2 FEDERAL Rmroxmn.
absent defendants may never be served with process, and, as the record
now stands, they are not to be treated as parties.
Section 1 of the act of March 3, 1887, confers upon the circuit courts
of the United States originalY’jurisdiction (1) of suits arising under the
constitution and laws of the United States, and treaties made in pursu-
ance thereof; (2) of suits in which the United States are plaintiff`; (3) of
T suits between citizens of different states; (4) of suits between citizens of
the same state claiming lands under grants from different states; and (5)
of suits between citizens of a state and foreign states, citizens and sub-
jects. In suits of the first, second, third, and hfth classes the matter in
V dispute, exclusive of interest and costs, must exceed the sum or value of
$2,000. So much of section 2 as calls for notice reads:
~ "'1’hat any suit of a civil nature, at law or in equity, arising under the con-
stitution or laws of the United States, or treaties made or which shall be made
under their authority, of which the circuit courts of the United States are given
original jurisdiction by the preceding section, which may now be pending, or
_ which may hereafter be brought in any state court, may be removed by the
defendant or defendants therein to the circuit court of the United States for
the proper district. Any other suit of a civil nature, at law or in equity, of
" which the circuit courts of the United States are given jurisdiction by the pre-
ceding section, and which are now pending, or which may hereafter be brought, “
in any state court, may be removed into the circuit court of the United States
for the proper district, by the defendant or defendants therein, being non-res-
idents of that state; and whenin any suit mentioned in this section there shall
be a controversy which is wholly between citizens of different states, and which
can be fullydetermined as between them, then either one or more of the de-
fendants actually interested in such controversy, may remove said suit into
the circuit court of the United States, for the proper district. " ~
This is not a suit arising under the constitution or laws of the United
States. It is a suit between citizens of Illinois and an alien, and is not,
. therefore, a suit between citizens of different states; and if it were, when
the jurisdiction depends upon the citizenship of the parties, the suit can-
not be removed by a defendant who is sued in the district of his resi-
dence. It is not a suit between citizens of thesame state claiminglands ,
under grantsfrom different states; and it is not a suit within the mean-
ing of the third clause of the second section of the act, involving a
controversy wholly between citizens of different states, and which can
be fully determined as between them. That clause limits the right of
removal to a citizen of a state who is sued out of the state of his residence,
and who is one of two or more defendants in a suit involving two or more
controversies, one of which is separable as between him and the plaintiffs.
An alien who is sued in a state in which he resides, as here, is not
authorized by the act of 1887 to remove the suit. The motion to ro-
mand is sustained.