Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-01-11
Civic Problems, Civic Bodies
Vital Legal Rights Denied District;
Cannot Sue or Be Sued in y. S. Courts
By Jesse c. Suffer
By Jesse c. Suffer

Appellate Court Rules D. C. Out Of U. S. Courts
ss which g he assnn
Act 1910 unconstitutional leaving Of Column
snsa shs fhs 50
the s sue and Be sued in the Federal courts
s = s and citizens
blow the chin ., d tass ea asp
when TIE national an.
enaon mung socaed one rule p pro mhea
Columbia
For many and patriotic citizens the
amendment the Constitution which would
with the elect their senators and a
aS de s 1s as4a
included provision that the judicial power
s, s to ghss
the effectiveness of the avynne Act at the
time Of its
By Article section the it is provided that the
pEer de ss this the laws the United States and
treaties made which shall be made under their AUTHORITY a to
citizen Of another State between
sSs;se state or 'As '''S' ''s's' ana '''''S ~ l@
Chief Justice John Marshas treatment of the pr s na
national develops yvy these judicial dis ana In
held that in
Citizens could not bring states courts
neodore Noyes hearing before the Senate District Com
In this case Chief Marshall said:
Constitution necessary
u s s dnen ct hs
the only are the sa states and f
that particular jurisdiction Congress
Union should sa, be closed
aaen T Ta consistently
The Act amending the United States
with the ion m ao1 by e
The intent Of the act was against
the the citizens Of the District coluHbia.
decisions on GWyn
the awynne Act has been @ ae e
In two cases Federal circuit courts Of ap
recent before the appellate x.s courts ns he
in the Seventh Federal Appeals Chicago De
Saona Il Mutual se ha Co. Of the
the he. Fourth anns o G tne e GaH
more npP Federal District Court Citations
Through Of The United States s h0 w @ G rs
This information supplied for ready reference Of
Those in which valid wnkler
Daniels 1885, and Chaser Acacia Mutu" Lite Insurance.
which the avynne Act was de-
shsssm - supp s9 sss nfh,sFt D. 2 81
supp sidney s. schupper u r Supp $685. and Wills
judicial code | valid in
% the
the District Of Columbia not It ned uhf b
power extend between citizens Of
from enumerated
in the provision"
Hami in the Federalst.
Hamilton, in the Federaist No Xxx considering the proper
Federal classes OF to which
last Of his fifth point
lastly all those which the State tribunals cannot
impartial and unbiased. -"
esteemed the basis Of the Union That
entitled all the privileges and
citizens Of the several States And If be qst rim @
will follow that order the
privileges mmunties to which the
entitled the national judiciary ought 10
State its citizens are opposed to
citizens.
secure fundamental provision against all
committed which, local attachments VIII De
different States and their CITIZENS
and which to the Union will never be likely TO
feel the principles on which Is 1ouhoo
Views n State Conventions
the Constitution contain much worthwhile IN
when the Constitution
being Quotations from few ct these
pertinent to the present
will found be necessary
Impartial leading feature i'll this Constitution 1t pvades he
controversy with announcer otae,
to be tribunal both parties may stand on just ana quai
footing"
In Carolina Gen. Charles Cotesworth
important difficulty in jury trials OF cases
different States He said In dispute between
Carolina citizen OF Georgia. 70
they to be drawn from both or
choose to be summoned 10
their home and II the jury Is to De
drawn from the state in Congress citizens
Negro property should be tired by tne
Of those States that
that State cannot obtain an
the sake of justice he should nave g
appeal to judiciary of the United States TO OBTAIN re-
= 80
amendment pro-
section clause IT. by Mr. Smith, when the JUDICIAL
Constitution under