Posted by Paul Andrew Mitchell, B.A., M.S. on April 15, 1998 at 00:54:44:
In Reply to: Does 28 U.S.C. 451 destroy "Karma"? Answer: NO! posted by Paul Andrew Mitchell, B.A., M.S. on April 09, 1998 at 22:40:31:
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