The avant courier. (Bozeman, Mont.) 1871-1872, 1871-11-09
JUDGE wADE,s DECrsIoN.
Andrew ;. Davis -. samuel L. Watson
E and others.


against Samuel l.. Watson, u. b. Church and
samuel Hart, wherein it is charged that said
Church, as Assessor of United States Internal
Revenue, Samuel Hart, as Deputy Assessor.
and Samuel i. Watson, as Collector of Inter
nal Revenue, iii tile year 1870 and 1871, disi
unjustly, maliciousiy and wronginlly assess
and cafsed to be assessed and collected GER
tain licences. taxes and assessments of, and
from, the said plaintiff (This is a sufficient
statement OF the complaint for the present
purpose.
This suit was colissnenced on the 18th day
or July, 1871. and on the 26th day of October,
1871. and. before the trial or hearing of this
cause, the defendant, Watson, files herein his
petition. asking that this case be transferred
to the calendar of causes arising under the
Constitution and laws of the United States.
and that it be tried AS case in the Circuit
Court q tie United States.
This petition opens the question about
which 50 much has been said. and Of which
so little is known from authority. viz As to
how many courts we have here? Is this a
Territorial, or United States. court? And
what is this jurisdiction. and what form Of
proceeding should herein prevail?
Under the provision OF the Constitution
which provides that Congress shall make all
needful rules and regulations respecting the
Territories of the United States, it may be
safe to say, that the Territories are the crea-
lures of Congress, and that Congress, under
the Constitution and The laws, has the st-
prelne control over them. Exercising this
supreme power, Congress has given to Mon
ta1a an Organic Act, creating temporary
government. This Act creates District
Court. defines its jurisdiction and gives it GER
tain powers. The first six days Of this court
may be devoted to United States business :;
but while transacting any other business it IS
the same court still. here is but one court
here. and that is the court created by the Or
ganic Act. There is no such thing in the
Territory as Il Territorial Court, and cannot
be: The Organic Act establishes the only
courts here. or that can be established here.
viz: The Supreme Court, the District Court,
Probate Courts and Justices of the Peace,
and Congress alone can alter or abolish these
courts. Then. this court is United States
Court. created by statute, and cannot be
added to or taken from by any act OF the
Territory.
The Organic Act also creates the office OF
United States Marshal. and United States
District Attorney. and makes them officers
Of the court, and it may well be supposed
that the object of the Organic Act, in estab-
Iishiug these officers alld providing for the
Of officers thereto, was, that they
should serve the processes of the Court and
offenses against the laws, both
I erritorial and National and it is further be-
lieved that any writ or warrant duly served
by the Marshal would be legally served. 1t
would be just as competent for the Legisla-
ture of the Territory to establish the office
and provide for the election of Territorial
Judge in each county or district. as to estab-
lish the offices of Sheriff or Territorial Dis
trict Attorney, and elect officers thereto. The
Organic Act designed to save ali this expense
to the people. by providing Marshal and
United States District Attorney. But while
the offices of Sheriff and District Attorney
cAiSt ny VII TUG vi 4 tIn thCy tuC
valid officers, and the acts Of these officers are
binding and Of full force and validity; for
they are offices created by the Legislature,
and whatever the Legislature does is valid
and in full force until made void by Congress
or its own action. The Legislature acts only
with delegated powers. That body is simply
an agent Of Congress, and Congress can abro-
gate any of ifs acts.
Then we have in the District composed of
the counties of Lewis and Clarke and Mea-
CHER. United States Court, called in the Or
ranic Acta District Court, and this court is
clothed with certain powers, and among these
powers. is the following: And each of said
District Courts shall have and exercise the
same Jurisdiction in all cases arising under the
Constitution and laws Of the United States,
as is vested il the District and Circuit Courts
Of the United States.
The act under which this petition is filed
provides that in any case. civil or criminal,
where suit shall be commenced i'll any court
of any State. against any officer OF the United
States, appointed under or acting by authority
Of the act to provide Internal Revenue to sup
port the Government it shall be lawful for
The defendant in such suit or prosecution at
any time before trial upon proper petition to
he Circuit Court of the United States, in and
for the district wherein the defendant shall
reside to remove the cause, aud it shall there
upon be entered upon the docket of such
Circuit Court and tried therein. :
The first question presented by this appli-
cation is: Has this Court jurisdiction as a
Circuit Court of the United States in such a
manner as to be capable Of entertaining and
irving the case herein stated? The case we
are considering is a case that arises under the
Constitution and laws OF the United States.
This is not denied. and as to such eases this
Court. under the language Of the Organic Act,
$ to all intents aud purposes a Circuit Court
If the United States for the purpose therein
expressed.
The rev question is: Can a case arising
lnder the Internal Revenue law be taken and
transferred from Territorial Court to State
court? The act authorizing the transfer Of
hose eases provides that they be transferred
Is Therein stated, from a State Court to the
-ircut, Court. Can the same transfer take
,lace som q Territorial Court?
A citizen of the United States residing in
inv OF our Territories does not thereby be-
come deprived of any of his rights under the |
arsE laws Of the Tnifed States i