Key legal question
Whether the federal civil appeal under Arts. 29-30 of the Federal Judiciary Act was admissible
Extracted holding
No. The dispute concerned a cantonally regulated restriction on legal capacity, not a matter to be decided by cantonal courts under federal substantive law; review lay, if at all, by state constitutional complaint.
Extracted reasoning
Arts. 29-30 confer civil jurisdiction only for disputes governed by federal law. Here the legality of the kancelary ban depended on cantonal law. The reference to Arts. 5 and 8 of the federal act on personal capacity did not change this, because that act limits cantonal law but does not itself positively regulate the grounds for incapacity. Therefore the proper remedy was a state-law recourse under Art. 59 OG, not a civil appeal.