Page:United States Reports, Volume 209.djvu/526

 500 OCTOBER TERM, 1907. Opinion of the Gourd. 09 U.S. Turning now to the other question, the Constitution, Art. III, � provides that the judicial power of the United States shall extend to controversies "between citizens of different States." Section li of the Judiciagy Act of 1789 (1 Stat. 78) granted to the Circuit Courts original cognizance "of all suits of a civil nature at common htw or in equity . . . where the suit is between a citizen of the State where the suit is brought, and a citizen of another State," and added: "And no civil suit h!l be brought before either of said courts (Circuit or Dis- trict) against an inhabitant of the United States, by any original process in ay other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ." Section 12 (p. 79) provided "that if a suit be commenced in any state court by a citizen of the State in which the suit is brought against a citizen of another State," a removal might be had of the case to the next Circuit Court to be held in the district where the suit is pending.' The first section of the act of August 13, 1888, c. 866, 25 Stat. 433, like the Judiciary Act, invested the Circuit Courts of the United States with original cognizance of suits in which there is a con- troversy between citizenh of different States, provided that no civil suit should be brought before either of said courts (Cir- cuit or District) against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, 'and. closed with these words, "but where the jurisdiction is founded only on the fact that the action is be- tween citizens of different States, suit shah be brought only in the district of the residence of either the plaintiff or the defendant." The second sentence of �prescribed, in respect to removals, at "any other suit of a civil nature, at law or in equity, of which the Circuit Courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, in any state court, may be removed into the Circuit Courts of the United States for the proper district by the defendant or defendant therein, being' non-residents of that State." It will thus be

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