:50 FEDERAL RQPORTER, vol. 38.
of the state, have the right, on account of such prejudice or local innu-
ence, to remove the said cause; and the statute of the state of Illinois
in regard to the change of venue of causes provides that "where either
party shall fear that he will not receive alltfair trial in the court in which
the suit or proceeding is pending because the inhabitants of the county
are, or the judge is, prejudiced againsthim, or the adverse party has an
_ undue iniiuence over the minds of the linhabitants]? the court may
change the venue of the case to some other court of competent jurisdic-
tion in some other convenient county to which there is no valid objection.
Rev. St. Ill. 0.,146, § 1. The affidavit filed in support of the petition
for removal sets out, quite at length, the commencement and prosecution
of several suits at law between the parties to this suit, and the trial of
‘ those causes before the circuit court of Cook county, and a hearing be-
- fore the arbitration committee of the Chicago board of trade, and`a trial
. jbeforea justice of the peace, and then proceeds: s p
~"AHiants further show that the four long jury trials involving these mat-
ters in the circuit court of this county; and the hearing before Justice Lvoiv,
before the grand jury, before thedirectors ofthe boardof `trade, and before the
appellate court, and the various interlocutory liearin gs and motions for new tri-
. als, have each made a great deal of talk and comment about the court-house
" in this city, and in this county, and on the board of trade in this city,,and
a. very large number of jurymen have been questioned and have heardithe
case, and that the case has become, ;very widely known and understoodfand
there has been a great deal of talk about it on the board of trade. That the
questions involved affected. the manner of doing business on the Chicago hoard
of trade, and especially the greatest thing of all was onthe question of Wing-
ing up" trades; l* * * and many warehousemen, elevatorrnen, brokers,
j commission men,-and many thousands of people in this county, and even the
j surrounding counties, who haveikuown of this case, have discussedVit,,and
atliants believe that through the influence of Robison and his friends and other
warehousemen, commission merchants, brokers, family associations,·andbus—
iness associations, a prejudice has grown up against defendants, who re ide
in Indiana, and who have no means of counteracting or overcoming such in-
fluence, so tliatprejudice exists in Cook county and the adjoining counties to
such an extent that these defendants do not and cannot obtain a fair and im-
partial hearing in the county of Cook, or inthe state court of Cooktcounty, or
in any county to which said cause could be removed by. change of venue un-
der the state 1aws." , · — I W _ _
While the allegations in this affidavit are perhaps broad enoughito
bring the case within the letter of the statute as to the existence of prej-
udice and local influence adverse to the delendants in Cook county and
any county to which the cause may be removed under the state laws,.a
careful analysis of the reasons assigned for the existence of this prejudice
and local, iniiuence shows very clearly that it iscontined mainly, if not
i entirely, to the county of Cook, where these former trials have taken
place, and that it does notnecessarily and properly existin any of the
adjoining counties outside of Cook county and the city of Chicago. 5 I
can hardlyunderstand that the trials of the several controversies be-
tween these parties; in the loca] courts of Cook countycould have created
so widespread a knowledge of the merits of this case, or caused indiffer-
¢I1t_p¢1‘S0nst0,_haVetaken sides upon the same to such an extent as to