Federal question jurisdiction exists only when the plaintiff's own statement of the cause of action shows it is based upon the Constitution or federal laws.
A plaintiff brings a suit for breach of contract and alleges that the defendant's anticipated constitutional defense is invalid under federal law. The court must determine whether the federal court has jurisdiction under the well-pleaded complaint rule. A suit arises under the Constitution and laws of the United States only when the plaintiff's own statement of the cause of action shows that it is based upon those laws or that Constitution. It is insufficient to allege an anticipated defense that relies on federal law, as the original cause of action must itself arise under federal law. Because the plaintiff's cause of action was based on a contract rather than federal law, the court lacks jurisdiction.
At page 152 Determining subject matter jurisdiction under federal law428 citing cases“a suit arises under the constitution and laws of the united states only when the plaintiff's statement of his own cause of action shows that it is based upon those laws or that constitution.”
- Harrison, No. 3:25-cv-00560 (M.D. Ala. Mar. 17, 2026).([I]t is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. This duty we have frequently performed of our own motion.)
- James, No. 2:25-cv-01781 (W.D. Wash. Jan. 14, 2026). (It is not enough 11 that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the 12 defense is invalidated by some provision of the Constitution of the United States.)
- Jordan Lee Poulsen v. Aaron Poulsen, No. 2:25-cv-00425 (D. Utah Dec. 9, 2025).([A] suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- Dubois, No. 2:22-cv-04606 (D.N.J. Nov. 3, 2025).(the mere existence of a federal tax lien does not suffice to present a federal question)
- James, No. 2:22-cv-01383 (W.D. Pa. Oct. 16, 2025).(The Court has an independent and ongoing obligation to ensure that it has subject matter jurisdiction over an action, and to raise the issue sua sponte even when the parties fail to raise it.)
- King v. Cornerstone Med. Servs., No. 2:24-cv-01693 (W.D. Pa. May 14, 2025).(The Court has an independent and ongoing obligation to ensure that it has subject matter jurisdiction over an action, and to raise the issue sua sponte even when the parties fail to raise it.)
- Roberts v. Philips Respironics Inc, No. 2:23-cv-01027 (W.D. Pa. May 14, 2025).(The Court has an independent and ongoing obligation to ensure that it has subject matter jurisdiction over an action, and to raise the issue sua sponte even when the parties fail to raise it.)
- City of Philadelphia v. Bradley, No. 2:24-cv-00116 (E.D. Pa. Feb. 2, 2024). (It is one of the settled principles of federal jurisdiction jurisprudence that the federal question must appear on the face of the complaint, and that federal jurisdiction cannot be created by anticipating a defense ba…)
- Cmty. Found. Med. Grp. v. Cmty. Health Partners, Corp., No. 1:23-cv-01452 (E.D. Cal. Jan. 24, 2024).([A] suit arises under the Constitution and 7 laws of the United States only when the plaintiff’s statement of his own cause of action shows 8 that it is based upon those laws or that Constitution.)
- Simmons v. Isanthe LLC, No. 5:23-cv-00470 (M.D. Ga. Dec. 29, 2023).([U]nless the face of a plaintiff’s complaint states a federal question, a [d]efendant may not remove a case to federal court on [a federal-question] basis, even though a possible defense might involve a federal questio…)
Show 211 more citing cases
- (PC) Crane v. Lopez, No. 1:22-cv-00922 (E.D. Cal. June 29, 2023).([A] suit arises under the Constitution and 18 laws of the United States only when the plaintiff’s statement of his own cause of action shows 19 that it is based upon those laws or that Constitution.)
- Boitet v. Perry, No. 8:23-cv-00585 (M.D. Fla. Mar. 16, 2023). (It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.)
- Ruiz v. Ringling Coll. of Art & Design, Inc., 656 F. Supp. 3d 1340 (M.D. Fla. 2023).published(A case does not arise under federal law unless a federal question is presented on the face of plaintiff’s complaint)
- Certain Underwriters at Lloyds London Syndicate 1861 v. Daileader, No. 1:22-cv-02038 (S.D.N.Y. Jan. 13, 2023).(It is not enough that the plaintiff alleges some anticipated (federal] defense to his cause of action. .. .)
- H&N Constr. Inc v. Tarkett USA INC, No. 3:22-cv-00242 (N.D. Ala. Oct. 31, 2022).([A] court must zealously insure that jurisdiction exists over a case, and should itself raise the question of subject matter jurisdiction at any point in the litigation where a doubt about jurisdiction arises.)
- Gay v. United Servs. Auto. Ass'n, No. 5:19-cv-00755 (W.D. Okla. June 11, 2021).([W]here an entity has not properly been made a party in state court, removal jurisdiction cannot be premised on its presence in the action.)
- Dupervil v. All. Health Operations, LLC, 516 F. Supp. 3d 238 (E.D.N.Y. 2021).published([A] suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- Jonathan Okere v. United States, 983 F.3d 900 (7th Cir. 2020).published (In the main, a claim ‘arises under’ the law that creates the cause of action.)
- Johnson v. Doe, No. 2:19-cv-13720 (E.D. La. July 21, 2020).([A] suit arises under federal law if there appears on the face of the complaint some substantial, disputed question of federal law.)
- Amanda M. Peidlow, n/k/a Marlana Rexford v. Peter T. Williams, Vera A. Williams, & Waska A. Williams Jr., Native Vill. of Barrow v. Peter T. Williams; Amanda M. Williams, n/k/a Marlana Rexford; Vera A. Williams; & Waska A. Williams Jr., 459 P.3d 1136 (Alaska 2020).published (We do not deem it necessary, however, to consider either of these questions [raised on appeal], because, in our opinion, the court below was without jurisdiction of the cause.)
- City of McComb Ms v. Myers, 122 F. App'x 698 (5th Cir. 2004).unpublished (It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.)
- Colarossi v. Harris, No. 4:19-cv-00627 (E.D. Tex. Dec. 16, 2019). “although such allegations show that very likely, in the course of the litigation, a question under the constitution would arise, they do not show that the suit, that is, the plaintiff's original cause of action, arises…”
- (PC) Guillen v. Carrillo, No. 1:19-cv-00946 (E.D. Cal. Aug. 8, 2019).([A] suit arises under the Constitution and laws of the United States only when the 8 plaintiff's statement of his own cause of action shows that it is based upon those laws or that 9 Constitution.)
- Chestnut v. Merrill, 356 F. Supp. 3d 1351 (N.D. Ala. 2019).published ([I]t is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded.)
- In re Grand Jury Subpoena, 912 F.3d 623 (D.C. Cir. 2019).published (Neither party has questioned that jurisdiction, but it is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded.)
- United States v. Armijo-Banda, 352 F. Supp. 3d 703 (W.D. Tex. 2018).published ([I]f the order is void on its face for want of jurisdiction, it is the duty of this and every other court to disregard it.)
- United States v. Lopez-Urgel, 351 F. Supp. 3d 978 (W.D. Tex. 2018).published ([I]f the order is void on its face for want of jurisdiction, it is the duty of this and every other court to disregard it.)
- Wright v. Musanti, 887 F.3d 577 (2d Cir. 2018).published (Under the longstanding well-pleaded complaint rule, ... a suit 'arises under' federal law ... 'only when the plaintiff's statement of his own cause of action shows that it is based upon [federal law].')
- Veneruso v. Mount Vernon Neighborhood Health Ctr., 933 F. Supp. 2d 613 (S.D.N.Y. 2013).published (It is not enough that the plaintiff alleges. some anticipated defense to his cause of action and asserts that the defense is invalidated by some provision of the Constitution of the United States.)
- Firstenberg v. City of Santa Fe, 696 F.3d 1018 (10th Cir. 2012).published (It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution....)
- Stewart v. Atwood, 834 F. Supp. 2d 171 (W.D.N.Y. 2012).published(a suit arises under the Constitution and laws of the United States only when the plaintiffs statement of his own cause of action shows that it is based upon those laws of that Constitution. It is not enough that the pl…)
- Royal Cosmopolitan, LLC v. Star Real Est. Grp., LLC, 629 F. Supp. 2d 594 (E.D. La. 2008).published ([A] suit arises under the Constitution and laws of the United States only when the plaintiffs statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- Parlin v. DynCorp Int'l, Inc., 579 F. Supp. 2d 629 (D. Del. 2008).published (It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States.)
- Weckesser v. Chicago Bridge & Iron, 278 F. App'x 295 (5th Cir. 2008).unpublished ([A] suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- York v. Day Transfer Co., 525 F. Supp. 2d 289 (D.R.I. 2007).published ([A] suit arises under the Constitution and laws of the United States only when the plaintiffs statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- Hoskins v. Bekins Van Lines, 343 F.3d 769 (5th Cir. 2003).published ([A] suit arises under the Constitution and laws of the United States only when the plaintiffs statement of his own cause of action shows that it is based upon those laws or that Constitution.)
- Gannett River States Publ'g Corp. v. Mississippi State Univ., 945 F. Supp. 128 (S.D. Miss. 1996).published “although such allegations show that 131 very likely, in the course of the litigation, a question under the constitution would arise, they do not show that the suit, that is, the plaintiffs original cause of action arise…”
- William C. Kelly, III v. United States, 29 F.3d 1107 (7th Cir. 1994).published (Neither party has questioned that jurisdiction, but it is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. This duty we have freq…)
- Yuille v. Am. Home Mortg. Servs., Inc., 483 F. App'x 132 (6th Cir. 2012).unpublished ([n]either party has questioned ... jurisdiction, but it is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. This duty we have fre…)
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- Gonzalez Flavell v. Kim, No. 2021-0115 (D.D.C. Mar. 7, 2022).published
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- Melvin v. Lowther-mertz, No. 1:25-cv-13424 (D.N.J. July 23, 2025).
- Smallhold, Inc., No. 24-10267 (Bankr. D. Del. July 29, 2025).
- Smallhold, Inc. v. Mountain Meadow Mushroom Farms, No. 25-50393 (Bankr. D. Del. July 29, 2025).
- Mountain Meadow Mushroom Farms v. SMALLHOLD, INC., No. 25-50491 (Bankr. D. Del. July 29, 2025).
- McBride v. Hous. Auth. of the Cnty. of Jackson, No. 3:25-cv-01025 (S.D. Ill. Aug. 6, 2025).
- Kelly v. Grace Fam. P'ship, No. 3:25-cv-00592 (M.D. La. Aug. 13, 2025).
- Smallhold, Inc., No. 24-10267 (Bankr. D. Del. Aug. 18, 2025).
- Smallhold, Inc. v. Mountain Meadow Mushroom Farms, No. 25-50393 (Bankr. D. Del. Aug. 18, 2025).
- Mountain Meadow Mushroom Farms v. SMALLHOLD, INC., No. 25-50491 (Bankr. D. Del. Aug. 18, 2025).
- Benjamin v. Transp. Risk Solutions Risk Retention Grp. Inc, No. 3:24-cv-00993 (W.D. La. July 30, 2025).
- Poyner v. Caringhouse Projects, Inc., No. 1:24-cv-11066 (D.N.J. Aug. 29, 2025).
- Teagarden v. Warden, Se. Corr. Inst., No. 2:24-cv-03899 (S.D. Ohio Sept. 9, 2025).
- Pama IV Props. LP v. Kevin Cervantes, No. 2:25-cv-07493 (C.D. Cal. Sept. 4, 2025).
- Ajjahnon v. Miller's Ale House, Inc., No. 6:25-cv-01534 (M.D. Fla. Oct. 1, 2025).
- Kreszowski, No. 3:25-cv-02083 (N.D. Ohio Oct. 27, 2025).
- Thomas Michael Tolbert, Jr. v. Dominion Energy, Inc., No. 3:25-cv-00256 (E.D. Va. Oct. 28, 2025).
- Servider, No. 1:25-cv-03298 (E.D.N.Y. Oct. 28, 2025).
- James, No. 2:25-cv-01781 (W.D. Wash. Nov. 4, 2025).
- Anthony George Bell v. Weinreb Mgmt. LLC, No. 1:25-cv-04207 (E.D.N.Y. Nov. 6, 2025).
- Bob Faler, LLC v. Tyler Bros. Ent., No. 1:25-cv-00346 (S.D. Miss. Nov. 21, 2025).
- Mendez, No. 1:25-cv-00296 (D. Idaho Nov. 24, 2025).
- Capital One v. Sandra D. Bell, No. 7:25-cv-07159 (S.D.N.Y. Oct. 28, 2025).
- Nowak, No. 2:25-cv-08611 (D.N.J. Dec. 19, 2025).
- Plummer v. Gallaudet Univ., No. 2024-0779 (D.D.C. Jan. 13, 2026).published
- Graham, No. 2:22-cv-00224 (W.D. Pa. Jan. 16, 2026).
- State of Louisiana v. Tamara Andrianne Haynes Hardmon, No. 3:26-cv-00059 (W.D. La. Jan. 12, 2026).
- Price v. Auto. Fin. Corp., No. 2025-2333 (D.D.C. Mar. 11, 2026).published
- City of Philadelphia v. Kevin Hand, No. 25-3246 (3d Cir. Mar. 12, 2026).unpublished
- Univ. of North Carolina Hospitals at Chapel Hill v. United Healthcare of North Carolina, Inc., No. 1:25-cv-00107 (M.D.N.C. Mar. 13, 2026).
- Doran, No. 3:25-cv-00215 (N.D. Miss. Mar. 31, 2026).
- Am. Fed'n of State v. SSA, 172 F.4th 361 (4th Cir. 2026).published
- Acton Academy v. Apogee Summit Colorado LLC, No. 1:25-cv-03502 (D. Colo. Apr. 8, 2026).
- Gunter, No. 3:25-cv-00307 (D. Alaska Apr. 23, 2026).
- PromiseOne Bank v. Nehal, LLC, No. 3:25-cv-02948 (S.D. Cal. Feb. 4, 2026).
- Baquero, No. 2:24-cv-07924 (D.N.J. Mar. 10, 2026).
- Tucker, No. 2:25-cv-01613 (E.D. La. May 27, 2026).
- Jones, No. 1:26-cv-03223 (N.D. Ga. June 12, 2026).
- Daniel Litman v. Lowly Palace, LLC, No. 2:26-cv-03404 (C.D. Cal. July 7, 2026).
- Walker, No. 1:25-cv-00116 (M.D. Ala. July 9, 2026).
- Collins, No. 1:26-cv-00134 (M.D. Ala. July 9, 2026).
- State of Texas v. Galveston Indep. Sch. Dist., No. 3:25-cv-00378 (S.D. Tex. July 10, 2026).
- Shareef Jandali Plastic Surgery LLC v. Cigna Health & Life Ins. Co., No. 3:25-cv-01168 (D. Conn. July 21, 2026).
- Peachtree Crossing Investors LLC v. Dewitt Washington, No. 5:26-cv-00116 (M.D. Ga. July 15, 2026).
- Laurel Lodge v. Peter Judson, No. 4:26-cv-00204 (S.D. Ga. Aug. 4, 2026).
- Dalton, No. 1:26-cv-00163 (W.D. Mich. Sept. 18, 2026).
- Rogers v. Roxana Church of the Nazarene, No. 3:24-cv-01451 (S.D. Ill. Aug. 19, 2024).
At page 153 Determining federal jurisdiction from well-pleaded complaint11 citing casesholding that federal jurisdiction must arise from the face of a well-pleaded complaint
- Muoneke v. Compagnie Natl Air, No. 08-20227 (5th Cir. Aug. 19, 2009).unpublished
- Penobscot Nation v. Georgia-Pac. Corp., 254 F.3d 317 (1st Cir. 2001).published
- Interstate Petroleum Corp. v. Robert C. Morgan, D/B/A Green Acres Gas & Grocery Vickie L. Morgan, D/B/A Green Acres Gas & Grocery, Interstate Petroleum Corp. v. Robert C. Morgan, D/B/A Green Acres Gas & Grocery Vickie L. Morgan, D/B/A Green Acres Gas & Grocery, United States Court of Appeals, for the Fourth Circuit, 228 F.3d 331 (4th Cir. 2000).unpublished
- North Jefferson Square Assocs. v. Virginia Hous. Dev. Auth., 32 F. App'x 684 (4th Cir. 2002).unpublished
- Interstate Petroleum v. Morgan, No. 97-1409 (4th Cir. Nov. 13, 2000).published
- Morrison v. JSK Transp., Ltd., No. 3:20-cv-01053, 2021 WL 857343 (S.D. Ill. Mar. 8, 2021).
- E. Express, Inc. v. Pete Rahn Constr. Co., 554 F. Supp. 3d 960 (S.D. Ill. 2021).published
- Shock v. LAC Logistics, LLC, No. 1:24-cv-00083 (N.D. Ind. Apr. 16, 2024).
- Bromley v. Jersey Urology Grp., P.A., No. 1:21-cv-00325 (D.N.J. July 13, 2021).unpublished
- Shukla v. Univ. of Pennsylvania Health Sys., No. 2:20-cv-05634 (E.D. Pa. Jan. 26, 2021).
Show 1 more citing case
- OneMain Fin. Grp., LLC v. Sean M Mead, No. 2:25-cv-03433 (C.D. Cal. June 11, 2025).
At page 154 Determining federal question when defense is the issue9 citing casesdenying federal jurisdiction where the “Federal question” was merely what “the defense of defendants would be
- Green Valley Special Util Dist v. Donna Nelson, 969 F.3d 460 (5th Cir. 2020).published
- Plumbing Indus. Bd. v. E.W. Howell Co., 126 F.3d 61 (2d Cir. 1997).published
- Askari v. Taj & Ark, LLC, No. 2:22-cv-00984 (D.N.M. Feb. 27, 2023).
- Boulanger v. Marriott Int'l, Inc., No. 1:21-cv-00315 (D.N.M. May 31, 2023).
- Michael D. Zuniga v. Centurion Consulting Servs., LLC, No. 5:23-cv-01985 (C.D. Cal. June 5, 2024).
- Drum v. Milan Police Dep't, No. 1:24-cv-00587 (D.N.M. July 30, 2024).
- Dicasimirro v. GETMYBOAT, INC., No. 2:24-cv-05851 (E.D. Pa. Nov. 14, 2024).
- DeWitte v. USAA Ins. Agency, No. 1:25-cv-00191 (D.N.M. Apr. 30, 2025).
- Davis, No. 5:25-cv-00151 (W.D. Va. June 30, 2026).
Although such allegations show that very likely, in the course of the litigation, a question under the Constitution would arise, they do not show that the suit, that is, the plaintiff’s original cause of action, arises under the Constitution.
- Colarossi v. Harris, No. 4:19-cv-00627 (E.D. Tex. Dec. 16, 2019). (Although such allegations show that very likely, in the course of the litigation, a question under the Constitution would arise, they do not show that the suit, that is, the plaintiff’s original cause of action, arises…)
- Gannett River States Publ'g Corp. v. Mississippi State Univ., 945 F. Supp. 128 (S.D. Miss. 1996).published (Although such allegations show that *131 very likely, in the course of the litigation, a question under the Constitution would arise, they do not show that the suit, that is, the plaintiffs original cause of action ari…)
At page 150 Defining jurisdictional boundaries and contractual rights3 citing casesplaintiffs asserted contractual right based solely on state law
- Stone v. Stone, 632 F.2d 740 (9th Cir. 1980).published
- Saunders v. Saunders, No. 3:18-cv-00960 (S.D. W. Va. May 24, 2018).
“if the order is void on its face for want of jurisdiction, it is the duty of this and every other court to disregard it.”
- United States v. Armijo-Banda, 352 F. Supp. 3d 703 (W.D. Tex. 2018).published “if the order is void on its face for want of jurisdiction, it is the duty of this and every other court to disregard it.”
- United States v. Lopez-Urgel, 351 F. Supp. 3d 978 (W.D. Tex. 2018).published “if the order is void on its face for want of jurisdiction, it is the duty of this and every other court to disregard it.”
Other citing cases
- Hill v. Davis, No. 1:18-cv-00287 (S.D. Ala. Mar. 6, 2019).
- In re Lipitor Antitrust Litig., 855 F.3d 126 (3d Cir. 2017).published
- Devon Energy Prod. Co. v. Mosiac Potash Carlsbad, Inc., 693 F.3d 1195 (10th Cir. 2012).published
- Pennsylvania v. Eli Lilly & Co., 511 F. Supp. 2d 576 (E.D. Pa. 2007).published
- Philip Barbara v. New York Stock Exch., Inc., 99 F.3d 49 (2d Cir. 1996).published
- Anderson v. John Morrell & Co., 830 F.2d 872 (8th Cir. 1987).published
v.
Mottley
after making the foregoing statement, delivered the opinion of the court.
Two questions of law were raised by the demurrer to the bill, were brought here by appeal, and have been argued before us. They are, first, whether that part of the act of Congress of June 29, 1906 (34 Stat. 584), which forbids the giving of free passes or the collection of any different compensation for transportation of passengers than that specified in the tariff filed, makes it unlawful to perform a contract for transportation of persons, who in good faith, before the passage of the act, had accepted such contract in satisfaction of a valid cause of action against the railroad; and,- second, whether the statute, if it should be construed to render such a contract unlawful, is in[*152] violation of the Fifth Amendment of the Constitution of the United States.n We do not deem it necessary, however, to consider either of these questions, because, in our opinion, the court below was without jurisdiction of the cause. Neither party has questioned that jurisdiction, but it is the duty of this court to see to it that the jurisdiction of the Circuit Court, which is defined and limited by statute, is not exceeded. This duty we have frequently performed of our own motion. Mansfield, &c. Railway Company v. Swan, 111 U. S. 379, 382; King Bridge Company v. Otoe County, 120 U. S. 225; Blacklock v. Small, 127 U. S. 96, 105; Cameron v. Hodges, 127 U. S. 322, 326; Metcalf v. Watertown, 128 U. S. 586, 587; Continental National Bank v. Buford, 191 U. S. 119.
There was no diversity of citizenship'and it is not and cannot be suggested that there was any ground of jurisdiction, except that the case was a “suit . .- . arising under the Constitution and laws of thé United States.” ' Act of August 13, 1888, c. 866, 25 Stat. 433,434. It is the settled interpretation of these words, as used in this statute, conferring jurisdiction, that a suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough that the plaintiff alleges some anticipated defense to his cause of action and asserts that the defense is invalidated by some provision of the Constitution of the United States. Although such allegations show that very likely, in the course of the litigation, a question under the Constitution would arise, they do not show that the suit, that is, the plaintiff’s original cause of action, arises under the Constitution. In Tennessee v. Union & Planters’ Bank, 152 U. S. 454, the plaintiff, the State of Tennessee, brought suit in the Circuit Court of the United States to recover from the defendant certain taxes alleged to be due under the laws of the State. The plaintiff alleged that the defendant claimed an immunity from the taxation by virtue of its charterj and that therefore the tax was void, because in violation of the provision of the Constitution of the United[*153] States, which forbids any State from passing a law impairing the obligation of contracts. The cause was held to be beyond the jurisdiction of the Circuit Court, the court saying, by Mr. Justice Gray (p. 464), “a suggestion of one party, that the other will or may set up a claim under the Constitution or laws of the United States, does not make the suit one arising under that Constitution or those laws.” Again, in Boston & Montana Consolidated Copper & Silver Mining Company v. Montana Ore Purchasing Company, 188 U. S. 632, the plaintiff brought suit in the Circuit Court of the United States for the conversion of copper ore and for an injunction against its continuance. The plaintiff then alleged, for the purpose of showing jurisdiction, in substance, that the defendant would set up in defense certain laws of the United States. The cause was held to be beyond the jurisdiction of the Circuit Court, the court saying, by Mr. Justice Peckham (pp. 638, 639).
“It would be wholly unnecessary and improper in order to prove complainant’s cause of action to go into any matters of defence which the defendants might possibly set up and then attempt to reply to such defence, and thus, if possible, to show that a Federal question might or probably would arise in the course of the trial of the case. To allege such defence and then make an answer to it before the defendant has the opportunity to itself plead or prove its own defence is inconsistent with any known rule of pleading so far as we are aware, and is improper.
“The rule is a reasonable and just one that the complainant in the first instance shall be confined to a statement of its cause of action, leaving to the defendant to set up in his answer what his defence is and, if anything more than a denial of complainant’s cause of action, imposing upon the defendant the burden of proving such defence.
“Conforming itself to that rule the complainant would not, in the assertion or proof of its cause of action, bring up a single Federal question. The presentation of its cause of action would not show that it was one arising under the Constitution or Jaws of the United States,
[*154] “The only way in which it might be claimed that a Federal question was presented would be in the complainant’s statement of what the defence of defendants would be and complainant’s answer to such defence. Under these circumstances the case is brought within the rule laid down in Tennessee v. Union & Planters’ Bank, 152 U. S. 454. That case has been cited and approved many times since, . . .”
The interpretation of the act which we have stated was first announced in Metcalf v. Watertown, 128 U. S. 586, and has since been repeated and applied in Colorado Central Consolidated Mining Company v. Turck, 150 U. S. 138, 142; Tennessee v. Union & Planters’ Bank, 152 U. S. 454, 459; Chappell v. Waterworth, 155 U. S. 102, 107; Postal Telegraph Cable Company v. Alabama, 155 U. S. 482, 487; Oregon Short Line & Utah Northern Railway Company v. Skottowe, 162 U. S. 490, 494; Walker v. Collins, 167 U. S. 57, 59; Muse v. Arlington Hotel Company, 168 U. S. 430, 436; Galveston &c. Railway v. Texas, 170 U. S. 226, 236; Third Street & Suburban Railway Company v. Lewis, 173 U. S. 457, 460; Florida Central & Peninsular Railroad Company v. Bell, 176 U. S. 321, 327; Houston & Texas Central Railroad Company v. Texas, 177 U. S. 66, 78; Arkansas v. Kansas & Texas Coal Company & San Francisco Railroad, 183 U. S. 185, 188; Vicksburg Waterworks Company v. Vicksburg, 185 U. S. 65, 68; Boston & Montana Consolidated Copper & Silver Mining Company v. Montana Ore Purchasing Company, 188 U. S. 632, 639; Minnesota v. Northern Securities Company, 194 U. S. 48, 63; Joy v. City of St. Louis, 201 U. S. 332, 340; Devine v. Los Angeles, 202 U. S. 313, 334. The application of this rule to the case at bar is decisive against the jurisdiction of the Circuit Court.
It is ordered that the
Judgment be reversed and the case remitted to the Circuit Court with instructions to dismiss the suit for want of jurisdiction.