Headnote from Daly v. The National Life Insurance Company of the USA


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Posted by Paul Andrew Mitchell, B.A., M.S. on September 18, 1998 at 23:13:34:

In Reply to: What addresses are federal? posted by Paul Andrew Mitchell, B.A., M.S. on September 17, 1998 at 21:39:19:


Same. -- Congress as a Local Legislature. -- Constitutional Law.
-- An act of Congress creating a private corporation is the act
of Congress as the local Legislature of the District of Columbia;
as Congress can not, under the federal constitution, as the
Congress of the United States, create a private corporation.


Paul Mitchell comments:

On the basis of this decision, it is easy to
understand why the Union Pacific Railroad Company
was also a "foreign corporation" with respect
to a Citizen of New York state, because that
corporation had originally been chartered by
Congress -- to build a railroad through the
Utah territory. At that time, Utah was a
territory, and not a Union state. Thus, one of
Frank Brushaber's mistakes, in the case of
Brushaber v. Union Pacific Railroad Company,
was to allege that this corporation had been
chartered by the State of Utah. In the book
"The Federal Zone," we prove his error --
by citing the exact Act of Congress which
created the Union Pacific Railroad Company.

Treasury Decision 2313 misspelled "Railroad"
as "Railway". "Railroad" is correct.

In the Daly case, the defendant is clearly
misnamed, because Congress cannot create
a "national" corporation ("of the United
States of America"). Hence, being a
creation of Congress, that corporation was
foreign with respect to the State of Indiana
(and to every other Union state).


Sincerely yours,

/s/ Paul Andrew Mitchell, B.A., M.S.

Counselor at Law, Private Attorney General





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