The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-25
OPINION OF ALBERT VOORHEES,.
Jurisdiction of State Courts to Natural
lied Aliens.

The question at issue is whether the Second
District Court of Orleans-a district court crea-
ted by the Constitutions competent to natural
ize aliens.
l. The act of Congress of March 26th, 1890,
| conferred that power upon any Common Lar
Court Of record an any one Of the States" Gu.
S. stat. at large vol. l, p. 1872
2. That statute repealed by the act OF
January 29th, 1895 Ibid p. al4.)
The act o. 1895 eonfers naturalization jurisdic-
| ton on certain courts enumerated by name the
| Supreme SUPERIOR District or Circuit Courts OF
some of the States or of the Territories north
west or south of the River Ohio; or Circuit
Court or District COat5f of the United States
| Not word as to the jurisdiction of these State
courts And the requirement of common law
jurisdiction, inserted iii the act of 1890, is ex-
pressly repealed by section fourth OF the act Of
| 1895.
The Federal jurisdiction thus conferred was
vested in State courts go noaine, without refer
ence to their local jurisdiction.
| 3. Difficulties arose, however: local courts
not included go nomiae in the enumeration OF
Supreme, Superior, Circuit or District Court,
nevertheless claimed and exercised jurisdiction
| in matters OF naturalization.
| To remedy this evil, Congress passed the Act
| of April 1ith, 1874 in which is contained the fol-
lowing enacting section: "And rhereas doatts
haze arisen rletl,ey certain courts Of record in
some Of The States are Included IN the description
| Of District or CjrcuU courts: Be it further en-
acted that any Court of Record in any individual
and1 Clerk or Prothonotary, shall be considered
as District Court ,citein the meaning Of Mis Act:
and era'y olien arito may haze been nateuolized
IN any such Court, shaQ ENJOY, j1.o" and gtter ne
leges, as if he had been natulalized in a Dis
trlct of Circuit Court of the United States
This section does not limit or curtai the jurls-
diction already rested in District OF Circuit
Courts, but expressly extends the same power to
other local courts. The preamble refers to
other than District and Circuit Courts, and the
section provides significantly that any such other
courts having the stated requirements, sShGN be
considered a District Court ,cihin the meaning
| OF this act
Observe that the act OF 1890 did not confer the
power to naturalize aliens upon any court by
name, but by reference TO its local jurisdiction;
that the repeating act Of 1885, ignores the matter
of the local jurisdiction, and indicates certain
| courts by name, to wit:
Supreme, Superior, District and Circuit Courts.
and finally that the Statute of 1902 again indi-
Gates the same courts BY name and, by an add
tional section, it extends the same jurisdiction &c
| enumeration.
Thus all District and Circuit Courts are ex-
pressly embraced III the Statute, but not county
courts, city courts and osher such local courts:
In the latter category. as they are not included
BY name. the matt of local jurisdiction becomes
essential; they must be common law courts O
record. with a seal and clerk. With these requi
SITES under the enabling section, any such court
sFtda he co,esidereI as Dtstrtct Court rtthu
| tie meaning OF this act"
4. The act OF 1895, as amended by the act o.
1902 confers powers OF naturalization.
| l. pom Supreme, Superior, Circuit and DIS
trict Courts of the States aonaihe, without re-
ference to their general or peculiar State juris
diction; and
2. Upon all other State Courts of record, hav
inc common law jurisdiction, seal and clerk
The Second Dissrctt Court Of New Orleans
comes 60 non,ine ind the first class or cate
CORY; and, as such it competent to naturaliz'
| aliens.
1t SO happens, however, that it is embraced il
record rec with seal = clerk, and it takes cog
nizance Of actions which are said to be at com
mo-. lo.r. They are bPusht on promises to pay
or on contracts to Cd rec specific payments OF
open accounts; on shts Ct specific perform perform
anee On open o on cl sgm.s or o,
arising from I'D include nearly all cases
where s,sfn8 81 is demanded by virtue O
express contract OF hcit obligation"
See opinion Of I. Whaton Colleiis and authorl
ties there quoted. ALBERT VOORHEES,.