Morrison Waite

“ The last clause relating to separate controversies needed only the addition of the word 'alien' to make it cover everything in the second subdivision. Had it been added, the law would have been uniform, and allowed removals by both parties in all cases where the right was dependant on citizenship. With it out, if we hold that the old law is unrepealed, an alien defendant will be allowed to remove his separate controversy as against a citizen, while the citizen will not have the same privilege against him. ”

“ While repeals by implication are not favored, it is well settled that where two acts are not in all respects repugnant, if the later act covers the whole subject of the earlier, and embraces new provisions which plainly show that the last was intended as a substitute for the first, it will operate as a repeal. ”

“ The second subdivision related to suits against an alien and a citizen of the state in which the suit was brought, and to suits by citizens of such state against a citizen of the same and a citizen of another state. In such suits the defendant, who was an alien, or a citizen of another state, might have a removal, if the suit, so far as it related to him, was brought for the purpose of restraining or enjoining him, or was one where there could be a final determination of the controversy, so far as it concerned him, without the presence of the other defendants as parties in the cause. ”