, 1873-02-27
Application to the Circuit Judges to Dis
allow Suppression Of Suits. :
The Jurisdiction of State and
Federal Courts.
A New Issue in the Jury Qucs-
-" tion---Tho Unpaid Fees.
Extraordinary Sale Of Bankrupt Fire
Insurance Company's Assets.

AnBworth stink NAr, go far aB the United State
Courts arc concerned, by deciding that the Stat
Court would have to take cogniznnco OF the case
| His opinion is subjoined:
Tho facts in the cases that were argued before N
yesterday and On the previous day arc subsantial
these: In 1867, the Legislature Of Illinois granted t
parties the right to manufacture fertilizer out Of th
odal Of animals slaughtered in the City Of Chicago
The act created corporation, and authorized tho oca
ton OF the place OF manufacture. Under this act O
incorporation, the parties went on and constructed
works, and commenced tho manufacture Of the ferti
The place ut the time not within the limit
OF the Town Of Hyde Park; afterwards 1t included
within It's corporate hrnits aud an act1on vas CON
menced IN tho State Court by party who felt hisel
sgg1eved by tha erection and carrying On Of thcst
works, on the ground that they were nuisance and
an injury to his property Before that an action waa
brought in this Court against the Town OF Hyde Park
the allegation being that the town. BY ordinances had
nter1ered with the chartered rghtz OF the Company
There two questions presented in the argument
One whether ths Court had he right to matntaiu
the bin sa here BY the corporation called the North
Ssy. I'd I'd :..t{a Rs1'nsd i =. hea il tSs r
Goth Of April 1871, the Court Ind original
Of the case, On tho ground that there VIVA right
p the ned to IT.
, esfers with az ght thus eiaimsd and protected The
ansfsr tie ease PENDING IN the State Court q Ills
court under the eertora that was issed was afgued
R% I'D. that anssa sr h. T 5s!
alton I have been able to give the
subject am not satisned that the Court baa Iu1sdc
In Ill such the Court ought not to take urisdc-
ton unless 1t appears clear The ground upon which
10 9hs Court Is certainly plausible
It this: That the first section Of the act OF April 20
1s71, declares " that such proceedings weEe to be
the United sate with and subject the rights OF
appeal review upon error, and other remedies provided
6o e Ike ss q Tbs u h Ap
protect all persons in the United States in their civil
rights, and to furnish the for their vndicaon,
which aze IN their nature applicable in such Now
the position the part of the counsel who claim that
the Court has jurisdiction to remore this ease By
that wherever the Court has original uIisdcsion 1t
can transfer case from tho State Fedora! Court
Ike cases In such courts and the other remedial laws
Of the United Sates which In their nature apEca
bio in such cases" II thu: is The true Of
jurisdiction to issue ce7torari and to taka cognf-
sance OF the case But not satisfied that that Is
the true construction, and It seems to me it would be
going further than any court has get gone to consrue
such general language as this Is 80 IS to fnclnde
within It's scope every Csc where - ., question
Etates Aa was stated the other day, numerous ques
tons hare arisen affecting rights under the Constitu
reedv d 1s have been oSsea eek through The
Of the State conra md so on up to the Court
Of the United States under the section OF
sary OF course to consider Whit these previous statutes
other remedies provided n like cases" Itrefera
particularly to the act Of 1866 ThAt act refe to the
and 1871 understand that the claim is set up that
fair construction Of this act Of the Goth Of April 1871,
ia to include within its scope al the cases, to
authorize tranzfar where 1t giEes original urisdic
ton to the District tho Circuit Court. While the
;son sa9 T.
why cannot do So VIC look to the 1egisla
on Of Congress IN rlation to the cases which might
be removed from the 6tate to the Federnt Courts,
zee that, IN all cases where removal has been au
thosized the circumstances under which Is to take
place' are specifically set forth. 1t is 40 under
the act Of 1885, the language Of tho second section Of
which is: The Jurisdiction Of the Circuit Courts Of
the United States shall extend to al caaea in lay and
sates for which other provisions not already made
by law" sueeptng in 1ta terms, " All cases." But
curnstances case was bo removed from the State
to the Federal court: sin any cage where suit or
prosecution shan be commenced in , court Of any
State agntnHt any officer or other person for
account Of any act done under the Revenue nws Of
the United states under color thereof, for
ciamed BY such ofeer 1t shall bo lawful for the" &C.
-settng up in precise language under what eireum,
ton Of the act Of 1871 which referred tonutatis
mutandis- simply changing the words In Some partic-
section Of the aet of Feb. %, 1871, is:
" In any case where suit or prosecution civil or cri
saan be ] r. n soaa 9i any STATE aanst
account Of any act done under the provisions Of
this 1c or under color thereof for account Of
officer other person under any Of said provisions IT
shall be lawful to transfer up Just the act
ls' s up soSa The g. aas bo oS 6
:ssss: Of the @e s 1867 pr5sssua
any State court agninat any officer civil military
against any arrest or Imprisonment made, OF other
trespass or WRONGS done or committed, or any act
be dcne at any time during the present rebel
lion by virtue a. under color authority direc
and exercised by under the President Of the
ha Tine enterne hs s IN such
aud on. Is have the right to transfer the caso-
showing particularly In describing the ercum-
ali persons born in the United States subjectd
beroby declared to 10 citzens Of he United States,
and such czons Of every race and color, without
sard to any previous condition of aavery or involun
tary scrvitude except punishment for crime,
whereof the parties ahan have been duly convicted,
shal havo the Same right in every State and Territory
in the United States to make and enforce cont1acts
Fhs sos ss. soa Section dees deI tas eesn
oeeu hese % rights a.o affected M
Court The lanaaase q tho third section Is quite p
sates, within their zcspecive dstricts shall hive
lusive Of the courts Of the several States, cognz2nce
1f all crimes and committed against the pIo-
Visions of this act aud II my suit prosecution,
dv criminal, has been or shau be commenced in
sny ste court against any such person for any
Here ia language more general |
han in any other statute, either before !
n after, "sgalnst any such person for any
ause whatsoever" Now 1t could not be maintained
hat By this act Of Congress every person
zero affected coad transfer from the State to
he Feder Court because the language Of tho first
ion includes al persons born IN tho United Sates."
could not have been the intention Of this section to
dive the Eede1u Courts Jurisdiction Of rights affecting
my and all persons who were bornin the United States.
Certainly but 1t means, approhend, tho persons
erred to in the Previous part Of the
who denied cannot enforce tn the courts
judicial tribunals 0f the State locality where they
my be- any rights secured to them by the first section
# this act. any such suit or prosecution, civil
riminal, has been, OF ehal be- commenced against !
ny such person, for any cause Whatsoever" "it must
mean the persons who cannot have their rights
oreed in the Judicial ribunals Of the State and the
ectton proceeds in the usua1 wuy In which al these
sws do: "or against any Officer eiy or military, or
ass, wrongs DONE etc., he eha have the right to
emore tho case" Now. this being the language Of
be various statutes upon the subject /
a1cular uaanner every contingency, which must
nr IN order to suthoze the tranafer Of case from
be State to tho Federal Court is It to be supposed that
Congress intended, in this net OF the 10Th OF April