Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-02-18
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t IS not deemed necessary to enter in


1t IS not deemed necessary to enter in
to an elaborate argument Of the case.
but only to state the legal conclusions
to which have arrived, after some
what Deliberate consideration.
The facts, as I understand them, are,
that the Plaintiff, a citizen Of Niscon-
sln, brought his action in the Circuit
Court OF the State, against the Defend
ant, citizen Of another State; that the
ease passed on to IL reference upon is
sue joined, and now, it is asked, can
the Defendant procure Il removal Of the
cause to the District Court Of the Z.
;. Tor the District Of Wisconsin
L do not think the cause can be re-
moved at this stage Of the proceedings,
even If it could have been, legally and
constltutionally, at any stage. II CT
der to take adyantage Of the twelfth
Section of chap. 20 Of the Act Of Con
gress 1899, commonly called the gu
dietary Act" ii is necessary for the De
PENDANT, being a citizen of another
State, to present his petition for remov-
al, supported by the proper affidavit,
&c, at the time Of making his appear
ance. That time has gone by in this
case.
Again: I do net believe that the Dis
trict Court of Wisconsin can take juris-
diction Of any cause SO attempted to be
removed, under the 10Th sec. of the act
OF 1889. In that act the District Court
Of Maine and Kentucky are mention
ed by name. Neither the act Of Aug.
9th 1916, entitled Gan act to enable the
People Of Wisconsin to form State
Government" &c, nor the act Of ad-
mission of May goth, 1913, co,feys any
such power upon the District Court for
the District Of Wisconsin. BY the act
Of August 9th 1916, the same power is
given to the Jltdge Of the District
Court Of Wisconsin, in cases like the
one under consideration.
Bat independent Of these consiaera-
tons, to admit such power to exist in
the District Court Of the United States
for Wisconsin, would not only PROSTATE
our State Courts at the feet Of an info-
Tior Federal Court, but would virtually
override and nn}ify the deliberate de-
ci>ions Of the Supreme Court Of this
State. Our own Supreme Court reius-
ed to return a writ of Error issued by
the Supreme Court of the United States,
denying the appellate jurisdiction Of
that Court. But il jurisdiction can be
snatched from oar Circuit Courts where
~
OF another State, Of what avail will be
the solemn decisions of our own Su-
preme Court? II the Circuit Court
yield Jurisdiction, is not our own citi-
zens deprived Of the right Of appeal or
trial in the Supreme Court Of our own
State? TO tell our citizens that we
have provided the redress Of all their
wrongs and injuries, by establishing
tribunals Of justice to which they can
repair; and then to admit that if they
should chance to sue an alien, or a cit
izen Of another State, his suit must be
taken to another Court, foreign to our
jurisdiction and control, IS simply utter
ing political untruth. It is Just as rea-
sonable to say that if a naturaIized for
eigner should sue a countryman not
nattiralized, the latter might be tried
by the Court Of Common Pleas Of Eng
land, or some other country, on his own
application.
It seems to me that each State hav-
ing erected lis Judicial tribunals, in all
grades, to the court 81 last resort, the
citizen is entitled to demand the cxer-
else Of all these judicial functions.
through all established grades, proyi-
ded by the sovereign power.
II our Judicial halls can be invaded,
and a Defendant be permitted to say
to the Court that he does ret exactly
Ike the appearance Of things; that he
will choose his own Court that State
commands, State process and State
sovereignty must cease meddiing with
him, and then pnt ON his hat and walk
oot, what and where is Stat" Sover-
e1g0ty? 10 what are the States re-
d1eed but mere local municipalities ?
IN oar oWn Courts, a change Of ven
ne IS sometimes granted on application
OF the Defendant, bat in al such cases.
they 20 to . Court Of equal dignity.
and holding Its power under olr own
constitution and laws. But the ease
under consideration is not a change of
venue. It is wrestling jurisdiction from
our sovereign tribunal, to q foreign tri
bunal, and completely cutting off the
citizens Of our own State from al right
OF litigation III our own Courts, and for
ever excluding them from all right of
appeal to their own Supreme Court.
One Illustration will suffice A. a |
citizen Of Wisconsin, sues 3. q citizen
of Pennsylvania, for q demand of ST.
900 in the Circuit Court of milwaukee,
county. IF \. should fail in his action,
be could appeal to the Supreme Court
Of the State. But if B. should remove
The case to the L. S. District Court.
and there succeed. A. could not appeal