The new North-west., 1871-11-04
JUDGE WADE'S DECISION.
Andrew ], Davis VI. Sanl'l l.. Watson and
Others.
Petition 10 Remove Cause to Circuit Court.

This IL a suit brought by Andrew J. Davis again.t
Samuel L. Watson, /. B. Church and Samuel Hart,
wherein It r. charged that said Church. as Assessor
rs Deputy Assessor. and Samuel l.. Watson. as Col
ector Of Internal Revenue. in the years 1870 and tS
caused to BE- assessed and collected certain licenses.
taxes and assessments Of and FROM the said plaintiff
GThis is sufficient statement Of the complaint for
This suit was commenced ON the 18th day Of Jnly,
1871 and on the ath day Of October 1871, and before
.on files herein his petition asking that this cs-e be
transferred to the calender Of arising under the
~ sad sMs N 81 es 9H e y s
much has been said, and Of which little is known
from authority, viz: As to how many court we have
here7 And what is its Jurisdiction, and what form Of
Under tic provision of he Constitution which pro-
vides that Congress shall make all neetfu ruee and
regulations respecting the Territories Of the United
the creatures Of Congress- and that Congress, under
the Constitution and the laws, has the supreme
troll over them. Exercising this supreme power Con-
gress has given to Montana nn Organic Act creattn.
temporary government. This net creates District
Court, defines its Jurisdiction and gives it certain
ars Tx OF ts h.. oo Be
any other business 1t is the court st. There IL
one court here and that IL the court created by the
as Territorial Court and cannot be. The Organic
Ac establishes the only courts here, that can be
| tablished here, viz; The Supreme Court. District
Court Probate Courts and Justices Of the Peace and
and Congress alone can alter abolish these courts
Then this court is United States Court. create
statute and canno. be added to or taken from by
The Organic Act also creates the Office Of United
States Marshal and United States District Attorney,
be rappoeed that the obe OF the Organic Act in es.
tablhtng these oces and providing for the appoint
nseDs Of officers thereto, was that they should serve
against the laws both Territorial and National and It
BY the Marshal would b. legally served It would be
70 establish the ONCE and provide for the election Of
Territorial Judge for each county dietric TO
elect oniccrs thereto The Organic Act designed to
s al: and 3ssa s.ss. Ds' x,!S.y
by virtue Ut Territorial law they are valid oces and
the acts Of these officers are binding and Of full force
and validity for they are officers created BY the Leg
and in full forec until made void BY Congress- ii.
:etoa Tss Lee:us only With delegated
Congress can abr0gatc any OF It's acta
Then we have IN the district composed Of the coun
ties Of Lewis and Clark and Meaxhcr United State,
this court ID clothed with certain powers and among
these powers, 10 the following: And each Of sait
Dtrtrct Courts shall have and exercise the same jurs
of the United States :. is vested IN the Distric
and Cfscuit Courts Of the United Staees.n
The Ct under VII; Which The pss.,on Y alsd provide.
commenced in amy court Of any State against any Of
dcer Of the United Statse appointed under acting
:s e s . e .ss ss ~ e; e.
endant IN such sut q prosecution At any time beor
aI upon proper petition to the Circuit Court Of tn
fendant sha reside TO remove the cause, and It shal
tbereopon b entered upon tho docket oe such ccui
cO1It and tried therein. ##
has this court jurisdiction - Circuit Court Of til
United States In such manner = 70 be capable .
cnteEtaining and trying the case herein stated! Th
Constitution and laws of tho United states. This i
NOT densd and - 70 such cases this Court under th
e ss {; Az s. 4 s e 1 intent: .ss
The nsxt question y Can cass arising under th
Tesvitortal 70 State Coalti The Ct authogisin
the tsansf Of these cases provides that they Be tram
fs5ea = Assin stated from State Cosrt % the Gil
cult Court Can ths sans transfer taxa plsos from
isissa q u Ustsd statee residing IN any q o.
Teritortss dos not thereby eeoons deprived q an
. United States. Ard my olAceR has performing q
dn.!ss q any ofees oeaesd 6y esnesl law appscabl
to TIE states a.d T.rieass y easitisd e he :em
resided n ~ statsD. f
asss - - u = 49, : % soosiss !. he % 4:ss
.s "a ssssi . i ssesss9 "a "a. eesssss: ss:
u 0esee - ysuieaiss alke aal 4 voal4 y vss
svs sse . :sss ;sssss = 80 sssssss,e. : "A =
ss.s o.: - -: ~. ~ 9 g pssSs. ~.
. CosII Wa - eosssesesoso q sTantiag this 2
go a.:s O. Isag.. g - pss'alsssr nay =
TAs vssilioa ; eaaisl aa iii 5
III 8s81,