Page:Federal Reporter, 1st Series, Volume 1.djvu/560

 552 FEDïlF.AL BEFOIiTËB. �for and specially pointed out by the United Statea constitu- tion and the laws of congress made in pursuance thereof ; and the case musfc be clearly brought within the language of the national constitution and statutes, or the national courts cannot assume jurisdiction. If a citizen of Nevada finds it for his interest to enter into such business relations with citizens of California that his rights cannot be separately determined, he does so at his own option, and while he en- joys the benefits of such relations, he also necessarily accepts the inconveniences incident to the relation ; one of which is that when his rights are so intermingled with those of his associates that they cannot be separately finally determined, he may find it impractieable to appeal to the national courts, because he cannot do so without the violation of the rights of other parties to litigate in the state courts equally sacred, and therefore lose the privilege which he otherwise would have to litigate them in the national courts. If this be the resuit, it is in consequence of his own voluntary action, and he cannot expect congress or the courts to strain their au- thority in devising ways or pretexts for relieving him from the embarrassments incident to the relations which he him- self has voluntarily assumed. �Upon the allegations of the bill, with my views of the case, I should not hesitate to sustain a demurrer to it for want of necessary or indispensable parties, had the defendants Flood and the Pacific Wood, Lurober & Plume Company been omitted, thus presenting the case in the position it would be in after removal to this court, as to them, by Mackey and .Fair. �In my judgment, therefore, this is not a case that is author- ized to be removed under section 639 of the Eevised Statutes, and the removal was improperly made. �Upon the grounds stated, an order was made remanding the case to the state court, but the return of the record having been stayed for a limited time, to enable coiinsel to deter- mine what course they would pursue, a petition was filed on behalf of Mackey and Pair for rehearing of the motion to reinand, as to them, under section 639 of the Revised Stat- ��� �