their places shall be supplied by one or more circuit judges belonging to the circuits adjacent to the circuit of such circuit court, who shall in every year be designated to the number of four or more for this purpose, and in a certain order, by the Supreme Court of the United States. It shall be the duty of such judge or judges to attend such circuit court upon being notified by the other judges of the latter court of the necessity of their presence to constitute the quorum required by this act.

SECTION 16. That in no case, except rules for new trials or motions for such rules, and rules to take off non-suits, shall the judge, from or to whose decision or ruling an appeal, writ of error, exception, or other proceeding, designed to obtain a review thereof, has been taken, participate in the decision upon such appeal, or other like proceeding.

SECTION 17. That all acts and parts of acts inconsistent herewith are hereby repealed.

A Bill to amend the Act of Congress of March 3, 1875, 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 to repeal sections 639 and 640 of the Revised Statutes of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the second section of the act of Congress, 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," approved March 3, 1875, be and the same is hereby amended so that the same shall read as follows:

"SECTION 2. That in any suit of a civil nature, at law or in equity, now pending or hereafter brought in any state court, when the matter in dispute exceeds, exclusive of costs, the sum or value of $500, in which there shall be a controversy between citizens of different states, or a controversy between citizens of the same state, claiming lands under grants of different states; or a controversy between a citizen or citizens of a state and a corporation organized under the laws of the United States; or a controversy between citizens of a state and foreign states, citizens or subjects, the defendant or any one of the defendants in such controversy being an alien or a citizen of another state than that in which the suit is brought, may remove said suit into the Circuit Court of the United States for the proper district; and where the controversy is between citizens of the same state claiming lands under grants of different states, either party may remove said suit into the Circuit Court of the United States for the proper district. 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 Circuit Court of the United States for the proper district; Provided, That before or at the time. of filing the petition for removal in any of the above cases, the petitioner makes and files in said state court an affidavit stating that he has reason to believe, and does believe, that from prejudice or local influence he will not be able to obtain justice in such state court."

Provided, that nothing herein contained shall affect any suit already removed to a Circuit Court of the United States.

SECTION 3. That sections 639 and 640 of the Revised Statutes of the United States be, and the same are hereby repealed.

Thomas Hoyne was born in New York City, February 11. 1817. He was a son of Irish parents who had been compelled to emigrate in 1815, in consequence of trouble in which his father had become involved with the English government. His father died in 1829, and his mother within the following year. He was the eldest of seven children. Thus left poor and unfriended, he became an apprentice to a manufacturer of fancy goods, and worked in that capacity for four years. In the meantime he pursued his studies, and in 1835 became a clerk in a large jobbing house. He soon after became a law student in the office of Hon. John Brinkerhoff. In the summer of 1837 he removed to Chicago, at the instance of his friend George Manierre, who was then clerk of the circuit court of which he afterwards became judge. In his early life Mr. Hoyne took an active part in literary matters. Soon after his removal to Chicago he taught in one of the public schools. He completed his legal studies in the office of the Ilon. John Y. Scammon, and was admitted to practice in the fall of 1839. In 1842 he removed to Galena, Illinois, where he pursued the practice of the law for two years, after which he returned to Chicago, where he continued to reside until the time of his death. In 1847 he was elected Probate

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Judge of Cook County. At the expiration of his term of office he formed a partnership with Mark Skinner, which continued until the former was elected Circuit Judge in 1851.

Mr. Hoyne was a Democrat in politics, and took an active interest in political affairs. It may be truly said of him that he was a thoroughly honest, bold, and uncompromising politician. He would resist what he believed to be a wrong in his own party, as quickly and as vigorously as he would assail what he regarded as an error in the opposing organization. He advocated the Mexican War, became a Freesoiler in 1848, and supported Van Buren and Adams as a presidential elector. Mr. Hoyne was appointed United States District Attorney for Illinois by President Pierce in 1853. He was a warm supporter of Judge Douglas until 1856, when he opposed the great Illinois senator, and supported the policy of President Buchanan. In 1859, Mr. Hoyne was made Marshal for the Northern District of Illinois, and in 1860 superintended the taking of the United States census for the Northern District of Illinois.

Mr. Hoyne was one of the founders of the University of Chicago in 1857, and during its whole existence to the time of his death rendered in its behalf a most important and conspicuous service. The Hoyne Professorship of International and Constitutional Law was created in his honor, and he received from the University the degree of Doctor of Laws. He also made liberal pecuniary contributions to the institution, and the success of the Chicago Aştronomical Society connected with it was largely due to his personal efforts. He also took a leading part in establishing the Chicago Free Public Library, and was also one of the originators of the Chicago Bar Association.

In all public positions, and throughout his professional and his private life, Thomas Hoyne was distinguished by