by John Marshall Harlan

“ It is quite sufficient now to say, without discussion, that it would be a most violent construction of the 8th section of the act of 1875 to hold that the right to have abated the nuisance in question arising from the use in Tennessee of defendant's property, because of the injurious effects upon plaintiffs' real property in Georgia, creates, in the meaning of the statute, a 'claim to' real property within the district where the suit is brought. There is absolutely no foundation for such a position. ”

“ The plaintiffs, we have seen, are citizens of New York and West Virginia, while the Tennessee Copper Company is a corporation of New Jersey. But under the statutes regulating the jurisdiction of the circuit courts of the United States, diversity of citizenship-nothing more appearing-will not give authority to circuit courts of the United States to render a judgment in personam where, as here, neither the plaintiffs nor the defendants are inhabitants of the district in which the suit was brought, and where the defendant appears specially and objects to jurisdiction being exercised over it. ”

“ The bill also alleges that the smoke, fumes, gases, and vapors so generated and discharged on the property of the plaintiffs will destroy all forms of plant and tree life, including vegetables, crops, grasses, and orchards; that by such destruction the soil loses all moisture and compactness, and, being washed away by the rains, the remaining part of plaintiffs' lands will be rendered bare and barren; that the smoke, fumes, gases, and vapors are unwholesome and injurious to the life and health of all coming in contact with them, and render the lands unfit for occupancy ”