National Republican. (Washington City (D.C.)) 1872-1888, 1879-01-11

Wood, to decide upon the relations existing
between the State aud Federal courts, and has
responded with such definite yigor and clear.
ness Of Judgment that few of the main points
OF his decision are worthy Of reproduction. The
motion TO remand tho case to the State
Circuit Court was based upon nine points or
reasons presented hy the attorneys for the res.
pondcnt, all Of which were concentrated to
show that the jurisdiction of the state court
was complete mud sufficient; aud that the mp.
pcllauts Claim that unjust prcdju0iccs, he being
citizen Of Massachusetts, existed IN A,achuA
County which would prevent q fair trial of the
c1usc, was untrue or not binding. S1Nc of
these points or reasons were put with great
strength the strength of loyal tochuicality, re-.
gardiuR the filing, approval, aud suhccncy Of
the bonds for costs, fees, &c, the claim being
asserted that the Judge of the state Cir.
cult Court should have approved these
bonds in person. But Judge Settle
Ovcrrulcd these objections aud maintained that
when the appellant had filed his petition aud
bond with the clerk Of the state court he had
done all that the statute required, thereby as.
scrting the jurisdiction Of the Federal judicial
authority, even in the earliest aud most remote
connection the United States court could have
IN the premises. Referring to another tcchni-
cal objection, that the application was not
made before or ut the term at which the suit
could be first tried, ." he decided;
But II 1t be conceded, as contcndcd for by the
defendant that the plaintiff should have joined
issue upon the defendants seventh plea nj Noycm-
Der tcrnl 1871 aud that the suit should then have
stood for trin still IN view Of such decisions of
the courts MS | have been able to examine, aud
upon the reason of the law, am constrained to
hold that the application is IN apt time If the pctl.
iiuu be hlcl nt any time before the trial or liual
hearing OF the suit iu the Sm'c court IT, bcfOrc or
at NctWe Of HjHg stid p,'tioH ne pdJiv makes and
Htg G The StNC COiIt al dliiuiH siiiiHg NHd h. hdS
r'1Sop 10 bc'icrc uB dO's 'isrf Nt lOB prcjudic,
ssFHI. 10. IL IsI L. IH. ..NF.f Ina.
M, SU'C cont.
Referring TO the laws of Congress bearing
upon the transfer of causes from the State
courts to the Federal courts. he decided:
So fur from there being any conflict between the
acts Of 1870 aud 1867, they stand together In perfect
harmony. and with them also stand other enact
mcnts which are necessary to cover The whole
| ground and meet all the cases which C0ugres,
seems, from time to time, to have had IN clnicm
platiud y. the legislation which provides for TIC
removal OF suits brought IN State courts against the
officers Of the United States Instead Of restricting
| the right of removal of causes from state To Fed
| crl jurisdiction. II seems to h0vc been the pur
pose OF Congress In the act OF 1870, To extend tht
Jurisdiction of the circuit courts TO the utmost lim
allowed by the Constitution, with the single cNccp
/ ton as TO the amount WNolYcdin ccriaihciasses
cases.
Taking advantage of the romarll or argu
mcnt Of counsel for the respondent that such Il
retention of jurisdiction by the United states
might be accepted as discourtcous by the STATE
. INllAldlN It plbNtNNNN w NlN'NNN W wv VAIN
ordinary succinctucs5 and force the constitu
toun aspect of the case, and in doing so main
tanned the undoub,ed supremacy OF Fedora
over State authority, rs follows;
should much regret such result since there !.
In this State ut least, the best understanding, boil
officially and personally, between the Judges q! tn
Federal and State courts. But the ruling will Civ
no just cause of olCusc, and apprchcnd none wi
hC taken. for 1t Is not matter OF courtesy q
comfy. but one of positive law, made In purSuauc
Of the Constitution of III, United states, and bind
iugHllkc upon the Federal aud state courts. Nclthc
should BE- SnpcrScrviCcabc in the effort TO 0ppea
courteous. when both are bound by positive rul
| Of law, which cOmuClS the one to rclinquiSh an
the other to take jurisdiction.
The State Is supreme within It's sphere but tn
Constitution and the laws of the United state
which shall be made In pursuance thereof
shall be tho supreme law of the land, aud tn
Judges IN every State shall be bound thereby, any
thing in the constitution or laws of any state to tn
contrary Notwithstanding. Constitution OF th
! United states article Nl.)
The IticrOi Government cannot submit The intcyprt
tiiOH n is Consultation dHd lars IN any tribunals Sdr
It's OiuH GHd Fundamental DriHrie has been so ION
and 50 WcI understood Hri is uppicdiiOn'ShOuid no
produce The least Scnsiii,tness IN any quarter.