CHAPTER IX REMOVAL OF CAUSE 86. From one federal court to another. § 87. From a state court to a federal court-In general. $88. Text of statute providing for removal. § 89. What suits may be removed-In general. § 90. Enumeration of removable causes. 91. Who may remove. § 92. Amount in controversy. § 93. Waiver or forfeiture of right of removal. $94. Procedure for removal. $95. Procedure after removal. $96. Remanding cause to state court. § 97. Procedure in state court after removal. § 86. From one federal court to another. Provision was formerly made by statute for the removal of suits and processes from district to circuit courts,1 and from one circuit court to another,2 in a proper case, as for the disability or disqualification of the judge. These sections were repealed by the Judicial Code, which, however, in section 58, provides for removal from one district court to another. Again, causes cognizable by federal courts may be removed from a territorial court to a federal district court upon the admission of the territory into the Union.3 § 87. From a state court to a federal court-In general. We have found that in many cases the jurisdiction of the federal and of the state courts is concurrent, and this 1—Rev. St., §§ 587-589; 4 Fed. St. Ann. 674-5. 2-Rev. St., § 615; 4 Fed. St. Ann. 244. St. 3-Rev. St., §§ 567-569; 4 Fed. Ann. 237-8; Judicial Code, §§ 62-64. even in cases involving a federal question. The suit may be brought in either the state or the federal court at the option of the plaintiff. But it is provided by statute that if a suit within the concurrent jurisdiction of the state and federal courts is brought in a state court, it may be removed in certain cases (generally by the defendant) to the district court. The general ground on which the cause may be removed may be either, (1) Because a federal question is involved on which the federal court ought to pass; or (2) Because prejudice or local influence is feared in the state court. This may presumably be more likely where the defendant is a non-resident of the state in which the suit is brought. The right to remove is wholly statutory and can be exercised only in the cases and in the manner authorized by the statute. The right is given by Congress and cannot be impaired or taken away by state legislation. There have been several statutes providing for the removal of causes from the state courts to the federal courts, the present law being found in the act of March 3, 1875, as amended by the act of March 3, 1887, re-enacted in corrected form August 13, 1888. This statute, although relating to a most important subject, and although it has been passed three times by Congress, is somewhat obscure in its language, and has been very often before the courts for construction. The statute has been reenacted in the Judicial Code with the substitution of the district court for the circuit court, and constitutes Chapter III of the Code. 4-The section relating to removal is section 2 of the act of 1887, 25 Stat. L. 434; 4 Fed. St. Ann. 312. For annotations, see 4 Fed. St. Ann. 312-439. For general discussion of the removal acts, see Cochran v. Montgomery County, 199 U. S. 260. In this case the court said: "The main purpose of the act of 1887 was, as has been repeatedly said, to restrict the jurisdiction, and this was largely accomplished in the matter of removals by withholding the right from plaintiffs and only according it to defendants when sued in plaintiffs' district.” § 88. Text of statute providing for removal. The section of the Judicial Code relating to the removal of causes reads as follows: "Sec. 28. Any suit of a civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the district courts of the United States are given original jurisdiction by this title, which may now be pending, or which may hereafter be brought, in any state court, may be removed by the defendant or defendants therein to the district court of the United States for the proper district. Any other suit of a civil nature, at law or in equity, of which the district courts of the United States are given jurisdiction by this title, and which are now pending, or which may hereafter be brought, in any state court, may be removed into the district court of the United States for the proper district by the defendant or defendants therein, being non-residents of that state. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of the United States for the proper district. And where a suit is now pending, or may hereafter be brought, in any state court, in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state, any defendant, being such citizen of another state, may remove such suit into the District Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said district court that from prejudice or local influence he will not be able to obtain justice in such state court, or in any other state court to which the said defendant may, under the laws of the state, have the right, on account of such prejudice or local influence, to remove said cause: Provided, That if it further appear that said suit can be fully and justly determined as to the other defendants in the state court, without being affected by such prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said district court may direct the suit to be remanded, so far as relates to such other defendants, to the state court, to be proceeded with therein. "At any time before the trial of any suit which is now pending in any district court or may hereafter be entered therein, and which has been removed to said court from a state court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said state court, the district court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in said state court, it shall cause the same to be remanded thereto. "Whenever any cause shall be removed from any state court into any district court of the United States, and the district court shall decide that the cause was improperly removed, and order the same to be remanded to the state court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the district court so remanding such cause shall be allowed: Provided, That 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 twentysecond, nineteen hundred and eight, or any amendment thereto, and brought in any state court of competent jurisdiction shall be removed to any court of the United States. "And provided further, That no suit brought in any state court of competent jurisdiction against a railroad company, or other corporation, or person engaged in or carrying on the business of a common carrier, to 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 twenty-ninth, nineteen hundred and six; April thirteenth, 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." § 89. What suits may be removed-In general. All important cases which may be removed are enumerated in the section above set forth, though under other sections removal may be had in several uncommon or unimportant cases.5 In general, only those suits can be removed to the district court of which that court is given original jurisdiction, that is, suits which could, in the first instance, have been brought in that court. By the first two clauses of this section all suits of a civil nature of which the district courts are given jurisdiction under the preceding chapter are made removable. These cases fall into two general classes: (1) Suits involving a federal question, which may be removed by the "defendant or defendants," and (2) All other suits of which the district courts are given jurisdiction by the preceding chapter, which may be removed "by the defendant or defendants therein, being non-residents of that state." The third and fourth clauses provide for 5-Rev. St. §§ 643, 644; 4 Fed. St. Ann. 258-264; Judicial Code, 88 31-34. 6-Mexican Nat. R. Co. v. David son, 157 U. S. 201; Cochran v. |