4 6 lands under grants from different States; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum, or value of three thousand dollars, and (a) arises under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States, or (c) is between citizens of a State and foreign States, citizens, or subjects. No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made: 10 Provided, however, That the foregoing provision as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section.” 11 Lodge No. 9, I. A. of M. 252 Fed. 597. The United States may sue to collect a bond given by an employee of the Post Office Department for the faithful pursuance of his serv ices. In case of a defalcation by him, it may collect the full amount thereof for the benefit of the persons owning property stolen by him. U. S. v. U. S. Fidelity & Guaranty Co., C. C. A., 242 Fed. 16. It has been held that such an action may be brought at common law and that then the defendant can not compel the interpleader of the persons interested in the result. Ibid. See infra, $$ 157, 158. 4 Infra, § 50. 5 This increases the jurisdictional amount, which formerly was $2,000, exclusive of interest and costs, 24 St. at L. 552. For the construction of the clause, see infra, §§ 6-23. It has been held, that where the cause of action arose prior to January 1st, 1912, the amount necessary for the jurisdiction is not enlarged, although the action is subsequently commenced, Taylor v. Midland Valley R. Co., 197 Fed. 323; construing Jud. Code, § 299. 6 Infra, §§ 24-39. 8 Infra, §§ 40-49. It has been said the since the Judicial Code omits the provision obtained in earlier acts that the jurisdiction of the Federal Court shall in these respects be concurrent with the courts of the several states, the former, where the jurisdiction is founded upon difference of citizenship, may take cognizance of cases not within the jurisdiction of the State Court in the same district. Welch v. Union Casualty Co., 238 Fed. 968. 10 Infra, § 63. "No court of the United States shall have jurisdiction of any action or suit by or against any railroad company upon the ground that said railroad company was incorporated under an Act of Congress. 12 "No case arising under an Act entitled 'An act relating to the liability of common carriers by railroad to their employees in certain cases' approved April twenty-second, one thousand nine hundred and eight, or any amendment thereto 13 and brought in any State court of competent jurisdiction shall be removed to any court of the United States. 14 "Second. Of all crimes and offenses cognizable under the authority of the United States.15 "Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State; of all seizures on land or waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize.16 "Fourth. Of all suits arising under any law relating to the slave trade. "Fifth. Of all cases arising under any law providing for internal revenue, or from revenue from imports or tonnage, except those cases arising under any law providing revenue from imports, jurisdiction of which has been conferred upon the court of Customs Appeals. "Sixth. Of all cases arising under the postal laws.17 11 It has been said that this clause does not enlarge the jurisdiction of the District Courts beyond that previously preserved by the Circuit Courts, but was added to the former statute to remove any uncertainty. Salander v. City of Tacoma, 208 Fed. 427. 12 38 St. at L. 804, Comp. St. § 1233a. 13 35 St. at L. 65, Comp. St. $$ 8657, 8665. 14 Jud. Code, § 28, 36 St. at L. 1094, Comp. St. § 1010. 15 Infra, Chap. xxxi. 16 36 St. at L. 1091; 40 St. at L. 395, Comp. St. § 991. See infra, Chap. xxxiii. 17 A suit by a postmaster to enjoin a Post Office inspector from delivering to a third person property in possession of the plaintiff arises under the Postal Law and may be removed to the Federal Court irrespec "Seventh. Of all suits at law or in equity arising under the patent,18 the copyright 19 and the trade mark laws.20 "Eighth. Of all suits and proceedings arising under any law regulating commerce. '' 21 "No suit brought in any State court of competent jurisdiction against a railroad company, or other corporation, or person, engaged in and carrying on the business of a common carrier, to tive of the amount in controversy. Porter v. Coble, C. C. A. 246 Fed. 244. 18 Infra, §§ 29, 146, 147, 188, 277. U. S. R. S., § 4919: "Damages for the infringement of any patent may be recovered by action on the case, in the name of the party interested, either as patentee, assignee, or grantee. And whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment thereon for any sum above the amount found by the ver dict as the actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs."' U. S. R. S., § 4921: For a case where an injunction and accounting were denied, when suit brought by buyer against seller of a patent, because of the sale of the patented machinery by the vendor in violation of the contract, see United V. Winston Cigarette Mach. Co. Cigarette Mach. Co., C. C. A., 194 Fed. 947. Where a bill charged that, after termination of a license, the licensees obtained large numbers of the patented devices from sources to complainants unknown and sold the same within the district without right or authority, it was held to arise under the patent laws and that the Federal court might take jurisdiction of the same regardless of the amount involved. N. J. Patent Co. v. Martin, 172 Fed. 760. U. S. R. S., § 4918: "Whenever there are interfering patents, any person interested in any one of them, or in the working of the invention claimed under either of them, may have relief against the interfering patentee, and all parties interested under him, by suit in equity against the owners of the interfering patent; and the court, on notice to adverse parties, and other due proceedings had according to the course of equity, may adjudge and declare either of the patents void in whole or in part, or inoperative, or invalid in any particular part of the United States, according to the interest of the parties in the patent or the invention patented. But no such judgment or adjudication shall affect the right of any person except the parties to the suit and those deriving title under them subsequent to the rendition of such judgment." See infra, § 147. A suit to enjoin a tax on a patent does not arise under the patent laws, Holt v. Indiana Mfg Co., 176 U. S. 68, 44 L. ed. 374. 19 Infra, §§ 29, 150, 278. 20 Infra, $$ 30, 148, 149, 279. 21 Infra, §§ 32a, 151. recover damages for delay, loss of, or injury to property received for transportation by such common carrier under section twenty of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, as amended June twentyninth, nineteen hundred and eight, February twenty-fifth, nineteen hundred and nine, and June eighteenth, nineteen hundred and ten, shall be removed to any court of the United States where the matter in controversy does not exceed, exclusive of interest and costs, the sum or value of $3,000." 22 It has been held that a District Court has original jurisdiction of an action to recover freight where the plaintiff depends upon the Carmack Amendment 23 to the Interstate Commerce Act, although the amount involved is less than $3,000.24 "Ninth. Of all suits and proceedings for the enforcement of penalties and forfeitures incurred under any law of the United States.25 Tenth. Of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture. Eleventh. Of all suits brought by any person to recover damages for any injury to his person or property on account of any act done by him, under any law of the United States, for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several States. Twelfth. Of all suits authorized by law to be brought by any person for the recovery of damages on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, Revised Statutes. Thirteenth. Of all suits authorized by law to be brought against any person who, having knowledge that any of the wrongs men 22 38 St. at L. $78; Comp. St. 1010. See infra, § 537. 23 34 St. at L. 584, 593. 24 N. Y. Cent. R. Co. v. Mutual Orange Distributors, C. C. A., 251 Fed. Prac. Vol. I-2 Fed. 430; Cf. Adams v. Chicago 25 See U. S. v. Mexican Nat. Ry. Co., 40 Fed. 769. tioned in section nineteen hundred and eighty, Revised Statutes, are about to be done, and, having power to prevent or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act. Fourteenth. Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United States, or of any right secured by any law of the United States providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States.26 Fifteenth. Of all suits to recover possession of any office, except that of elector of President or Vice President, Representative in or Delegate to Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law, to enforce the right of citizens of the United States to vote in all the States. Sixteenth. Of all cases commenced by the United States, or by direction of any officer thereof, against any national banking association, and cases for winding up the affairs of any such bank; and of all suits brought by any banking association established in the district for which the court is held, under the provisions of title 'National Banks,' Revised Statutes, 26 It has been held: that an action to recover money, exacted under a municipal ordinance which it is contended denies to plaintiff the equal protection of the law is not one authorized by "law" within the meaning of this clause and cannot be brought unless the value of the matter in dispute exclusive of interest before costs exceeds $3,000. Sal ander v. City of Tacoma, 208 Fed. 427. And on the other hand, that a District Court irrespective of the amount in controversy has jurisdiction of a suit by an alien to enjoin the enforcement of all State Laws which interfere with his employment. Raich v. Truax, 219 Fed. 273, aff'd 239 U. S. 33. |