Edward Douglass White

“ This court declined to consider the question presented by the record and argued at the bar, because the cause was removed into the circuit court of the United States without authority of law, holding that under the acts of March 3, 1887, c. 373, and August 13, 1888, c. 866, a case (not depending on the citizenship of the parties, nor otherwise specially provided for) cannot be removed from a state court into the circuit court of the United States, as one arising under the constitution, laws, or treaties of the United States, unless that appears by the plaintiff's statement of his own claim ”

“ On June 4, 1890, after the removal of the cause into the federal court, a motion was filed by the attorneys for plaintiffs to remand the cause to the district court of Harvey county, Kan., for the reason that the record and petition for removal showed no sufficient ground for such removal, and that the record and petition did not set up and whow sufficient and petition did not set up and show sufficient court jurisdiction over the cause by removal. ”