Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1923-06-01

by his attorney M L. Walton Jr., file,
a petition in the Circuit Court of Shen
andoah County. for the removal of TIL
i Cedar Rust Case, pending agains
him. to the District Court for TIN
, Western District of Virginia at Har
lrisonburg.
mt. Airy" is one of the show place.
of the Valley and is known far ant
/ wide as one of the most beautiful Co
lonial Estates in the South. 1t wa
formerly owned by Gen. Meem, father
OF Mrs. Kelleher, and its original beaut,
has been preserved turnout the years
| Mr.. KeIleher is resident of Seattle
Washington, and his right of remova
arises from diverse citizenship. Ar
abstract of the record of the case has
just been filed in the Federal Court
For the information of our interested
subscribers we publish an exact copy
OF the petition:
Your petitioner, Daniel Kelleher,
respectfully shows to this Honorable
| Court:
That he is the defendant in this suit,
which is of civil nature, and that the
matter and amount in dispute in this
cause exceed the sum or value of So,
| 10000 exclusive of interest and costs;
and
That the controversy herein is be-
tween citizens OF different states; that
the plaintiff, State Entomologist wv.
j. Schoene) of the Commonwealth of
Virginia. was at the time of the COM
mencement of this suit and still is
| citizen of the Commonwealth of Vir-
ginia, residing at Blacksburg in Mont
gomery County in the said State, and
that your petitioner, Daniel Kelleher
was at the time of the commencement of
this suit and still is citizen of the State
of Washington and of no other state, re-
siding in the City of Seattle in the said
State, and that your petitioner desires
to remove this suit before the trial
thereof into the next District Court of
the United States to be held in the
Western District of Virginia at Har-
risonburg.
Your petitioner further shows to this
Honorable Court that there is in said
suit controversy which is wholly be-
tween citizens of different states and
which can be fully determined as be-
tween them, to-wit, a controversy be.
tween your said petitioner, who AYERS
that he was at the time of the bringing
of this suit and still is citizen of the
State of Washington and that the said
plaintiff, State Entomologist, w. j.
Schoene, who, as your petitioner is in
formed and believes, was then and still
is citizen of the Commonwealth of
Virginia; that the said controversy is
of the following nature, viz:
That the said plaintiff State Ento-
mologist, of the Commonwealth of
Virginia, purporting to act under the
provisions of an act of the General
Assembly of Virginia entitled San act
providing for the control and eradica-
ton of the plant disease known as
Orange or Cedar Rust in the Magis-
terial Districts and Counties of the
state where the said disease is preva-
lent, approved March 4, 1914, and as
amended by act approved March 16,
1920, has made preliminary investi-
CATION and purports to have ascertained
that upon certain tract of land owned
by your petitioner, and known as The
Mount Airy Farms, containing 1,C55
acres, located south of Mt jackson in
Shenandoah County, in said State of
Virginia, there are red cedar trees, and
that said plaintiff further purporting
to act under the said act OF the Com
monwealth of Virginia, threatens to
cut down and destroy cedar trees
growing upon the said tract of land
belonging to your petitioner and has
given notice of finding to that effect,
from which your petitioner has applied
and appealed to this court in the man.
ner provided by the said act, thereby
constituting the beginning of a suit
wherein your petitioner is defendant
and said State Entomologist is actually
plaintiff, in that the SAID State Ento-
| M olouict +hrootopc 40 dacf,ov xraluo HI
cedar trees, the property of your pc
titioner, of the reasonable valuable of
not less than 100000, all to your
petitioners irreparable, injury over
and above said money damages; that
many of said trees were planted
in his door yards and parks and cult
waited at great expense by petitioner
for ornamental purposes, and that your
petitioner and the said plaintiff are
both actually interested in said con-
troversy.
That the suit herein is of civil ma
ture. arising under the Constitution
and laws of the United States, under
Article XIV. Section /, of the said
CONSTITUTION, which provides:
Nor shall any State deprive any
person of life liberty or property,
without due process of law.
| That the threatened acts of the plain
tiff, State Entomologist, will, if allow
ed, amount to deprivation OF the
property of your petitioner without
due process of law.
i Your petitioner further shows, rep
PRESENTS and claims that the provision:
of said act are arbitrary and constitute
class legislation and that each and al
of the provision of said legislative &C
!. and amendments thereto referred L
above are contrary to the Constitution
: OF the United States, and especially IL
! the 9Th and 14th Amendments thereo
and each of them, and the enforce
} ment of said provisions of said ac
would deprive your petitioner of hi,
liberty and properly without due pro
cess of law, and that the removal d
destruction Of said cedar trees woul,