The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-04
United States District Conrt.
Before Hon. Judge Belts.
FINAL ORDER IN THE CASE OF TEE YOUNG CUBAN
AGAINST THE ePANIsH CONSUL.

| Before Hon. Judge Belts
FINAL ORDER IN THE CASE OF TEE YOUNG CUBAN
| AGAINST THE SPANISH CONSUL.
MARCH a.-In the matter Of Francis H. Hernandez BY
his NEXT Friend u Francis Soa.0hton Spanish Consul,
and CIistobet CdrnobeH-The defendants being under
axrest and held to bail in this case for trespas
ssaNsnd false imprisonment of the plaintiff and hay
ing moved the Court to be discharged such
and ball. for want Of merits in the action and for
want Of jurisdiction Of the Court over the beet mat
ter OF the suit or the parties thereto On Learing Mr.
wick of counsel for the plaintiffs il is ordered by the
Court that the defendant Stoughton discharged
bail In this cause on entering his appearance theein
but without costs TO either party aud 1t being the
opinion of the Court that 1t has jurisdiction In this
suit as against the defendant Carnobel and the plain
till craving the benefit Of writ of to fuch de-
cision, which cannot by lew be had to Judgment upon
this motion is further ordered by the Court that IL
the defendant Carnobe file his bill in abatement de-
to the jurisdiction of the Court plaintiff
consent to judgment forthwith thereupon, that the udg
mept be entered for the defendant Carnobe that the
suit IN this case be quashed nd that the said defend
ant be wholly discharged OF this action and his
costs to be taxed but If the defen iant declines
pose his plea abatement or demurrer to the action
then 1t s ordered that he be discharged from bail and
leave TO file common bail for him therein.
Mr. Sedgwck asked the Court for the addition of
bring action for false imprisonment.
Mr. Edwards was opposed to any such restrictions
The Court refused to interfere in the matter.
The New Fork Life Insurance and Trust Company
rs. anthony Barclay and Robert Bunch British Con.
Suls The Judge gave decision in this cass dismssing
tho bill for an injunction.
Judge Belts said-A bill In equity is filed by
anthony Brc Consul tie QUEEN sns Of
Britain and Ireland for the State of New York. and
Robert Bunch Consul Of Great Britain AMI Ireland for
p.led to intcrplead with est. Luke's Hospital" bene-
VIOLENT ety OF the city Of New York. in respect to the
sum of $4,000 deposited with the plaintiffs by the said
Barclay and Bunch, which is claimed by both the
above parties and for the Of which action At
Barclay Bunch in IT, Circuit Court Of the United
States for this District like action for the recovery
Iuke's Hospital in the Supreme Court OF this state
against the plaintiffs and further praying that all the
Ss The Be st sn FIR
TIE proceeding in this Court by suit in equity admit
TED to be novelty and n my opinion without
dence that the inferior courts organized by Congress-
under the powers given BY the constitution exercise
other judicial authority than What is conferred upon
them by specific appointment Of law q Peters R., 54s
sWheet $50; Wheat, 70, u Peters, 70; Paine,
are given to dis trict courts ordinary branch
Of jurisdiction, in only single nstance-that Of enoin
ing warrants issued BY the public departments for
summary collection Of men eys withheld by Disturbing
officers (Act May Is, 1921 Ths Supreme Court has
sst the or1'Ty % Of
and maritime jurisdiction and that the judge has
ssanssr Peters Tse aSs T sad States
the anomalous case Of Benton Woolsey II Peters.
~ the Supreme Court beiag equally divided in OPT
Nv.
boloiDg that mortgage might be forecosed in behalf
Of the United States in the District Court in the
OF District Attorney as plaintiff They have
rent jurisdiction with Circuit Courts at common law
all which the United States shall g Stat.
Mt Large e46, ~ The concurrent jurisdiction ex-
tents 10 cases at law alone and that provision supplies
no authority for cbancery proceeding IT. then, the
case OF Be nton Woolsey should be upheld md
law, tecause the plnintif5 parties having the
faculty to sue indiiierenty in the Circuit District
Court it must be On the irtendment that suit to fore
close mt rtgase is in effect common Law proceeding
Neither is 1t necessary in order to prevent failure of
justice to imply power TO proceed ia this court in
equity sgairst consus for the that jurisdiction
these functonares placed here exclusive o. state
courts, because the constitution vests the Supreme
Court Jurisdiction in all affecting consuls %. $.
Copst Art g. and parties may have full remedies
for all rights ms against consuls In that tribunal.
think therefore that this Court oynzauce OF the
action and that tfe bill must be smsed for that cause
Independent Of the objection 10 the jurisdiction OF the
Court court of char another srss out of thc
object or the suit ecu ally fatal to it, maintenance The
and Supreme Court Of the State may enoned by order
Of this Court This Court has capacity Conferred
upon by law 20 control or Interfere with the action OF
Circuit Court, under the organization Of the Federal
Judicisry that the appellate superior tribu
nal in which all actions II this Court seeking
very OF more than $50, subject to review aud
sal IL wouli be less incongrgous and inapt for
District Court to epon original action in the Circuit
Court than for the Circuit Court to it's mandate
Inhibition 10 the Suprem, Court forbddng that high
tribunal from proceeding to boar aud determine alters
pending before it, No less independent Of the authority
OF the United States Courts iu the of their own
fupctions, the STATE Courts 1t is cardni princi
pie thrt Circuit Court OF the United States has jul
risdction to epjon proceedings in State Court. q
CTanch, 179 Dig WolcotI Other objections touch
ing the regular ~ and suffice Of the bill led In this
case have been presented and commented by the
coui sci for the defendants. do not enter into that
discussion as, in my judgment, the action csnno. be
maintained for want OF uu. iiction IN this Court to
award an injunction order interplea Ter be-
tween the parties The applications for iniun ction
and interpleader are accordingly both denied, with