Keane v. Chamberlain

14 App. D.C. 84, 1899 U.S. App. LEXIS 3547
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 3, 1899
DocketNo. 860
StatusPublished
Cited by1 cases

This text of 14 App. D.C. 84 (Keane v. Chamberlain) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keane v. Chamberlain, 14 App. D.C. 84, 1899 U.S. App. LEXIS 3547 (D.C. Cir. 1899).

Opinion

Mr. Justice Shepard

delivered the opinion of the Court:

1. The first contention of the appellants, is, that the demurrer should have been sustained because the courts of the District of Columbia, being courts of the United States, have no jurisdiction, under any conditions whatsoever, to enjoin a party from proceeding in the courts of a State.

This is founded on the prohibition contained in section 720, R. S. U. S. which reads thus: “The writ of injunction shall not be granted in any court of the United States to stay proceedings in any court of any State, except in bankruptcy proceedings.”

This statute, enacted originally in 1793, was intended to prevent unseemly conflicts that might occur between the courts of the several States and the Federal courts exercising jurisdiction within their limits, and has always received liberal interpretation to that end. Diggs v. Wolcott, 4 Cranch. 179; Peck v. Jenness, 7 How. 612, 625; Watson v. Jones, 13 Wall. 679, 719; Haines v. Carpenter, 91 U. S. 254, 257; Dial v. Reynolds, 96 U. S. 348, 350; In re Sawyer, 124 U. S. 200, 220. See, also, Dillon v. K. C. etc., Rwy. Co., 43 Fed. Rep. 109.

[103]*103As the courts of the District of Columbia are necessarily courts of the United States, they are included within the broad letter of the statute. United States v. Mills, 11 App. D. C. 500, 505.

In another sense also, the statute may be regarded as declaratory of an established principle of comity between courts, through the operation of which, when the jurisdiction of one court and the right of a party to prosecute his suit have attached, another court will not undertake to arrest the proceedings. Peck v. Jenness, 7 How. 624.

It must, however, be borne in mind, in considering the effect and operation, within the limits of the District of Columbia, of the general statutes relating to the courts of the United States, and some other subjects, that the courts of general jurisdiction of the District have, since the cession of its territory by the State of Maryland, been necessarily invested with the jurisdiction over persons and property therein that was formerly exercised by the courts of that State, and that is now in general exercised by the courts of the several States within their respective limits, in addition to such as were formerly exercised by the courts of the United States for the State of Maryland.

For the reason that the general laws of the United States did not, and could not provide for all the conditions existing at the time of the cession, and to prevent confusion, it was at once enacted that the laws of Maryland, not necessarily inconsistent with the change of sovereignty, should continue in force until modified or repealed by Congress; and notwithstanding the lapse of nearly one hundred years they now constitute the greater and more important part of our written law.

One effect of the peculiar conditions in respect of the jurisdiction over persons and property created by the cession of the District, was to raise doubts whether general Acts of Congress, adapted to the conditions of the authority of the United States throughout the States and Territories of the [104]*104Union generally, should be regarded as changing the laws of the District without the express declaration, or the necessary implication, of such a purpose; for it would sometimes happen that such a law, demanded by and enacted for conditions existing elsewhere, would tend to create confusion and embarrassment in the District because inconsistent with the great body of its law.

This, doubtless, led to the enactment now found in section- 93, R. S. D. C., as follows: “The Constitution and all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the District as elsewhere within the United States.” And this test* we have had occasion several times to apply in determining whether a general law, in any or all of its provisions, was intended to have operation in the District of Columbia. Knight v. United States, 6 App. D. C. 1, 5; Chase v. United States, 7 App. D. C. 149, 156; United States v. Mills, 11 App. D. C. 500, 504, 506.

The original act now embodied in section 720, R. S. U. S., ■was enacted before the cession, and it may be that it is not locally applicable for the reason that the apprehended conflicts of jurisdiction sought to be prevented thereby can not occur in the District because its courts are undivided and represent.but one authority. Courts of the United States, elsewhere, sit within the States, and their process runs to the limits of their designated districts, which are sometimes co-extensive with the limits of the State. Within those limits the party seeking redress may have it as well in the courts of one as of the other; and there is every reason why upon general principles, he should be compelled to litigate in the State tribunal when it has already acquired jurisdiction of the subject matter and of some at least of the parties. Moreover, the jurisdictional requirements of the United States courts in a State in respect of diverse citizenship, would render it next to impossible for them to exercise a restraining power over the citizens of the States of their location in [105]*105the matter of litigation in foreign States like that common in the State tribunals. It may be, therefore, that the section aforesaid ought not to be construed as operating to exclude the jurisdiction of the courts of the District in such cases, as the successors of the tribunals of the State of Maryland, or, in other words, as taking away a jurisdiction which, if the District were still a part of the State of Maryland, would undoubtedly exist in the courts of that State. Dehon v. Foster, 4 Allen, 545; Cole v. Cunningham, 133 U. S. 107.

This question is one of importance and difficulty; and as the case can be fully and finally disposed of without its determination, we prefer to pass it until such time as it may come before us, of necessity, and receive re-examination and more careful consideration.

2. Passing the question, then, of the effect of the statute aforesaid upon the complainants’ right to the relief prayed for, we come to the second ground of the contention in support of the demurrer, which, for convenience of consideration, will be separated into the several propositions that it involves.

(1) It is entirely outside of the case to consider the operations of the provisions of the Assignment Act of Congress of February 24, 1893, in working a conveyance of the title of all property owned by the assignor Scott, whether recited inaccurately in the schedules attached to the deed of assignment, or omitted altogether therefrom.

The only property within the comprehension of this case is the land situated in Montgomery County, Maryland; and the act in force in the District of Columbia can not affect the transmission of its title.

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14 App. D.C. 84, 1899 U.S. App. LEXIS 3547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keane-v-chamberlain-cadc-1899.