Page:United States Reports, Volume 209.djvu/464

 438 OCTOBER TERM 1907. Statement of the Ce. 209 U.S. and is not now a resident or citizen of the State of braska. "Your petitioner further avers that the State of Nebraska as a party plaintiff in the said suit, is not a proper or necessary party in the said suit; that the said State of Nebraska s not the real party in interest in the said suit; that the said State of Nebraska has no interest, beneficial or otherwise, in the said suit, and has been named as a party plaintiff simply for the purpose of depriving the Circuit Court of the United States of jurisdiction over this suit." Bond was filed with the petition for removal and also the transcript of the record in the oice of the clerk of the Circuit Court of the United Skates for the District of Nebraska on the third day of July, 1907. Plaintiffs then, on July 12, filed a motion to remnd the case to the Supreme Court of the State of Nebraska, on the ground that the Circuit Court of the United States did not have jurisdiction over the subject-matter of said action or of the parties thereto, and had no jurisdiction to hear or de- termine the cause. The motion to remand, having been ar- gued and submitted to the court, was overruled for reasons set forth in an opinion. Subsequently leave was granted to file a petition in this court for a writ of mandamus directing the remanding of the action to thc Supreme Court of the State of Nebraska, and, being fried, a rule was entered thereon directing the District Judges for the District of Nebraska, holding the Circuit Court of the United States in and for that district, to show cause why said petition for mandamus should not be granted. The judges made due return to the rule, in which, after re- citing the proceeding had in the Circuit Curt, they stated that it became and was their duty as judges holding that court to hear the argument on the motion to remand and con- si6er and decide that motion, which, pursuant to said duty, the said judges heard and decided accordingly. They further showed that the motion to remand was denied by the judge

�