Posted by Paul Andrew Mitchell, B.A., M.S. on April 15, 1998 at 00:58:35:
In Reply to: Does 28 U.S.C. 451 destroy "Karma"? Answer: NO! posted by Paul Andrew Mitchell, B.A., M.S. on April 15, 1998 at 00:54:44:
By mistake, I omitted the full cite
to McAllister:
McAllister v. U.S.
141 U.S. 174, 11 S.Ct. 949,
35 L.Ed. 693 (1891)
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness
and Private Attorney General
:
: Here are more pertinent authorities in re
: the two classes of federal district courts:
: 8. District courts of United States--
: Generally
: Term "District Court of the United States,"
: standing alone indicates only constitutional
: courts. U.S. v. King, 119 F.Supp. 398 (1954),
: 14 Alaska 500
: [28 U.S.C.A. 451, Notes of Decisions]
:
: "This title", as used in said section 451
: [of the Judiciary Code] must refer to Title 28,
: the Title in which the Tucker Act appears;
: and Alaska [had] no court constituted by
: said Chapter 5 [in the year 1954].
: [U.S. v. King, 119 F.Supp. 398
: (D.C. Alaska 1954)]
:
: In 1891, the U.S. Supreme Court reviewed
: a number of pertinent cases on this point,
: as follows:
: "... [U]pon the theory that a territorial court
: is one of those mentioned in article three
: of the Constitution ... numerous decisions
: of this [Supreme] court are inconsistent with
: that theory. To these decisions we will now
: advert."
: citing:
: * American Insurance Co. v. 356 Bales of Cotton,
: 26 U.S.(1 Pet.) 511, 546,
: 7 L.Ed. 242, 256
: * Benner v. Porter,
: 50 U.S. (9 How.) 235, 242, 243,
: 13 L.Ed. 119, 123
: * Clinton v. Englebrecht,
: 80 U.S. (13 Wall.) 434, 447,
: 20 L.Ed. 659, 662
: * Hornbuckle v. Toombs,
: 85 U.S. (18 Wall.) 648, 655,
: 21 L.Ed. 966, 967
: * Good v. Martin,
: 95 U.S. 90, 95,
: 24 L.Ed. 341, 343
: * Reynolds v. U.S.,
: 98 U.S. 145, 154,
: 25 L.Ed. 244, 246
: * The City of Panama,
: 101 U.S. 453, 460,
: 25 L.Ed. 1061, 1064
: "These cases close all discussion here as to
: whether territorial courts are of the class
: defined in the third article of the
: Constitution. It must be regarded as settled
: that courts in the Territories, created under
: the plenary municipal authority that Congress
: possesses over the Territories of the United
: States, are not courts of the United States
: [sic] created under the authority conferred
: by that article."
: [McAllister supra]
:
: "Two classes of courts are created in the
: federal system for the exercise of the
: necessary original jurisdiction, but in the
: Territory, as provided in the Organic Act,
: there is but one class of courts created
: for that purpose."
: [The City of Panama supra at page 1063]
:
: I hope this helps.
:
: Sincerely yours,
: /s/ Paul Andrew Mitchell, B.A., M.S.
: Counselor at Law, Federal Witness
: and Private Attorney General