to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by said title. And all national banking associations established under the laws of the United States shall, for the purposes of all other 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.27 Seventeenth. Of all suits brought by any alien for a tort only in violation of the laws of nations or of a treaty of the United States. Eighteenth. Of all suits against consuls and vice consuls.28 Nineteenth. Of all matters and proceedings in bankruptcy." 29

The Bankruptcy Act provides: "Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, subdivision b, section sixty-seven, subdivision e, and section seventy, subdivision e." 80 Twentieth. Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliqui

27 See infra, § 28.

28 The Supreme Court of the United States has original jurisdiction in cases affecting consuls; Constitution, Art. III; U. S. R. S., § 687; supra, § 3. This jurisdiction is exclusive of the courts of the sev eral states. Jud. Code, § 256, 36 St. at L. 1087, quoted infra. Such exclusive jurisdiction is constitutional. Davis v. Packard, 7 Peters, 276. L. ed.; Valarino v. Thompson, 7 N. Y. 576. The State courts formerly had jurisdiction of actions against consuls in civil cases; Hall V. Young, 3 Pick. (Mass.) 80, 15 Am.

Dec. 180; Sartori v. Hamilton, 13 N. J. L. 107; Com. v. Kosloff, 5 Serg. & R. (Pa.) 545; Kidderlin v. Meyer, 2 Miles (Pa.) 242; Durand v. Halbach, 1 Miles (Pa.) 46; State v. De la Foret, 2 Nott & M. (S., C.) 217; Wilcox v. Luco, 118 Cal. 639, 62 Am. St. Rep. 305, 50 Pac. 758. But see Jud. Code, § 256.

29 See infra, Chapter xxxiv on Bankruptcy.

t

30 Act of July 1, 1898, 30 St. at L. 544, § 23b as amended by Act of February 5, 1903, 32 St. at L. 797, and Act of June 25, 1910, 36 St. at L. 838. See infra, §§ 609, 610.

dated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, however, That nothing in this paragraph shall be construed as giving to either the district courts or the Court of Claims juris diction to hear and determine claims growing out of the late Civil War, and commonly known as 'war claims' or to hear and determine other claims which had been rejected or reported on adversely prior to the third day of March, eighteen hundred and eighty-seven, by any court, department, or commission authorized to hear and determine the same, or to hear and determine claims for pensions; or as giving to the district courts jurisdiction of cases brought to recover fees, salary, or compensation for official services of officers of the United States or brought for such purpose by persons claiming as such officers or as assignees or legal representatives thereof; but no suit pending on the twenty-seventh day of June, eighteen hundred and ninety-eight, shall abate or be affected by this provision: And provided further That no suit against the Government of the United States shall be allowed under this paragraph unless the same shall have been brought within six years after the right accrued for which the claim is made: Provided, That the claims of married women, first accrued during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the suit be brought within three years after the disability has ceased; but no other disability than these enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. All suits brought and tried under the provisions of this paragraph shall be tried by the court without a jury." 31

31 See infra, $$ 96, 97, and Chapter XXXV on Court of Claims.

In the event of disagreement as to a claim under the contract of insurance between the "bureau of war risk insurance" and any beneficiary or beneficiaries thereunder, an action on the claim. may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them resides.32

"Twenty-first. Of proceedings in equity, by writ of injunetion, to restrain violations of the provisions of laws of the United States to prevent the unlawful inclosure of public lands; and shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure." This authorizes the recovery of the remedial, but not exemplary damages in a suit in equity praying an injunction.33 The Goverment can recover the reasonable value of the use of the lands wrongfully enclosed although they would not have been leased if there had been no enclosure.34

"Twenty-second.

Of all suits and proceedings arising under any law regulating the immigration of aliens, or under the contract labor laws.35

"Twenty-third.

Of all suits and proceedings arising under any law to protect trade and commerce against restraints and monopolies.36

"Twenty-fourth.

Of all actions, suits, or proceedings involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty. And the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands now or heretofore held by either of the Five Civilized Tribes, the Osage

32 40 St. at L. 410, § 405.

33 United States v. Bernard, C. C. A,, 202 Fed. 728. Suits by lawful possessors of Government land to enjoin trespassers may be brought

in the State courts.
Morrison, 232 U. S. 452.
34 Ibid.

35 See infra, § 463.
36 Infra, § 151a.

Gauthier v.

Nation of Indians, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. Twenty-fifth. Of suits in equity brought by any tenant in common or joint tenant for the partition of land in cases where the United States is one of such tenants in common or joint tenants, such suits to be brought in the district in which such land is situated." 37

"The district courts of the United States shall have original cognizance to entertain suits in equity begun by bills of interpleader where the same are filed by any insurance company or fraternal beneficiary society, duly verified, and where it is made to appear by such bill that one or more persons, being bona fide claimants against such company or society, reside within the jurisdiction of said court; that such company or society has made or issued some policy of insurance or certificate of membership providing for the payment of a sum of money of at least $500 as insurance or benefits to a beneficiary or beneficiaries or to the heirs, next of kin, or legal representative of the person insured or member; that two or more adverse claimants, citizens of different States, are claiming or may claim to be entitled to such insurance. or benefits and that such company or society deposits the amount of such insurance or benefits with the clerk of said court and abide the judgment of said court. In all such cases the court shall have the power to issue its process for said claimants, returnable at such time as the said court or a judge thereof shall determine, which shall be addressed to and served by the United States marshals for the respective districts wherein said claimants reside or may be found; to hear said bill of interpleader and decide thereon according to the practice in equity; to discharge said complainant from further liability upon the payment of said insurance or benefit as directed by the court, less complainant's actual court costs; and shall have the power to make such orders and decrees as may be suitable and proper and to issue the necessary writs usual and customary in such cases for the purpose of carrying out such orders and decrees: Provided, That in all cases where a beneficiary or beneficiaries are named in the policy of insurance or certificate of membership or where the same has been

37 Jud. Code, $24, 36 St. at L. 1087, as amended by 37 St. at L. part 2, p. 46.

assigned and written notice thereof shall have been given to the insurance company or fraternal benefit society, the bill of interpleader shall be filed in the district where the beneficiary or beneficiaries may reside." 38

They have also jurisdiction of proceedings to condemn for national public uses land within their respective districts; 39 concurrently with the State courts, of proceedings for the naturalization of aliens,40 and of suits by beneficial purchasers of land