Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-01-22

Stoup " Stuuy NuliHS
Denying Privilege in
Courts Outside D. G.
Chairman Wiley of the Senate
Judiciary Committee, upholding thu
right of Washington residents to SUI
and be sued in all Federal courts
today said his committee woule
carefully study recent court deci.
sion denying such right in court.
outside this city.
The Wisconsin Republican tole
the Federal Bar Association at thu
Willard Hotel that the decision O.
the United States Court of Appeal.
at Richmond would make the Ma.
tional Capital "a kind of judicia
no-man's land"
. The case involving a Washington
insurance company is to be appealed
to the Supreme Court in an effort tt
establish the rights of citizens ant
corporations here as litigants II
United States courts outside Wash
ington. They already have sucl
privileges in the District but not IL
the States.
Not Advising High Court.
Senator Wiley emphasized he wa.
not attempting to advise the Su.
preme Court.
1T is obvious" he said. shat tn.
Supreme Court has absolute right tx
make whatever decision it deem.
appropriate If it reviews this case"
The decision of the Richmond
court, Senator Wiley explained, "ir
effect, invalidated a 1910 act Civ
ing Federal courts the same juris.
diction to hear disputes between 8
Washington man and a citizen Of
a State which those courts already
possessed in cases involving dis.
putes between two States"
A provision similar to the 1916
act, the Senator told the Fedora.
lawyers, sis now pending before the
Senate Judiciary Committee as 8
part OF the proposed codjficatior
Of title % of the United States
code, in section 1882 thereof"
Sees Lawyers Concerned.
Senator Wiley referred to his re.
cent declaration that if the SUI
preme Court should invalidate the
1910 act by upholding the lower
tribunal, he felt a constitutional
amendment should be considered tt
correct the injustice inflicted or
District citizens.
The Federal lawyers, Senate,
Wiley warned, should be concerned
with the Richmond court decision
Il am certain that you gentlemen
as lawyers and as citizens do not
want to reside in kind of judicial
"no-man's land"
ITO establish kind Of judicial
twilight zone in which there is 8
District blackout of the privileges
accorded to the citizens of the sew
eral States" he said, hardly seems
fair to the people of a great city
a people who have made the same
sacfirices in the war as the citizens
in tn several States. I believe tina,
this subject is a proper subject fol-
Study by the Judiciary Committee Of
the Senate"
Discusses Background.
Senator Wiley discussed at SOM
length the statutory background o
the situation. He pointed out tina
Chief Justice Marshall had rule
the District was not a state ant
his decision meant that "a citizel
of the District could not sue in tn
courts Of the United States on tn
ground of diversity Of citizenship.
The act of 1910 was enacted, tn
Senator explained, to assure tn
rights denied by the Marshall de-
cision.
The 1910 act had been tested il
the lower courts before, Senate
Wiley explained. There have beer
eight decisions holding the 1910 &C
unconstitutional These include tn,
case before the Richmond court il
which a Washington insurance firm
lost. There were two cases in which
Federal courts upheld the Consti
tutionality of the 1910 act.
After discussing the argument
raised in these lower courts botl
pro and con, Senator Wiley said
lone thing, however, is certain, ant
that is that when the citizens O
the District are denied a privileg,
accorded to those of the State
their situation is unusual and I'm
fortunate"
Senator Wiley welcomed the pro
fessional advice of the Federal Ba,
Association on nominations to fl
vacancies on District Federal Court!
which come before the Senate Jul
dietary Committee.