Page:Federal Reporter, 1st Series, Volume 5.djvu/18

 •6 fEDEBaL BEPOBTEB. �authority, or in which the United States shall be plaintiff or petitioner, or in which there shall be a controversy between citizens of different states, or a controversy between citi- zens of the same state, claiming lands under grants of dif- ferent states, or a controversy between citizens of a state and foreign states, citizens or subjects, either party may re- move said suit into the circuit court of the United States for the proper district; and when in any suit mentioned in this section there shall be a controversy which ia wholly between citizens of different states, and which ean be fully deter- mined as between them, then either one or more of the plain- tiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district." �In Eemoval Cases, 100 U. S. 468, it was held by the supreme court that under the first clause of this section, where a con- troversy involved in the suit "is between citizens of one or more states on one side, and citizens of other states on the other side, eiither party to the controversy may remove the suit to the circuit court, without regard to the "position they ocoupy in the pleadings as plaintiffs or defendants. For the purposes of a removal the matter in dispute may be ascer- tained, and the parties to the suit arranged on opposite sidea of that dispute. If in such arrangement it appears that those on one side are ail citizens of different states from those on the other, the suit may be removed. Under the old law the pleadings only were looked at, and the rights of the parties in respect to the removal were determined solely according to the position they occupied as plaintiffs or defendants in the suit. Coal Go. v. Blatchford, 11 Wall. 174. Under the new law the mere form of the pleading may be put aside, and the parties placed on different sides of the matter in dispute ac- cording to the facts. This being done, when ail those on one side desire a removal it may be had, if the necessary citizen- ship exists." . �The opinion was announeed by the chief justice, and while the court was unani mous in its judgment concerning the cases iinder consideration, Mr. Justice Bradley, Strong, and ����