horization was not only sustained in Osborn _v._ Bank of United
States,[300] but an act of incorporation was declared to be a law of the
United States for purposes of jurisdiction in cases involving federal
questions. Consequently, the door was opened to other federally
chartered corporations to go into the federal courts after the act of
1875 vested original jurisdiction generally in the lower courts of such
questions. Corporations, chartered by Congress, particularly railroads,
quickly availed themselves of this opportunity, and succeeded in the
Pacific Railroad Removal Cases[301] in removing suits from the State to
the federal courts in cases involving no federal question solely on the
basis of federal incorporation. The result of this and similar cases was
Congressional legislation depriving national banks of the right to sue
in the federal courts solely on the basis of federal incorporation in
1882,[302] depriving railroads holding federal charters of this right in
1915,[303] and finally in 1925 removing from federal jurisdiction
involving federal questions all suits brought by federally chartered
corporations, solely on the basis of federal incorporation, except where
the United States holds half of the stock.[304]
REMOVAL FROM STATE COURTS OF SUITS AGAINST FEDERAL OFFICIALS
Of greater significance and of immediate importance to the maintenance
of national supremacy are those cases involving State prosecution of
federal officials for acts committed under the color of federal
authority. As early as 1815 Congress provided temporarily for the
removal of prosecutions against customs officials for acts done or
omitted as an officer or under color of an act of Congress, except for
offenses involving corporal punishment.[305] In 1833, in partial answer
to South Carolina's Nullification Proclamation, Congress enacted the
so-called Force Act providing for removal from State courts of all
prosecutions against any officer of the United States or under color
thereof.[306] As a part of the Civil War legislation and limited to the
war period, an act in 1863 provided for removal from State courts of
cases brought against federal officials for acts committed during the
war and justified under the authority of Congress and the
President.[307] The act of 1833, with amendments, has been kept in
force. Since 1948 the United States Code has provided for the removal to
a federal district court of civil actions or criminal prosecuti
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