| Show CIRCUIT COURTS OF APPEAL tas fifty birdt congress which closed its doors on the ith ath dinst has passed one bill which gives univ universal eisal satisfaction to the people of the united states this is the bill for the establishment of circuit courts of appeal to relieve thee the i press of business busine ss which so BO burdens the united states supreme court it is probably the most important enactment connected with the history of the federal judiciary which ever emanated from congress this law provides for an intermediate court which will have final juile jurisdiction diction in a large number of cases it wab passed without any reference to party politics democrats vied with republicans and vice versa to make the bill perfect federal courts wherever they have jurisdiction are preferred to the state courts it may be that a centralizing idea is taking hold of the people and that the outcome of it is to look to some imperial centre for relief in all cases of trouble the law to is entitled A bill to establish circuit courts of appeal and to define and regulate in certain cases the jurisdiction of the courts of the united states and for other purposes section 1 of the bill provides for the appointment of an additional circuit judge in each circuit by the president of the united states this judge to be on the same footing as the existing circuit judges section 2 provides for the establishment of a circuit court of appeals in each judicial circuit this court to consist of three ali ree judges two of whom will constitute a quorum this court is em empowered po to prescribe its own form and style of sea seal also abw its processes and procedure as in the case of the U S supreme court it will have a mar shall and clerk with salaries of 2500 and per year respectively Fec section tion 8 provides for what judges are authorized to sit flit in this court of appeals and A nd it demands that a term shall be held annually in each of the nine judicial circuits of the united states section 4 provides that all appeals by writ of error or otherwise from dis die triot ariot courts shall only be subject to re ra view in the supreme court of the united states or in the circuit court of appeals hereby established section 6 5 defines what cases can be taken direct to the supreme court it reads as follows see sec 5 that appeals or writs of error may be taken from the district courts or from the existing circuit curts c direct to tha supreme court in the lae following cases in any case in abl which h the jurisdiction of the court la is in issue in such oases cases the question of jurisdiction alone shau shall he be certified to the supreme court from the court below for decision prom the final sentences and deems decrees in prize prim dues CANN Inease in of conviction of a capitalor capital or otherwise infamous crime in that involves the construction or application of the constitution of the united states in any case in which the constitution of any law of the united states or toe the validity or construction of any treaty blade under its authority is drawn in question 1 in 11 any case ine in which the constitution ot blaw law of a state to is claimed to be in con of the constitution of the united states nothing in this act shall affect thea the juris uris daton atlon of the supreme court in cases appealed from the highest court of a state nw the construction of the statutes providing for review of such cases section 6 defines in what respect the court can exercise it appellate jurisdiction and in how far its final deci lon don extends section 7 regulates procedure for taking oases cases from the lower courts to the circuit court of appeals auction 8 defines de fines the pay of marshals nd notion 9 their duties there are in all fifteen sections in the loe bill it reads as if it were a very perfect document and will no doubt prove a boon to the nation at large under its ite provisions the president harthe appointment of 0 nine persons for circuit court judges it isto be hoped he be will exercise his bis usual caution and nd that hia cewill will select men of ability integrity teg rity and impartiality doubtless numbers of ex hacks and party parasites will be seek tek 1119 these places the Pre president eident by 11 all ll means should ignore these gpo doeple ople le their minds are dwarfed dwarfed and their judgment so distorted from long cont and manipulation in party politics and nd in issues raised by private inter sate ta that they would not nor could not ot make good judges and it must he be remembered that this new court is in 0 O a measure a court of final appeal |
