Page:Federal Reporter, 1st Series, Volume 1.djvu/807

 union fao. b. 00. u'oomb. 789 �Union Pacific Eailboad Company v. MoUomb. �[Gircuit Court, S. JD. NeiB York. Pebruary 21, 1880.) �JdkISDICTION — COEPORATION CsEATBD BY ACT OF CONGKESS — A,C!T O» �March 3, 1875. — A suit by a corporation, created by an act of congress, is a suit arising under the laws of the United States. �Motion to romand. �Emott, Hammond d Kidder, for plaintiff. �Francis N. Bangs, for defendant. �Blatchpobd, J. This is a suit commenced în the supreme court of New York, and removed into this court by the de- fendant. �The plaintiff now moves to remand it to the state court. The complaint in the suit, put in the state court, alleges that the plaintiff is a corporation created by an act of congress. The suit is brought for an accounting for certain moneys and securities alleged to belong to the plaintiff, and to have been fraudulently received and converted by the defendant, and for the cancellationof a note alleged to have been wrongfully issued and to have been fraudulently obtained from certain oflacers of the plaintiff by the defendant and others. The petition for removal states that the plaintiff is a corporation created by an act of congress, and that the suit and the matters in dis- pute therein arise under the laws of the United States. The ground on which the motion to remand is based is that the matters in dispute in the suit "in nowise concern, or are involved in, or are controUed by, any of the laws of the United States, except in so far as the same may be concerned by the fact" that the plaintiff was incorporated by an act of congress. �The second section of the act of March 3, 1875, (18 U. S. St. at Large, 470,) provides for the removal of a suit "arising under the constitution or laws of the United States" by either party to such suit. This enactment is warranted by the pro- vision of section 2, of article 3, of the Constitution of the United States, that the judicial power of the United States "shall extend to ail cases, in law and equity, arising under this con- ��� �