The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-02-13
AN IMPORTANT BILL.
Relative TO the Removal Of Causes from
the State Courts.

the State Courts.
WASHINGTON, Feb. 12.-The House judiciary
committee has favorably reported very i'm
portant bill relative to the removal of causes
from State Courts, The nature Of the change
proposed is explained in the following passages
from the reports:
The first change is to increase the minimum
Jurisdiction Of the Circuit Courts from $500 to
$2OO0. The present minimum Jurisdiction was
hxed by the law Of l789 i'll view of the growth
OF business in the country and the increase of
population from four millions, the number at
the time the act of 1889 was passed, to fifty
milions. The committee believe that the
minimum jurisdiction of the Circuit Courts
ought not to be less than $1,000. In almost all
the States of he Union the Circuit Courts are
overloaded with business. By increasing the
minimum from $500 to $1,000 the United
States Courts will be relieved of large amount
OF business which can be as satisfactorily dis
posed OF by the State Courts as by the Circuit
Courts of the United States, and with more
dispatch and less cost to litigants.
The next amendment proposed to the ex-
istlng statute is t. take away from the Circuit
Courts of the United States jurisdiction OF
causes in favor OF assignees of promissory notes
and bills OF exchange, unless a suit might
have been main tanned thereon If no assign
ment had been made This change restores
the law as il existed from 1880 to 1916. 1t is
believed that large proportion Of the business
which goes into the Circuit Courts at the in
stance OF assignees of promissory notes and
domestic bills of exchange is the result of COL
lusions between the original payee or holder
and the assignee The fruitful source OF fraud
on the Jurisdiction of the courts and unneces-
sary annyance and expense which the makers
OF such Instruments are subjected to ought to
be removed.
The next change proposed is to restrict the
right TO remove cause from the State to the
Federal court to the defendant.
AS the law now provides, either plaintiff or
defendant may remove cause. IL ID believed
to be Just and proper to require the plaintiff to
abide his selection of forum. The commit ee
however, believe that when plaintiff makes
affidavit that from prejudice or local influence
he will not be able to obtain justice in the
State court, he should have the right to re-
move the cause to the Federal court.
The next material change is to take from
the circuit courts Jurisdiction of any suit of
civil nature bet tween a corporation and citi-
zen of any State in which such corporation at
the time the cause of action accrued may have
been carrying on any business authorized by
the law creating it, except cases arising under
the copyright or patent laws, and in like cases
in vi hich these courts are authorized by the
act to take original cognizance of suits between
citizens of the same State.
There has been no judicial ascertainment of |
the domicil of such corporations, but under ex- |
listing law such corporations are permitted to |
sue in the Federal courts, and when sued in a
State court are authorized under section GAO, |
Revised Statutes, to remove the cause 20 tue |
Circuit Court of the United States Tue |
change in the law proposed embraces all such |
corporations as well as corporations created or |
under the laws of State,