ment not exceeding one year, or by both said punishments, in the discretion of the Court."

§ 17. A receiver or manager of property appointed by a Federal Court is suable for any act or transaction as such receiver or manager, without leave of the Court appointing him, by the act of 1887-8, § 3. "Sec. 3. That

every receiver or manager of any property appointed by any Court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the Court in which such receiver or manager was appointed;

"But such suit shall be subject to the general equity jurisdiction of the Court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.

"2

§ 18. A National banking association is required to be treated as a citizen of the State in which it is located, by the act of 1887-8, § 4.-" Sec. 4. That all National banking associations established under the laws of the United States shall, for the purposes of all actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located;

"And in such cases the Circuit and District Court shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State.

"The provisions of this section shall not be held to affect the jurisdiction of the Courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank." 2

§ 19. Certain statutes are expressly saved from repeal, by the act of 1887-8, § 5.-"Sec. 5. That nothing in this

act shall be held, deemed, or construed to repeal or affect any jurisdiction or right mentioned either in sections six hundred and forty-one, or in six hundred and forty-two, or in six hundred and forty-three, or in seven hundred and twenty-two, or in title twenty-four of the Revised Statutes of the United States, or mentioned in section eight of the act of Congress of which this act is an amendment, or in the act of Congress approved March first, eighteen hundred and seventy-five, entitled 'An act to protect all citizens in their civil and legal rights."

999

§ 20. Other statutes are repealed, by the act of 1887-8, § 6.1" Sec. 6. That the last paragraph2 of section five of the act of Congress approved March third, eighteen hundred and seventy-five, entitled 'An act to determine the jurisdiction of Circuit Courts of the United States and to regulate the removal of causes from State courts, and for other purposes,' and section six hundred and forty of the Revised Statutes,3 and all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby repealed:

"Provided, That this act shall not affect the jurisdiction over or disposition of any suit removed from the court of any State, or suit commenced in any Court of the United States, before the passage hereof except as otherwise expressly provided in this act."

§ 21. The United States Judges are protected from their relatives who want office under them, by the act of 1887-8, § 7. "Sec. 7. That no person related to any Justice or Judge of any Court of the United States by affinity or consanguinity within the degree of first cousin shall hereafter be appointed by such Court or Judge to, or employed by such Court or Judge in, any office or duty in any Court of which such Justice or Judge may be a member."

§ 20.

125 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611.

2 Ante § 10, printed in brackets in italics.

8

Quoted post § 106, note 16.

4 Compare ante § 7, note 6.

5 Platt v. Manning, 34 Fed. 817.
$21.

125 St. L. 433, 1 Supp. Rev. St.
(2 Ed.) 83.

CHAPTER II.

FUNDAMENTAL PRINCIPLES.

§ 22. This volume is written on the theory of strict construction.—The basic theory of this volume is that the jurisdiction of the Courts of the United States is limited; 1 that the right of removal of a cause from a State court to a United States Circuit Court is statutory only; 2 that the purpose of the judiciary act of 1887-83 is to restrict the jurisdiction of the Courts of the United States, especially by removal from State courts; and that where the right of removal is doubtful, the United States Circuit Courts should decline jurisdiction. In conformity to this theory, preference has been given herein to those decisions of Circuit Courts of Appeals and Circuit Courts favoring a restricted removability of causes, unless clearly erroneous, when the questions involved have not been decided by the Supreme Court, and the decisions of the lower Courts are conflicting.

§ 23. The Courts of the United States are Courts of limited jurisdiction."-The limits within which jurisdiction may be conferred by law upon the Courts of the United States are fixed by the Constitution.2

The Supreme Court of the United States derives its original jurisdiction solely from the Constitution,3 and no

act shall be held, deemed, or construed to repeal or affect any jurisdiction or right mentioned either in sections six hundred and forty-one, or in six hundred and forty-two, or in six hundred and forty-three, or in seven hundred and twenty-two, or in title twenty-four of the Revised Statutes of the United States, or mentioned in section eight of the act of Congress of which this act is an amendment, or in the act of Congress approved March first, eighteen hundred and seventy-five, entitled 'An act to protect all citizens in their civil and legal rights.""

§ 20. Other statutes are repealed, by the act of 1887-8, § 6.1" Sec. 6. That the last paragraph 2 of section five of the act of Congress approved March third, eighteen hundred and seventy-five, entitled 'An act to determine the jurisdiction of Circuit Courts of the United States and to regulate the removal of causes from State courts, and for other purposes,' and section six hundred and forty of the Revised Statutes,3 and all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby repealed:

"Provided, That this act shall not affect the jurisdiction over or disposition of any suit removed from the court of any State, or suit commenced in any Court of the United States, before the passage hereof except as otherwise expressly provided in this act."

§ 21. The United States Judges are protected from their relatives who want office under them, by the act of 1887-8, § 7.1"Sec. 7. That no person related to any Justice or Judge of any Court of the United States by affinity or consanguinity within the degree of first cousin shall hereafter be appointed by such Court or Judge to, or employed by such Court or Judge in, any office or duty in any Court of which such Justice or Judge may be a member."

$ 20.

125 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 611.

2 Ante § 10, printed in brackets in italics.

8 Quoted post § 106, note 16.

4 Compare ante § 7, note 6.

5 Platt v. Manning, 34 Fed. 817. § 21.

125 St. L. 433, 1 Supp. Rev. St. (2 Ed.) 83.

CHAPTER II.

FUNDAMENTAL PRINCIPLES.

1

§ 22. This volume is written on the theory of strict construction. The basic theory of this volume is that the jurisdiction of the Courts of the United States is limited; that the right of removal of a cause from a State court to a United States Circuit Court is statutory only; 2 that the purpose of the judiciary act of 1887-83 is to restrict the jurisdiction of the Courts of the United States, especially by removal from State courts; and that where the right of removal is doubtful, the United States Circuit Courts should decline jurisdiction. In conformity to this theory, preference has been given herein to those decisions of Circuit Courts of Appeals and Circuit Courts favoring a restricted removability of causes, unless clearly erroneous, when the questions involved have not been decided by the Supreme Court, and the decisions of the lower Courts are conflicting.

§ 23. "The Courts of the United States are Courts of limited jurisdiction.”—The limits within which jurisdiction may be conferred by law upon the Courts of the United States are fixed by the Constitution.2

The Supreme Court of the United States derives its original jurisdiction solely from the Constitution,3 and no