South Carolina v. Virginia-Carolina Chemical Co.

Citations

• 117 F. 727
• 1902 U.S. App. LEXIS 5129

Syllabus

<p>1. Removal oe Causes—Federal Question—Action by State.</p> <p>Under the settled rule that, to render a cause removable on the ground that it involves a federal question, it must appear from the plaintiff’s pleading, by clear and necessary intendment, that .such question Is directly involved, so that the state court cannot give judgment without deciding it, an action by a state to subject a foreign corporation to penalties imposed by a state statute is not removable on such ground where neither the complaint nor the statute makes any reference to the constitution or laws of the United States, but the statute purports to have been enacted by the state in the exercise of its police powers. ‘</p>