Melville Fuller

“ It is true that, apart from jurisdiction over the subject-matter, a citizen of a territory cannot sue a citizen of a state in the courts of the United States, nor an Indian tribe or nation sue a state or its citizens, but the judicial power extends to all cases, in law and equity, arising under the laws of the United States, and this case falls within that category, and therefore the jurisdiction in question could be conferred, as we hold that it was. ”

“ Briscoe brought suit, as an inhabitant of the Chickasaw Nation, Indian Territory, in the district court of the United States for the western district of Arkansas, against the Southern Kansas Railway Company, to recover damages for the wrongful killing of certain live-stock by one of the defendant's trains, which was tried in the circuit court for that district after the passage of the act of February 6, 1889, (25 St. p. 655,) and judgment rendered for $896.75. ”

“ The answer did not specifically put this fact in issue, but denied any liability generally, and defendant requested the court to instruct the jury that Briscoe was not an inhabitant, which the court refused to do, as there was evidence tending to show that he was. ”