by the delinquent, or in which he has any right, title, or interest, to the payment of such tax.23 This statute, of course, vests in the district and circuit courts concurrent jurisdiction of such suits.24 § 620. Suits for penalties and damages for frauds against the United States. It is provided by statute that any person, not in the military or naval forces of the United States, who shall make or cause to be made or presented any false, fictitious or fraudulent claim against the government, or shall use or cause to be used such claim, for the purpose of obtaining its payment or approval, knowing the same to be fraudulent, or who enters into any conspiracy to defraud the government, or who knowingly purchases or receives in pledge for any obligation or indebtedness from any person in the military or naval service, any arms, clothing, equipments, or other public property, such person not having the lawful right to sell the same, shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of such acts, together with the costs of suit, and the forfeiture and damages shall be sued for in the same suit; 25 and the district courts have jurisdiction of suits to recover such forfeitures, penalties and damages.26 § 621. Suits arising under the postal laws.-The district courts have jurisdiction, concurrent with the circuit courts of all actions, suits and causes arising under the postal laws of the United States.27 § 622. Same Suits in equity to set aside fraudulent conveyances.-The district courts have jurisdiction, concurrent with the circuit courts, upon the direction of the department of justice, of bills in equity, to set aside fraudulent conveyances or trusts, and to exercise any other legitimate powers of a court of equity, for the purpose of obtaining satisfaction. of any judgment for money due the post office department, 23 U. S. Rev. Stat. sec. 3207; 3 Fed. Stat. Anno. 576-592. 24 U. S. Rev. Stat. sec. 563, cl. 5; ib. sec. 629, cl. 4. 25 U. S. Rev. Stat. secs. 3490 and 5438; 2 Fed. Stat. Anno. 29, 30, 31. 26 U. S. Rev. Stat. sec. 563, cl. 6; ib. sec. 3491. 27 U. S. Stat. sec. 563, cl. 7; ib. sec. 629, cl. 4. when proceedings at law for the collection of such judgment have proved unavailing.28 § 623. Jurisdiction of seizures on land and waters not navigable. The district courts, sitting as courts of common law, have jurisdiction "of all seizures on land, and on waters not within the admiralty and maritime jurisdiction"--that is, on waters not navigable. Such seizures are proceedings at common law, and in them the court sits as a court of common law, and proceeds as such, according to the course of the English exchequer on information in rem, and the trial of all issues of fact is by jury; and the judgment of the court is reviewed. by the appellate courts on writ of error only, and not on appeal.29 § 624. Condemnation of property used in aid of insurrection. The district courts, (1) as courts of common law when the seizure is on land or on waters not navigable, and (2) as prize courts in admiralty when the seizure is on navigable waters, have jurisdiction of proceedings to condemn any property, real or personal, used in aid of any insurrection against the government of the United States; 30 and proceedings for 28 U. S. Rev. Stat. sec. 382; 4 Fed. Stat. Anno. 773; U. S. Comp. Stat. 1901, p. 213. 29 1 U. S. Stat. at L. ch. 20, sec. 9, pp. 73, 79; U. S. Rev. Stat. sec. 563, cl. 8; The Sarah, 8 Wheat. 391, 396 (5:644); Morris v. United States, 8 Wall. 507, 512 (19:481); Friedenstein v. U. S., 125 U. S. 224, 240 (31:736); Origet v. U. S., 125 U. S. 240 247 (31:743); Lilienthal v. U. S. 97 U. S. 237, 272 (24:901); U. S. v. 16 Hogsheads Tobacco, 2 Bond, 137, Fed. Cas. 16,302; U. S. v. One Distillery, 4 Biss, 26, Fed. Cas. 15,929; U. S. v. 396 Bbls. Distilled Spirits, Int. Rev. Rec. 114, Fed. Cas. 16,502; U. S. v. 1150% Pounds Celluloid, 82 Fed. R. 627. "Where the seizure is made on navigable waters, within the 9th Section of the Judiciary Act, the case belongs to the instance side of the district court; but where the seizure is made on land, the suit, though in the form of a libel of information, is an action at common law, and the claimants are entitled to trial by jury. "Seizures, when made on wa ters which are navigable from the sea by vessels of ten or more tons burden, are exclusively cognizable in the district courts, subject to appeal, as provided by law; but all seizures on land or on waters not navigable, and all suits instituted to recover penalties and forfeitures incurred, except for seizures on navigable waters, must be prosecuted as other common-law suits, and can only be removed into this (the supreme) court by writ of error." -Clifford, Justice, in Morris v. U. S., supra. 30 U. S. Rev. Stat. 563, cl. 9; the condemnation of such property captured whether on the high seas or elsewhere out of the limits of any judicial district, or within any district, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted.31 § 625. Suits by assignees of debentures.-The district courts have jurisdiction, concurrent with the circuit courts, of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture.32 § 626. Suits for injuries resulting from conspiracies in violation of the "Civil Rights" Act.-The district courts have jurisdiction, concurrent with the circuit courts, and exclusive of the state courts, of all suits authorized by law to be brought by any person for the recovery of damages on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by an act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty of the United States revised Statutes, title, "Civil Rights." 38 33 $ 627. Same-Certain provisions of the "Civil Rights" legislation declared unconstitutional.-It was provided by sections one and two of the act of March 1, 1875, entitled "an act to protect all citizens in their civil and legal rights," that: all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, public conveyances on land or water, theatres and other places of pub U. S. Rev. Stat. sec. 629, cl. 6; U. S. Rev. Stat. sec. 5308; 18 U. S. Stat. at L. ch. 80, sec. 1, p. 317; Union Ins. Co. v. U. S., 6 Wall. 759, 766 (18:879); Armstrong Foundry v. U. S., 6 Wall. 766, 770 (18:882); The St. Louis Street Foundry v. U. S., 6 Wall. 770 (18:884); Confiscation Cases, 7 Wall. 454, 463 (19:196); Morris v. U. S., 8 Wall. 507, 512 (19:481); 4 Fed. Stat. Anno. 234; U. S. Comp. Stat. 1901, pp. 457, 3614; U. S. v. Stevenson, 3 Ben. 119, Fed. 31 U. S. Rev. Stat. sec. 735; 6 Fed. Stat. Anno. 70. 32 Rev. Stat. sec. 563, cl. 10; sec. 629, cl. 8. 33 U. S. Rev. Stat. sec. 563, cl. 11; ib. sec. 629, cl. 17; ib. sec. 1980; 18 U. S. Stat. at L. ch. 114, sec. 3, p. 335; 4 Fed. Stat. Anno. 234, 250. lic amusement, subject only to the conditions and limitations established by law and applicable alike to citizens of every race and color regardless of any previous condition of servitude; and that persons denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities or privileges enumerated, or should aid or incite such denial, should forfeit and pay to the aggrieved person the sum of five hundred dollars to be recovered in an action of debt with costs, and should also be guilty of a misdemeanor and liable to fine or imprisonment. These provisions were held unconstitutional and void, upon the ground that the fourteenth amendment is an inhibition upon the states, and does not authorize congress to create a code of municipal laws for the regulation of private rights, and that the thirteenth amendment relates only to slavery and involuntary servitude, and by its own unaided force abolishes slavery and establishes universal freedom, and the denial of equal accommodations in inns, public conveyances and places of public amusement imposes no badge of slavery upon the aggrieved party.35 § 628. Suits to redress deprivation of rights secured by constitution and laws of the United States.-The district courts have jurisdiction, concurrent with the circuit courts, but exclusive of the state courts, of all suits at law or in equity authorized by law 36 to be brought by any person to redress the deprivation, under color of any law, ordinance, regulation, custom, or usage of any state, of any right, privilege, or immunity secured by the constitution of the United States, or of any right secured by any law of the United States to any person within the jurisdiction thereof. The jurisdiction here given is evidently based on section nineteen hundred and seventy-nine of the Revised Statutes, and it seems doubtful whether that section is now in force.38 84 18 U. S. Stat. at L. ch. 114, secs. 1 and 2 p. 335. 35 Civil Rights Cases, 109 U. S. 3, 62 (27:839). 36 U. S. Rev. Stat. sec. 1979. 37 U. S. Rev. Stat. sec. 563, cl. 12; U. S. Rev. Stat. sec. 629, cl. 16; 18 U. S. Stat. at L. ch. 114, sec. 3, p. 335; 4 Fed. Stat. Anno. 234, 249; 1 Fed. Stat. Anno. 805, 806, 807; U. S. Stat. Comp. 1901, pp. 506, 507. 38 Holt v. Indiana Mfg. Co., 176 U. S. 68, 73 (44:374). NOTE.-Repealed Statutes: The legislation upon which clauses 13 § 629. Suits brought by aliens for torts in violation of the law of nations and treaties.-The ninth section of the original judiciary act provides that the district courts "shall also have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States." 39 The revised statutes omit the clause-concurrent with the courts of the several states, or the circuit courts, as the case may be."' 40 § 630. Same-When the original act may be looked to in aid of construction.-The original judiciary act, and many other federal statutes, were badly mutilated in the revision, and, in consequence, it is sometimes necessary to refer to the original act to ascertain the meaning, and the supreme court the following sections of the U. S. Rev. Statutes, viz.: 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 5506, 5511, 5512, 5513, 5514, 5515, 5520, 5521, 5522, 5523; and "all other statutes and parts of statutes relating in any manner to supervisors of election and special deputy marshals" were repealed by that act, which was approved Feb. 8, 1894. See also U. S. Comp. Stat. 1901, 1271-1273. See also 30 U. S. Stat. at L. ch. 389, p. 432; U. S. Comp. Stat. 1901, 459, 1202, referring to statutes removing disabilities imposed by section 3 of the Fourteenth Amendment to the Constitution. Suits Against National Banks. It is also to be noted that clause 15 of sec. 563, and clause 10 of sec. 629 of the U. S. Rev. Statutes, giving the circuit and district courts jurisdiction of suits by and against national banks without regard to citizenship or the amount in controversy, were repealed by Act of Aug. 13, 1888, ch. 866, which provides that such banks for the purposes of all suits by or against them shall be deemed citizens of the states in which they are respectively located, and the circuit and district courts shall not have jurisdiction in suits by and against them other than such as they would have in cases between individual citizens. 25 U. S. Stat. at L. 436; 5 Fed. Stat. Anno. 193, 194. 39 1 U. S. Stat. at L. ch. 20, sec. 9, pp. 73–79. 40 U. S. Rev. Stat. sec. 563, cl. 16; 4 Fed. Stat. Anno. 235. |