Page:Federal Reporter, 1st Series, Volume 5.djvu/94

 82 FEDERili REPORTER. �But in By. Co. v. Whitton, 13 Wall. 270, ■wliicb was an action brought to recover damages for the death of a person upon a statute of Wisoonsin that provided whenever the death of a person is uaused by "the wrongful aot, neglect, or default of another," the person or corporation which would have been liable for the in jury, if death had ensued, "shall be liable to an action for damages," not exceeding $5,000, "provided, that such action shall be brought for a death caused in this state, and in some court establishcd by the constitution and laws of this State," the supreme court held that an action to recover the damages might be maintained in the national circuit court for Wisconsin, notwith standing the limitation of the state statute. In delivering the opinion of the court, Mr. Jus- tice Field, after admitting that the "right of action exists only in virtue of the statute," and in the cases therein specified, saya : "In ail cases when a general right is thus conferred, it can be enforced in any federal court within the state having jurisdiction of the parties. It cannot be withdrawn from the cognizanoe of such federal court by any provision of state legis- lation that it shall only be enforced in a state court. * * * Whenever a general rule as to property or personal rights, or injuries to either, is established by state legislation, its enforce- ment by a federal court, in a case between proper parties, is a matter of course, and the jurisdiction of the court, in such case, is not subject to state limitation." �Assuming that the right of action dies with the person in admiralty, as at common law, then, in my judgment, the case is in ail respects analogous to those arising under state statutes giving a lien upon a domestic ship for repairs ; giv- ing half pilotage for an offer of pilotage services, or a right to a party in possession of land to maintain a suit against any one setting up an adverse claim thereto for the purpose of having such adverse claim determined. In ail these cases the local law gives the right, which, like other rights, may be enforced in the proper national court, depending upon its nature or the citizenship of the parties. �If a state gives an alien a right in lands which the com- mon law does not give liim, such alien may assert such right ����