Page:Federal Reporter, 1st Series, Volume 2.djvu/747

 Y40 TEDERili REPOBTER. �constitutional conventions and legislative bodies are liable to be betrayed by their anxiety and efforts to accomplish, by indirection and circumlocution, an unconstitutional purpose which they cannot efïect by direct means. �The act under which the several prisoners are held being void, for the reasons stated, they are in custody in violation of the constitution and a treaty of the United States, and are entitled to be discharged ; and it is so ordered. ���MuERAT V. HoLDEN and others. �{Circuit Court, W. D. Missouri. June, 1880.) �Removal — Time or FiLEsa Petition. — Under the act of 1875 a petition for removal must be filed before or at the term at which the cause might flrst by law be tried, altUotigh the pleadings have not been settled at that time. �Motion to Eemand. �This suit was originally brougbt to the September term, �1878, of the circuit court of Jackson county, Missouri, and it could have been tried at that term if the issues had been joined and the parties had been ready. At that term the defendants interposed a demurrer to the petition, which was argued and submitted, and taken under advisement by the court. The record does not show what action was taken by the court upon the demurrer, but eounsel agree that it was held under consideration until the subsequent Maich term, �1879, when it was overruled. Whereupon, at the said March term, the defendants filed their petition for removal on the ground that the case is one arising under the constitution and laws of the United States. �The plaintiff moves to remand, upon the ground that the petition for removal was not filed in the state court within the time required by the statuts, and upon another ground which need not be considered. ����