This is a suit upon a postmaster’s bond. It appears upon the face of the declaration that the amount in controversy is less than $2,000. Defendants demur to the declaration, and move to dismiss the suit for want of jurisdiction. Counsel for defendants contend that if there is any jurisdiction to try this cause, it must ’be found in some act of congress now of force expressly conferring that jurisdiction upon this particular court; that where congress has not expressly conferred upon the courts the entire judicial power inherent in the government under the constitution, the jurisdiction of the court is limited to the express grant, and may not be helped by the residual ungranted powers that may bo found in the constitution. In support of this position they rely upon the following authorities: Kempe v. Kennedy, 5 Cranch, 185; Kennedy v. Bank, 8 How. 611; Ex parte Watkins, 3 Pet. 207; McIntire v. Wood, 7 Cranch, 506; Kendall v. U. S., 12 Pet. 616; Cary v. Curtis, 3
It appears, then, that in the act of 1875 the grammatical structure of the section required that the limitation as to amount should apply to each class of suits specified. But the structure of the section as amended by the act of March 3, 1887, is very different.' This act recites that the circuit court shall have jurisdiction of all suits of a civil nature at common law or in equity, ‘tyhere the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the constitution,” etc., “or” “in which the United States are plaintiffs or petitioners,” “or” “in which there shall be a controversy between citizens of different states, in w'hich the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid,” “or” land grants, “or” suits of aliens, where the matter in dispute exceeds, etc. By repeating the limitation clause as to amount after each class save one, and omitting it after the clause .conferring jurisdiction over government suits, congress evidently intended to remove the doubt which might have been evoked by the language of the act of 1875, and to make it plain that the government could sue in the circuit court, without regard to the amount in controversy. The same reasoning would
It was insisted in the argument for defendants that the district court is by section 563, Rev. St., given jurisdiction of all suits at common law brought by the United States, and of all causes of action arising under the postal laws, without regard to the amount in controversy, and that congress may well be presumed to have intended by the act of March 3,1887,
Could it have been the intention of congress to repeal the pre-existing laws upon this subject by implication, and force the government to relinquish all rights, or sue in the state courts in so” large a class of cases, or in any case? This court can never concede such a proposition. Congress will not be presumed to have intended to deprive the government of such a right, unless the intention is expressed in plain and unequivocal words. The rule in regard to the repeal of a statute by implication does not have the same application to the government as to an individual. “Where an act of parliament is made for the public good, the advancement of religion and justice, and to prevent injury and wrong, the king shall be bound by such act, though not particularly iiamed therein. But where a statute is general, and thereby any prerogative, right, title, or interest is divested, or taken from the king, in such case he shall not be bound, unless the statute is made by express words to extend to him.” Bac. Abr. tit. “Prerogative” E. 5; U. S. v. Knight, 14 Pet. 301; Fink v. O’Neil, 106 U. S. 272, 1 Sup. Ct. Rep. 325; Green v. U. S. 9 Wall. 655; U. S. v. Herron, 20 Wall. 251; Bank v. U. S., 19 Wall. 228. The principles involved in these propositions are the same. And when a statute which proposes to regulate proceedings .in suits, is general, and by a doubtful application of its terms to government suits would divest the public of rights, and violate a principle of public policy, and would make provisions contrary to the policy which the government has indicated by many acts of previous legislation, in such case the statute ought not to be construed to impair the settled prerogatives of the government. U. S. v. Knight, supra. It follows, therefore, if there is any doubt' as to whether the limitation as to amount in the act of March 3, 1887, was intended to apply to suits brought by the government, it ought to be construed not to apply. Indeed, it has been held that without any act of congress for the purpose’, wherever the United States have rights which ought to be preserved, and for which an individual, under similar circumstances, could maintain an ordinary civil action, the United States may maintain its rights by such a suit brought in its own name, at least in some court. U. S. v. Barker, 1 Paine, 156. And this court is of the opinion that when the government has definitely acquired the right to sue in any of its courts exercising general judicial power, this right will be held permanent in its character, and will be maintained, subject only to such express and distinct limitations as congress may thereafter impose. , Such right is