New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-19
LAW INTELLBGEsCE.
Savannah Cotton Cnsos-ImPortnni Que,fions Of
Uniied staies yuFi.dicIion.

United states @uftso"uon.
UNITED STATES CIRCUIT couEI-suL l.-BeoFe
Judge NTisoN.
The following opinion Of bis Honor, Justice Nelson
will be q nteeat 10 the profession settling question Of
practice IN the removal OF suits by the writ OF eornr from
the State tribunals the Circuit Court OF the United States
The decision In effect thGi upon amoon to qaash tho "ri
issued bT the Circuit Conrt the Cout viii consider only
whether the proceedings have been Instituted IN conformity
acquisitions Of the statute granting the ~F' and
that other mniters affecting the Jurisdiction must be regularly
presented Oh tie OK the meri, IA tic Circuit C0a
Tie cotton was seized by the GoTaHmou agents in Macon
and Savannah Georgia under tho conhscaon laws snd
shipped to this port M Draper who took possession o.
as Government cotton agent The plaintiff; ia this case claim
ing 20 have purchased the cotton the south commenced On
seton frepevin against Mr. Draper and vt was issued
in the suit for the surrender Of the cotton
AT this point the District Attorney procured esroaF'
under the force ac, 1893 and also commenced proceedings
under the law Of CJ to the rouo' cd ron Tie state
10 the United States Court.
motion was then made by the counsel Tor the plaintiffs TO
remand the case the State Court arguing that & Draper
was in this case irespsse and could not protect Lin
self under color Of the statutes.
The case is OF itself important involving about soooo
worth OF cotton bu; there in addition 100 similar case ID
voyipr the ssnc questions the whole amount at stake in them
being in the neighboThood Of 100000
The following lie the judge opinion;
In the matter OF actions in the Supreme Court Of SewYork
by Alexander Deansoan and Others agt 5 neon Draper
NrIsOy JThs is motion IN three actions 81 repeVin,
brought by the plaintiffs Against the defendant IN he supreme
CONT state Of Nca Yora 20 recover possession Of some
t bl Of cotton The defendant has taken proceedings 70
remove the litigation into this Court lAe mouon On he
t Of The plaint the legality Of these proceodings
and 10 remand the causes back TO the state Cosrt
The Cd 81 the act Of March l-JJ q 81 NJ - 1ys Pro
vides That the Jurisdiction OF the Circuit Courts Of tie United
states sba extend all eases IN law and equity aIiag uaaer
the revenue laws o tho United states &c ana 'ho W
THAT in any case where suit sna1 Do Drought
In a State Court against any officers or other person
M ~ on account done under the revenue laws OF the
United States under color thereof or on account OF any
right authority or title set up or claimed o' t.s. Oc ~
other person under any snch law OF the uhtvn ac n %
be lawful Tor den iant at any time oto nat upon
petition Circuit Court IN and Tor tue dsic ~ @lSa 10
has been served viii process setting 9lin no k
sut ard verifying tho petition BY affidavit tos ther WIN
certificate Of attorney or counsel sstn sol st as
counsel for tho petitioner be hhs t1au.a ~
sgous, him aud has carefully inquired into al inc matters Gel
forth in petition and that he believes hs SANE 70 o. .ue
which petition, &C. shall De pfessnaed " Wv , d 80
Court sc and shall be fled IN the ooo OF tho ana .e
cause shall thereup0n be entered upon tHo aooAe Vi Lo
Court and shall BIO thereaer piOcoeuoi ~ M, M "a
originalv commenced In that Court. Inc section
then provides Tor the issuing OF VIII OF % S I, g
proceedes in causeand thereupon shan be me duty
Of o state stay all further proceedings IN suc chu
90 enc snail be deemed and taken 20 be rcmOvedto the
sad Creu and any further proceedings TRIAL. or Judgment
iu tho State Court shall be null and VOID.
bo defendant in actions claims that be was an ocef
under tho revenue laws Of the United States ha' b,sh a
pointed by tue Secretary Of inc lsaa ~ qua S h, a. en-,
tred abandoned confscabe property under legal au
july . March ls63 ana August O. so ana "a. aheS
rom The State Circuit Court under the act Of
1888 usually called tho Force Act. ,s A..
already stated this motion Las been made 70 REMAND ne
causes nc 10 tho Court 20 ulsh The prOceeuines IN
mis- Court on tho defendant ala not bou e
cotton al the time Of the releyia sus n the S Oou ~
IN officer Of tho laws person antaorKu 20
hold il under same but the contrary heh " wrong
n and violation OF the rights Of ae plaintiffs III me prop
erty and that ne simply aorffedfor 80.
We aereo If tho petition aad affidavit with the eeTheate
NJ counsel failed bring the causes SI,lln
The set Of Congress providing fer the reuOl ~
n would bo the duty Court motion to remand Ae
ard such order unrequenty been eneIea Az cases
where II appeared clearly by the admission OF e pau, %
olerwse that they within the net OF REMOVAL bhb
In cases where the proceedings IN conformity sl .e ao
Inc removal imperative both upon the state anu We Ielt
Court II the facts seriously contesteu y must 90
IN f,rmn bv peadngs and proor IN Inv itei court
mo question If Jurisdiction be0n5 10 te heaerh bohl ana
must be heard aud determined there. Ire statue perep
tow that the shall thereupon be ene On he DOCKET
OF aid Court and shall be GREATER poVesoeu "a a. Cause
ORIGINALLY commenced IN that Court - and shA Dc deemed
md taken TO said Circuit Court and any urher
uoceedng ldgmen, theron IN ihe Stale Court shall
he wholly null and void"
lis true the plaintiff afer the removal Of TIE cause into
the Circuit hss no MEANS according 70 tue Proeesa
Se in that court the question o. jurisdiction upon the
rieaopgs. and which disability doubtless furnishes some
FEASIBILITY for the bearing OF tle question uron
notion But tls mode Of presenting ~ when Gs Dc upon
an avits ofientmos conflicting and iHteontaDe ~ most
uns siacOry aud should not % entertained tAlt 81
ifou unavoidable Hecess.iT with VIC" W ascertain