The high price tree, such as walnut, cherry, and white oak requires equal effort to fell, buck, load and haul as the lower price sycamore and beech tree. The trees which the transient logger cannot sell, or would only sell for a low price will be left in the woods, and the transient logger will move on to another woods, trying to make more money, by removing and selling the higher price tree, for the higher income.

The landowner is not transient. He has one woods to manage. The landowner wants to sell his low price trees and he wants to propagate the high price trees so he will have more of them to sell for his future production. Thus the landowner and the logger have different goals, which seem to clash.

The United States has a trade deficit today. The veneer logs from Kentucky are mostly sold in Japan and Europe. The sale of these expensive trees as export veneer logs help to balance the trade deficit. Kentucky needs more of these to sell. Demand increases as there are fewer trees to sell and foreign countries accumulate more trade dollars.

Kentucky has many unused acres, most of which are suitable for long term tree growth and the resulting production.

We must examine the question of if the violation of jurisdictional limits in a state court are actually constitutional deprivations, which determinations are actually facts to be found by the jury (the factfinder). Thus the state judiciary must not be allowed to hide behind a blanket called "judicial immunity" which precluded the trial to find the facts of the constitutional deprivation. Because the several states do not uniformly protect the individual from this type of constitutional deprivation, I call upon Congress to do so. Congress is better able to adjust the conflicts and balance the national interest, than state courts which rely upon the common law for their judicial immunity. Congress may exercise legislative power even if the judiciary is not prepared to adjudge state [acts] unconstitutional . Morgan supra.