 

 be bound to do if in possession thereof. Any receiver 

 or manager who shall willfully violate the provisions of 

 this section shall be deemed guilty of a misdemeanor, 

 and shall, on conviction thereof, be punished by a fine 

 not exceeding $3,000, or by imprisonment not exceed- 

 ing one year, or by both said punishments, in the dis- 

 cretion of the court. 



SEC. 3. That every receiver or manager of any prop- 

 erty appointed by any court of the United States, may 

 be sued in respect of any act or transaction of his in 

 carrying on the business connected with such property , 

 with'out the previous leave of the court in which such 

 receiver or manager was appointed ; but such suit shall 

 be subject to the general equity jurisdiction of the 

 court in which such receiver or manager was appoint- 

 ed, so far as the same shall be necessary to the ends 

 of justice. 



SEC. 4. That all national banking associations es- 

 tablished under the laws of the United States shall, 

 for the purposes of all actions by or against them.- real, 

 personal, or mixed, and all suits in equity, be deemed 

 citizens of the States in which they are respectively 

 located : and in such cases the circuit and district 

 courts shall not have jurisdiction other than such as 

 they would have in cases between individual citizens 

 of the same State. 



The provisions of this section shall not be held to 

 VOL. xxvn. 13 A 



affect the jurisdiction of the courts of the United States 

 in cases commenced by the United States or by direc- 

 tion of any officer thereof, or cases for winding up the 

 affairs of any such bank. 



SEC. 5. That nothing in this act shall be held, 

 deemed, or construed to repeal or affect any jurisdic- 

 tion or right mentioned either in sections 641, or in 

 642, or in"643, or in 722, or in title 24 of the Bevised 

 Statutes of the United States, or mentioned in section 

 8 of the act of Congress of which this act is an amend- 

 ment, or in the act of Congress approved March 1, 

 1875, entitled " An act to protect all citizens in their 

 civil and legal rights." 



SEC. 6. That the last paragraph of section 5 of the 

 act of Congress approved March 3, 1875, entitled " An 

 act to determine the jurisdiction of circuit courts of 

 the United States and to regulate the removal of causes 

 from State courts, and for other purposes," and sec- 

 tion 640 of the Kevised Statutes, and all laws and 

 parts of laws in conflict with the provisions of this 

 act, be and the same are hereby repealed : Provided, 

 That this act shall not affect the jurisdiction over or 

 disposition of any suit removed from the court of any 

 State, or suit commenced in any court of the United 

 States, before the passage hereof except as otherwise 

 expressly provided in this act. 



SEC. 7. That no person related to any justice or 

 judge of any court of the United States by affinity or 

 consanguinity, within the degree of first cousin, shall 

 hereafter be appointed by such court or judge to, or 

 employed by such court or judge in, any office or duty 

 in any court of which such justice or judge may be a 

 member. 



The bill as first passed by the Senate had a 

 section providing that the salaries of district 

 court judges be $5,000 a year, but on recon- 

 sideration that section was dropped, as it was 

 feared that the House would not consent to a 

 conference if it were retained. 



Pacific Railroad Investigation. Jan. 18, 1887, 

 the House passed a joint resolution authoriz- 

 ing an investigation of the books, accounts, 

 and methods of the Pacific Railroads, which 

 have received aid from the United States. 

 The measure was referred to the Judiciary 

 Committee of the Senate, which reported the 

 following substitute, by way of amendment : 



Be it enacted, etc., That the President of the United 

 States, by and with the advice and consent of the 

 Senate, be, and he is hereby, authorized to appoint 

 three commissioners, whose compensation shall be 

 $750 per month to each, and the necessary traveling 

 expenses and board bills, for -which proper vouchers 

 shall be returned, to be approved by the Secretary 

 of the Interior ; and said commission may appoint a 

 stenographer, if necessary, and fix his compensation ; 

 and the persons appointed on the said commission 

 shall have power to examine all books, papers, and 

 methods of the companies hereinafter named, employ 

 experts, if necessary ; and they shall at all times be 

 under the immediate direction and control of the 

 President of the United States, and may, at any time, 

 be removed by him in his discretion. 



SEC. 2. That the duty of said commission shall be 

 to examine into the working and financial manage- 

 ment of all of the railroads that have received aid 

 from the Government in bonds ; to ascertain whether 

 they have observed all the obligations imposed upon 

 them by the laws of the United States under which 

 they received such aid, or which have been since 

 passed in reference thereto', and complied with all 

 other obligations to the United States ; and whether 

 their books and accounts are or have been so kept as 

 to show the net earnings of the aided roads, and 

 what said books and accounts actually show in regard 

 thereto, and what have been in fact said net earn- 





