Question juridique clé
Whether the Federal Court had jurisdiction over a direct civil action against the Canton of Appenzell I. Rh. for return of the deposited securities.
Solution extraite
The case was not a civil dispute against the canton as a private-law subject; the canton acted only through its administrative authority, and any civil claim would lie against the private beneficiaries of the guardianship arrangement. The Federal Court therefore lacked jurisdiction.
Motifs extraits
Under Art. 27 no. 4 of the Federal Judiciary Act, jurisdiction existed only if a civil dispute with a canton was present. Here the canton asserted no private-law right in the securities; the Standeskommission had disposed of them solely as an organ of state administration in a guardianship context. The action was thus misdirected against the canton.