Snook v. Industrial Commission of Illinois, 2858.
| Decision Date | 02 November 1934 |
| Docket Number | No. 2858.,2858. |
| Citation | 9 F. Supp. 26 |
| Parties | SNOOK v. INDUSTRIAL COMMISSION OF ILLINOIS et al. |
| Court | U.S. District Court — Eastern District of Illinois |
Beasley & Zulley, of East St. Louis, Ill., for plaintiff.
D. S. Lansden, of Cairo, Ill., for defendants.
After reflection upon the question as to the removability of an Illinois Workmen's Compensation case from the state circuit court to this court, and after giving consideration to the oral arguments of counsel and the cases cited therein, I have come to the conclusion that such case is not properly removable. A study of the act itself has led me to this conclusion. The cases cited in the arguments of counsel were helpful in arriving at the general principles of law involved, but none wherein the question of removability arose dealt with a statute such as we have here.
It seems to me that the right of compensation created by the state of Illinois in its Workmen's Compensation Law is so inseparable from and united with the remedy provided as to make necessary its enforcement in the precise manner and in the particular tribunals prescribed by the statute. Whether the limited jurisdiction conferred by the statute upon the circuit court, not to try the case de novo, but simply to review questions of law and fact presented by the record of the Industrial Commission, coupled as it is with the duty in proper case to remand to the Industrial Commission with directions, can be said to be a civil suit at law within the meaning of the Removal Act (Jud. Code § 28 (28 USCA § 71), is open to question. The court is not given the cause with unhampered right in the exercise of its powers as a court of general jurisdiction to arrive at or declare the remedy provided by the statute, but its jurisdiction and powers are confined within comparatively narrow limits. Such limitation includes, in connection with the powers given, the duty of directing further administrative action on the part of the Industrial Commission when necessary.
I quote parts of the Illinois Workmen's Compensation Act having to do with the jurisdiction of the circuit court:
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Collins v. Public Service Commission of Missouri
...such actions as could have been brought in a Federal Court, and, hence, are not removable to a Federal Court. Snook v. Industrial Commission of Illinois, D.C. Ill., 9 F.Supp. 26; Elsas v. Montgomery Elevator Co., D.C.Mo., 38 F.2d 303; Decker v. Spicer Manufacturing Co., D.C. Ohio, 101 F.Sup......
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...65 F.Supp. 291. Removability was denied in certain cases. Elsas v. Montgomery Elevator Co., D.C., 38 F.2d 303; Snook v. Industrial Commission of Illinois, D.C., 9 F.Supp. 26; Decker v. Spicer Manufacturing Division of Dana Corp., D.C., 101 F.Supp. 207. But in each of those cases, the workme......
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...of the administrative proceedings and are not such actions as could have been brought in a Federal Court. * * * Snook v. Industrial Commission of Illinois, D.C.Ill., 9 F.Supp. 26; Elsas v. Montgomery Elevator Co., D.C.Mo., 38 F.2d 303; Decker v. Spicer Manufacturing Division of Dana Corp., ......