The evening times., 1900-05-16
FOR EXCLUSIVE JURISDICTION.
Bill Defining Right of Trial Over
Foreign Dtulouats.

The Senate Committe on he Judiciary
has reported favothbiy the bill relating to
the exclusive jurisdiction OF courts Of the
United States.
The report states that it is desirable to
remove doubt upon a question which
may seriously affect our international re
lations. 49,
The Constitution (Article III. section q
provides that the judicial power Of the
United States shah extend to all cases
| affecting ambassadors, other public min
listers. and consuls;' and further in all
| cases affecting ambassadors other public
ministers, and consuls the Supreme Court
shall have original jurisdiction The ju-
dietary act (Stats: 1888 chapter 20) pro-
vides that the district courts shall have
| jurisdiction. exclusive Of the courts of the
several States. of all cases against consu!s
or vice consuls. except for certain offences
| therein enumerated This exclusive js-
| risdiction remained in the courts c. tne
United States, being affirmed By the sta.-
! utes down TO period subsequent TO the
| passage Of the first edition of the Revised
| Statutes.
Section al enacted:
The Jurisdiction in the courts of the
! hereinafter mentioned shall be exclusive Of
the courts of the several States. Eighth.
OF all suits or proceedings against ambas-
! sadors or other public ministers, or their
dOmeSIlcS or domestic servants or against
| consuis or vice consuls.'
This was repealed by the statute OF
| February IS. 1873. chapter so Tan a;t 10
correct errors and 10 supply omissiors in
the Revised Statutes Of the United 81 test
Is follows:
Section al Is amended by striking out
| the eighth paragraph
The Revised Statutes were inteuasd
| solely TO re-enact exiIting law without
| change and the statute Of 1879. chsrter
| so. was intended to correct errors aud sup
| ply omissions in the Revised Statutes OF
/ the United States in order more perfectly
10 accomplish that purpose There was no
| intent. it is supposed. on the part OF any
/ body 10 make any change in the law. HOG
| this particular provision came to be in
\ serted it is needless now TO conjecture.
But il has caused an uncertainty wheth-
/ er the jurisdiction Of the courts Of the
/ United States is now exclusive or may be
! exercised coneurrently with the State
courts. BOrs vs.. Preston Q1I L. s. 252D
/ holds that the constitutional provision dOes
| ECt create a necessarily exclusive jurisdic-
/ tion in the Supreme Court and that the
| subordinate courts OF the Union may b.
invested Win lnat jurisdiction And thi1f
/ Justice Taney. in Cuttings VS.. Crawford
| q Taney's DecisiOnsl, expresses a Ele
| opinion Two suits have been Instituted
In State courts involving this question. one
/ in Massachusetts, and one in New York
/ The one in Massachusetts,. against tbs
Turkish Consul, was disposed OF by with
/ drawal Of the consurs commission. The
l one in New York was a suit for Del
against Mr.. OlorOwsky. the Russian Con T.
| sui General. But the suit was abandoned
/ on an investigation. by the counsel for the
| plaintiff, OF he constitutional question
"Nr- Isuce Miller. in mis- lectures on
| the JUDICIAL power OF the United States.
! delivered in 1sS9-'90. and published in 1897
/ after MS death, says that every diplomatic
| representatives. such as an ambassador or
/ minister or a consul. has right 10 ha~..
/ any case affecting his rights tried in a
| Federal court The same statement is
/ made by Judge Cooley in his lectures or
( the constitutional history OF the United
! States. delivered In 1888 before the Uni
/ yeTsity Of Michigan. Il is. therefore.
/ probable that the courts will hold that the
State courts have no Jurisdiction in cases
affecting ambs sssaiOrs and otheT public
ministers and cOnsUls' -