, 1869-04-10
TIE UNION PACIFIC RAILROAD
WAR,
Important ufDecxnIon-Thc SuItn Lii tho
stntc Courts Declared Null nnd
Void

Stnte Courts Declared Null nnd
Void.
From The .Se1r FORK Healt, Aprt1L
ISnEp STATS C1RcrrT couxT-BkFogH JUDGE
et8e Rail1oad company aud otae1s-It being under
stood that Judge Btatchforu On yesterday wouid
deliver bis opinion on the motion argued beioEo
In the suits n The State Courts gfsat interest Wa
manifested to know the result
Judge Iaaichfor3 occupied two hours ard . halt
rently !efs nut hook or hinge for counsel to hing
doubt on; md, therefore, In accordance With hts
opinion. which declares that the va11ors suits as
regards al the parties lnyored ara In the United
States Circuit Court Of this dtBtr.ct contests fur
ther IN this gigantic litigation must cease IN the
STATE Ceu1ta. This d The hennning Of the ena- 1t
stance, that ali the suits and reats ali the par
ties arc properly In the United States Circuit
Coo1t, and that all the proceedings heretofore nAd
null and void. lie declined therefore, to grant
ne ofaeL ior tns staJ of proceedings IN the State
properly ant legal! IN the United states Courts,
On e soaaa III ~ / sss ss se.s se III ys
was Inhibited hY art Of congress 1fum q granting
with he legitimate 1ur,sdc,on Of the s.a;s coarts'
H!s Honor said that he nad read over With paiu-
fnl diligence ali the papers submitted to him In
the case, An. also the printed arguments and e.
Auons q ~ authorities aud ststutes, and hnl con-
utmost care, In order to come to q satisfactory
Decision regnrdlng It; but, IN consequence Of tho
pressure press Of sngasenents and the necessity Of aa
tho time thu, would thus hare unayoItsabiy bee d
ese eeoe fbs STe a1 onS r tSe
shape OF motion, On the part .! the defendants
!n the case on the theory that tho case was pend
menoed proceedings in the ata,e 1purt. sanuSd be
restrained from further Proceedings Ia tho Latter
fa,ast, e@9s sSs'nst a9. Of the parties who xere
Court; that the sn!t did not comneuco IN this
ecu3 " service Of process Of any kind and tutfs-
dietion, scqpired as al, must be By process Of
feInosal, sought to fe exercised untcr the statute
paAaed by Congress July 91, lsea He believed
this Haa the frst and only ease Under ibis statusc
In eoIne respects this statute differed from other
4taS0teA In reAHon to Removals. and in other re-
EPecta Was similar The 1rst question that arose
for consideration Was whether this case was In
this court and this Court had Jurisdiction II this
we're nor 50, this Court could make no order In It
a. Hhs vel observed bE one Of the counsel who
argued In the cause, there were two clAsses Of
cases suhleet 70 removal, one class IN which jaris-
desion Is conferred pJ reason Of citizenship,
and the other class b. reason Of the subject
matter IL dispute. There were three statu.es
mnn ss sss Ga9ts Of se@sva depn
utea were In conformity with constitutional prn-
vision, and Congress had the constitutional nsht
Tbs Sank of The Tinted states ell sessed lis p'iuci
PIE distinctly. The question ra!sed there was
HnetheF the case could he withdrawn frutl the
were questions arising In 1t which were not de-
pendent upon the construction to be given TO nc
1onstitnsion md laws Of the linked States; i, was
ton over which the United statcs hai iurtsdIc-
ton. ~ other questions were carried viii the
sss &C., INTO ne United States Courts. In other
Wofds, The casc vent there u An entirety Twas
81 no consequence whether the removal IVES
So9sausd to b andes appellate or original
uuEeuPn naSs I'm ,,,nE Ihss tis mese qnestioa q
mas Jurisdiction over. Tho statutes wefe enacted
1es the purpose Of conveying TO the United States
Courts the jurisdiction over the whole case, In a
case IN which the question existing arising under
tue laws Of the United States, md TO gye ur1sic-
tion oSer the whole Case, for that reason. The
case Of Osborn Ia The Bank Of the United States
waa case possessing features somewhat similar
son had held that removal could take place aftcr
as we'll a. te1orr Judgment In the State Court
Chief Justice Marshall had said that removal
process Of case, WHICH question was one to be
decided under the constitution and laws OF the
United btateA Mt. Justice Washington, In case
whteh mo Bank Of the United ststea Vas party "
Dams OF the United States had been Incorporated
BY Congress, and therefore, the question arose
I1der u @ the laNs Of The United stateA The statute
pruviulnx for removal BY the party desiring tax
lnR action b{ Obtaining witt, AZ trBt step, from
The United States Circuit Court, and without re-
Ra1n to citizenship There WA no need Of pett-
toutng the State Court for removal, and upon the
United States Circuit Court commcuc1ng proceed-
!nKs y Issuing rtrtiorust the State Court was
stayed from further proceedings tn the case The
Enlfed States Circuit Court could not, nor could
huE party or parties he deprived Of the right OF NJ
moFal % ey Joining Of another party or other par-
ties IN The Ru1t who hnd different causes OF action.
II was contemplated 70 remove the suit, the whoie
suit and MI the parties to IT, else the statutes gov
eEninR removals we're simply waste paper. 4 Gaze
or writ Of cIIpE.