Posted by Paul Andrew Mitchell, B.A., M.S. on October 01, 1998 at 00:33:00:
In Reply to: Re: Dan Meador's letter to Paul Andrew Mitchell, 9/29/98 posted by KatNip on September 30, 1998 at 14:33:51:
: Brushaber v. Union Pacific Railroad Company...was not
: Union Pacific Railroad Company a national corporation
: charted by United States and not of any State?
It was not a "national" corporation;
it was a "federal" corporation.
See Daly v. The National Life Insurance Co.
of the USA, Indiana Supreme Court (1878).
Congress can NOT create a corporation in its
capacity as legislature for the entire nation;
it can ONLY create a corporation in its
capacity as legislature for the federal zone.
Under the Tenth Amendment, the several states
have reserved their right to charter their
own domestic corporations. Utah was a
federal territory when UPRR was first chartered,
and NOT a state of the Union.
Headnotes from the Daly case are found at the
very end of the winning brief in Knox v. U.S.,
at the URL infra. John Knox also pulled
authorities proving that the domicile of any
corporation remains permanently fixed,
regardless of where it may do business.
Thus, UPRR was, and still is, domiciled
inside the federal zone.
So is the USPS, for that matter, using the
rule established in the Daly case.
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness,
and Private Attorney General
Post a Followup