Page:Federal Reporter, 1st Series, Volume 2.djvu/838

 7IB6T NAT. BANK OF BT. JOHNSBURT V. F. A 0. B. 00. 881 �these in principle. In both instances the language conferring the jurisdiction is general — ^in one case extending the judicial power to controversies between citizens of states, and in the other to those between a citizen of a state and a citizen of a foreign state. But it is said that the fundamental ground upon which jurisdiction, by reason of citizenship of parties, rests, is the fear of local prejudice, and that this cannot pos- eibly exist in a case like the present. A sufiicient answer to this, it seems to me, is that when the constitution and the law give the jurisdiction in plain language, it is unprofitable to look further for the legislatois' motive. �But counsel is in error when he assumes that the fear of local prejudice was the only ground for the grant of jurisdic- diction. The case of aliens stands among another class, nameiy, those involving the peace of the Union. Mr. Ham- nton shows in the Federalist (No. 80) why the judicial power was extended over cases in which aliens were parties, even when the case depended wholly upon the lex loci, and it was undoubtedly the intention to refer ail such cases to the national tribunals. Page 554. �The motion is denied. ���FiBST National Bank of St. Johnsbury ». Pobtland Ss Ogdensburg Eailboad Company and others. �{Circuit Court, D. Vermont. May, 1880.) �COEPOEATioN— Indoksbmbnt — CONDITION — Waivek. — A breacli of the condition does net relleve a corporation f rom liability upon a conditional indorsement, where performance of such condition bas been duly waived. �Gabnibhment — Trustee — Kecbivbb. — The earnings of a railroad are attachable in the hands of a trustee, although they came into bis posses- sion as the receiver of a Connecting railroad. �Luke P. Poland, for plaintiff. Daniel Roherts, for defendants. �Whbeleb, D. J. This cause has been fried by the court upon the written waiver of a jury trial, and been heard as to ����