274 F. 235 | W.D.N.C. | 1921
This matter is before the court on motion of the plaintiffs to remand the action to the superior court of Union county, N. C. The speciñc relief demanded by the plaintiffs in their bill of complaint is the following:
“That the defendant, the Federal Reserve Bank of Richmond, its agents and servants, be permanently restrained and enjoined from carrying out their threat to refuse to accept exchange drawn by the plaintiffs on their reserve*236 deposits, in payment of checks presented and to return such checks to the drawers thereof as dishonored, because plaintiffs have refused to pay same in cash, and have tendered the exchange allowed by the laws of the state of North Carolina.”
The only point to be decided by the court is whether or not, under section 24 of the Judicial Code (Comp. St. §§ 991[1]~991[25]), the matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000.
The court heard the evidence and the able arguments of counsel during the period of four days at Charlotte, and has given the question very careful consideration since that time. Both sides cited authorities tending to sustain their contention, to wit, that this court has or has not jurisdiction. These authorities tire court has read with great interest, and it frankly confesses that it is in doubt about its jurisdiction in the matter.
“The courts are required to apply the same technical rules in equity cases that are applied in actions at law for the purpose of being assured of jurisdiction.”
Again, in the case of De Krafft v. Barney, 2 Black. 704, 17 L. Ed. 350, it is held, Chief Justice Taney writing tire opinion, that the matter in dispute must be money or some right the value of which could be calculated or ascertained in money.
On the other hand, the court cannot see how any calculable money value can accrue to the defendant by its continuance in the publication of the statements which the plaintiffs allege to be false. Neither can the court ascertain the loss in money, if any, which the defendant will suffer should it be restrained from the publication of the statements referred to. Certainly the money value involved, if any, is too hazy, indefinite, and speculative for the court to base so important a jurisdictional finding upon.
The defendant cannot suffer by trying this case in the state court, because there it can present all of its defenses, and, as a federal question is involved, can carry the case to the Supreme Court of the United States. No injustice, therefore, can be done either party to the suit by trying the case on its merits in the state forum.
The case is therefore remanded.