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or question heard before him in the estimated. Litigation, keeping pace court below. Terms are held annually with the enormous expansion of indus(usually at stated sessions) in the plac- tries and commerce, had congested the es designated by the act—which for work of the Supreme Court so that it this (seventh) circuit is Chicago—and was greatly in arrears and accumulatsuch other places as may be designated ing beyond possible clearance. This from time to time by the court. condition, supplementing the limitation
The court so established has appel- as to the amount involved, was prolate jurisdiction to review final deci- hibitive of review in a mass of cases sions of the District and Circuit Courts tried at the circuit. The new provision in all cases not reserved to the Su- not only relieved the burden arising preme Court as before mentioned ; and from the overloaded calendars of the the decisions of the Circuit Courts of Supreme Court, but furnished a tribuAppeals are made final in all cases in nal for review without such limitations which the jurisdiction is dependent en- and reasonably accessible. The Cirtirely upon diversity of citizenship, and cuit Courts of Appeals have existed in all cases arising under the patent throughout the recent years of momenlaws, revenue laws, or criminal laws, tous litigation, and it is sufficient to reand in admiralty causes. This juris fer to their reported cases for justificadiction is not limited by the amount in- tion of the Evarts act. volved in the controversy. It extends We are thus brought to consideraas well to writs of error in all cases of tion of the federal trial courts, named, conviction of an infamous crime, not respectively, the Circuit Court and the capital, and to appeals in bankruptcy, District Court, for a brief outline of (1) from adjudication of bankruptcy or their distinctions. In each of the judenial thereof, (2) from grant or denial dicial districts both of these courts are of a discharge, and (3) from the allow- held, usually by the District Judges, , ance or rejection of a claim of $500 or who are vested with complete jurisdicover; (4) to supervision and revision tion in both. While it seems to have in matter of law of proceedings in been the earlier view that the Circuit bankruptcy; and to appeals from in- Judges would preside in the Circuit terlocutory orders granting or continu- Court hearings and trials, and such ing an injunction or appointing a re- was the practice to a considerable exceiver. Thus the cases in law and in tent in the important cases and by way equity tried or heard in the Circuit of reconsideration, the Circuit Court Court, and the admiralty, bankruptcy, of Appeals has made this course imcriminal, and revenue cases tried in the practicable as a general rule, and with District Court, with the exceptional in- a few exceptions the work of the Cirstances which have been mentioned as cuit Court is performed by the Disreserved to the Supreme Court, are re- trict Judges. The jurisdiction, howviewable only by the Circuit Court of ever, of the two courts, is separate and Appeals, unless certiorari is granted by distinct, and not co-ordinate, except the Supreme Court, for which the ap- that they have concurrent jurisdiction plicant must present strong grounds. in criminal cases not capital and for
The importance of the appellate ju- certain jury trials in bankruptcy. No risdiction thus created cannot be over- civil action or proceeding within the
cognizance of one court can be enter- in the controversy, except such as are tained in the other, with the exception mere formal and not indispensable parreferred to. Formerly the Circuit ties, and the assignee of a chose in acCourt was vested with appellate juris- tion, except a foreign bill of exchange, diction over certain District Court cas- cannot sue therein unless the assignor es, but such jurisdiction was abolished is also a noncitizen. So, to maintain by the act of 1891.
suit in the federal court against citi
zens of the state, the plaintiff must be The Circuit Court of the United
a noncitizen, and such plaintiff can neiStates.—This is the important court of
ther sue with a citizen as coplaintiff, original jurisdiction, concurrent with
nor with a citizen made defendant that of the state courts, of all civil
therein who has a joint or common insuits, at common law or in equity,
terest with him in the controversy when the matter in dispute exceeds,
and is an indispensable party. Nor can exclusive of interest and costs, the sum
a defendant remove a suit from a state or value of $2,000, under the following
court on the ground of noncitizenship, conditions: (1) That the controversy
if joined with citizen defendants who is between citizens of different states,
are necessary parties and have such or (2) is one arising under the Consti
interests in common, as stated in the tution, laws, or treaties of the United
complaint or bill, and the controversy States, or (3) is between citizens of
as to them is not plainly separable. Juthe same state, claiming lands under
risdiction of the Circuit Court further grants of different states, or (4) is be- extends over various controversies enutween citizens of a state and foreign merated in the statutes, where the states, citizens, or subjects. Its juris- United States or its officers are parties, diction is acquired either through orig- or when arising under specified proviinal process or removal from a state sions of the Constitution or laws, incourt, and the requirements to that end
cluding cases arising under the patent for either method are specified under laws, and also extends over criminal chapter 7 of title 13, Revised Statutes, cases, though exercised only, as a genand amendments. As amended under eral rule, on remission from the Disthe acts of 1875 and 1887, particularly trict Court of capital or extraordinary in reference to removals, it is best to refer to the compilation, under that District Court of the United States. chapter and title, in Vol. 1, Comp. St.
-This court is one peculiar to the fed1901, and Supplement (1907), for the
eral system in its limitations of jurisexisting provisions in detail. In gener- diction, as prescribed in chapter 3 of al terms, it may be stated that no suit title 13, Revised Statutes. It is the specan be entertained of either jurisdic- cial court of the national government, tional class unless the case, as present- in that it has jurisdiction of "crimes ed by the plaintiff or complainant, is and offenses cognizable under the aubrought within the constitutional or thority of the United States," suits for statutory classifications; that, where penalties and forfeitures incurred unjurisdiction rests on diversity of citi- der national laws, suits at law by the zenship, such fact must appear as to United States, or its officers when auall the parties opposed to each other thorized, suits arising under revenue
and postal laws, and other governmen- petuity of the union of states in an tal suits and proceedings. The jurisdic- American nation. Provision was not tion of this court, however, extends made, in express terms, against the over two other important fields of ju- withdrawal of any state-probably for risprudence, namely: (1) Admiralty the twofold reason that the colonial and prize cases, and (2) bankruptcy spirit of that time would have rejectproceedings—with original and exclu- ed any such declaration, and that no sive jurisdiction over each. That each covenant could prevent secession unless of these branches of jurisdiction is es- Union sentiment and will greatly presential to the plan of government and ponderated in the nation. So, when judicial powers heretofore considered the years of agitation over slavery and goes without saying; and, while the state's rights culminated in the attempt District Court is not vested with gen- of the South, through ordinances of eral equity or common-law jurisdiction, secession and levy of war, to dissolve both equity and common-law powers that Union, the sole reliance to perare conferred for all purposes of exer- petuate the compact was the loyalty cising the great jurisdiction so vested and strength of the people and states in it. The District Judge alone pre- waging war to that end, and not in any sides over the District Court; and the terms of the Constitution. On the othjudgments or decrees are reviewable er hand, throughout all agitation and only upon writ of error or appeal as be- warfare, the dual judicial system has fore stated. Further specification of tended co-operatively and surely to exthe various elements of District Courteniplify and establish the inestimable jurisdiction is not within the object of benefits of national union. Encroachthis paper.
ments by legislative or executive deIn conclusion, let me say that, of all partments of the one upon the other, the great work of the founders, their and conflicts between them, have thus foresight in providing the federal ju- been determined and settled, and the dicial system, with its jurisdiction ex- . courts, state and federal, co-operating clusive for national affairs and contro- in support of the constitutional · balversies between states, and co-ordinate ance of powers, have proven and will with that of state courts, in cases at prove the bulwark against tendencies law and in equity between citizens of or efforts of nation or state to transcend different states, has been more potent, such powers. That system furnishes as I believe, than any other of the writ- the balance wheel for the great duplex ten terms of the Constitution for per- engine of American government.
The American Casebook Series.
T will be of some interest to law pro- of Chicago, and Barry Gilbert, Professor
fessors to know that by the time the of Law, University of Illinois. law schools of the country open next fall The other volumes of the Series which for the season of 1909–10 several vol- the publishers expect will be ready before umes of the new American Casebook the opening of the schools next fall are Series will be ready for use. The vol
the books onumes in this series of casebooks are be- Trusts, by Thaddeus D. Kenneson, ing prepared by well-known legal edu- Professor of Law, New York Univercators for class use in law schools where sity. the "Case Method” of instruction is fol- Constitutional Law, by James Parker lowed. Care is being exercised by the Hall, Dean, University of Chicago Law authors of the books to keep them within School. reasonable limits as to size; the amount Corporations, by Harry S. Richards, of matter in a book being regulated by Dean, University of Wisconsin Law the number of hours ordinarily alloted School. to the subject in the classroom, as well Contracts, by Charles Thaddeus Teras by the relative importance of the topic ry, Professor of Law, Columbia Uniitself and the difficulty usually experi- versity. enced in mastering it.
Persons, by A. M. Kales, Professor of When the Series is completed it will Law, Northwestern University. consist of some thirty odd volumes, treat- Suretyship, by C. D. Hening, Profesing all the important subjects ordinarily sor of Law, University of Pennsylvania. covered in a law school curriculum. The. Criminal Procedure, by Wm. E. Mibooks will be uniform as to method of kell, Professor of Law, University of treatment, typographical style, and bind- Pennsylvania. ing
Carriers, by Frederick Green, ProfesFour volumes of the Series have al- sor of Law, University of Illinois. ready been published. These are the International Law, by James Brown books on
Scott (General Editor of the Series), Conflict of Laws (750 pages), by Er- Professor of Law, George Washington nest G. Lorenzen, Professor of Law, University. George Washington University.
The remaining volumes of the Series Criminal Law (610 pages), by Wm. E. are being prepared by Geo. W. KirchMikell, Professor of Law, University of wey, Dean of the Columbia University Pennsylvania.
Law School; Frank Irvine, Dean of the Partnership (638 pages), by Eugene Cornell University Law School; Wm. R. A. Gilmore, Professor of Law, Univer- Vance, Dean of the George Washington sity of Wisconsin.
University Law School; George P. CosDamages (335 pages), by Floyd R. tigan, Dean of the University of NebrasMechem, Professor of Law, University ka Law School; W. C. Dennis, Professor of Law, George Washington Uni- C. B. Whittier, Professor of Law, University; Charles M. Hepburn, Professor versity of Chicago; J. R. Clark, Jr., Proof Law, University of Indiana; Ernest fessor of Law, George Washington UniFreund, Professor of Law, Universityversity; Howard L. Smith and Wm. U. of Chicago; E. S. Thurston, Professor Moore, Professors of Law, University of Law, George Washington University; of Wisconsin. The work is progressing Nathan Abbott, Professor of Law, Col. satisfactorily, and by another year it is umbia University; E. C. Goddard, Pro- probable that all, or nearly all, of the fessor of Law, University of Michigan; books of the Series will be in print.
The Passing of “Law Sheep."
By L. A. LONG.
A LA Yeobook share sometimes
LAWYER'S books are sometimes barbarism, and always just one step
ahead. phrase is graphic, but it is only half a All this, and more, his library means to truth. To a lawyer, his books are tools, the lawyer. It is a visible monument to undoubtedly, and he has the same joy in the hard-won victories of the race. It their efficiency and fitness to his use that stands for human civilization, as well as a surgeon has in a perfect instrument or for individual scholarship and personal a soldier has in a powerful weapon;
but success. they are also more. He takes an esthetic Very largely because of this attitude pleasure in his library as a library. The toward the past and from a feeling for rows upon rows of books that line his the sanctity of precedent, the lawyer likes office are records of the reasoning and to have his law books correspond in apjudgment of the wisest men in his pro- pearance with the ancient monuments of fession. They go far back into the past, the law, the books of the past. He does opening vistas through the serried cen- not care, perhaps, to go quite back to the turies, and showing the constant effort of earliest examples, with their wooden covthe race to establish justice between man ers, bare, or covered with leather; but, and man. The law does not stand, as having taken the next step to leather as a religion does, for the loftiest ideals of recognized and authoritative covering, which the purest souls are capable; but he hesitates long before abandoning that it does stand for an ideal which is a lit position. Calf, or “law sheep," have intle in advance of what the average man cased books for hundreds of years. Their puts into practice. It represents the very odor, if not an odor of sanctity, is steady, conservative effort of humanity to at least redolent of learning. Their weed out its own worst elements and to smooth, yellow uniformity, lining the provide a fair field for the growth of the walls of his legal office, is suggestive of better. It is practical idealism, keeping dignity, conservatism, and wisdom in restep with the race in its climb out of serve. To imagine a law library decked