
    HENUY v. LA COMPAGNIE GENERALE TRANSATLANTIQUE ETC.
    (Circuit Court, S. D. New York.
    April 15, 1899.)
    Jurisdiction ob’ Federal Courts — Federal Question — Pleadings.
    A federal question, to giv" a circuit court of the United States Jurisdiction!, either original or by u jO from a state court, must appear by too plaiui.'ifCs statement to be r> ... - ,/..ty of bis claim.
    
    On ⅞¾ i i ,a for Eeargumciit
    Edwn-! : 1 Jones, for ⅞<⅜ motion.
    M. U. Fleming, opposed.
    
      
       As to jurisdiction of cases involving federal questions, see note to Bailey v. Mosher, 11 C. C. A. 308, and, supplementary thereto, note to Montana Ore-Purchasing Co. v. Boston & M. Consol. Copper & Silver Min. Co., 35 C. C. A. 7.
    
   LACOMBF Circuit Judge.

“It is thoroughly seífíei that under the act of Augur*. At 1888, the circuit court of the United States has no jurisdiction, >!' c original or by removal from a state court, of a suit as one arising under the constitution, laws, or treaties of the United States, unless that appears by the plaintiff’s statement to he a necessary part of his claim.” Railway Co. v. Lewis (March 20, 1899) 19 Sup. Ct. 451. A careful re-examination of the conc’Jaint wholly fails to disclose any provision of constitution, stature, or trea ty which is made by such complaint a necessary part of plaintiff’s claim. The former decision, remanding the cause, will not be disturbed.  