Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-04-10

ally appoints, for the time. the justices OF
the supreme court to otherdistinct offices;
to which, if compatible. with their origl-
nal Offices, they ought, to be appointed by
another than a Legislative authority, in
pursuance of Legislative provisions au-
thorising the appointments.
Because the appeal allowed by law from
the dicision Of the District Courts, to the
Circuit Courts whilst it corroborates the
construction which regards Judge OF
the one Court as clothed with new Office
by being constituted Judge OF the other,
submits for correction erroneous judy
ments, not to superior or other Judges,
but to the erring individual himself acting
as the sole Judge in the Appellate Court.
Because the additional services to be
required, may, by distances of places and
the casualties contemplated by the bill,
become disproportionate to the strength q
health of the Justices who are to perform
them, the additional services being more
over entitled to no additional compensation;
nor the additional expencss incurred to
reimbursement. In this view, the bill,
anpears to be contrary to equity, as well
as a precedent for notifications and ex-
tensions of judicial services encroachlng
ON the constitutional tenure ct judicial Of
fees.
Because, by referring to the President
of the United States questions OF disability
in the district Judges, and of the unreas-
onabeness Of delaying the suits or causes
pending in the District Courts, and leaving
il with him in such cases to require the
Justices of the Supreme Court to perform
additional services, The bill introduces an
unsuitable relation Of members of the Ju-
dietary Department, to discretionary au-
tbority of the Executive Department.
JAMES MADISON.
April 3, 1912.
The following is a copy of the act allnd-
ed to in the above message and which the
President has returned
AN ACT
Providing for the trial Of cases pending in
the respective district courts of the United
States in case Of the absence or disability OF
the Judges thereof.
Be it enactcd That whenever satisfactory
evidence shall be shcwn to the President OF
the United States, that from the necessary alb
sence or disability of the Judge OF either OF
the district courts of the United States, the
decisions OF the cults causes pentling there
in will be nnreasonably delayed, he is hereby
authorised to require the Justice of the SUI
preme court allotted to that circuit in which
IL, W fr, he htI1
to hear and determine all such causes; and 1t
is hereby declared to be the duty OF said JUS
tice, during the continuance OF such absence
or disability to hold the sad district court at
such time and place, at which the same IS by
law directed to be holden, and determine al
suits or causes pending therein, and to do and
nerform all such acts relating TO the SAID court
which are by law required OF the district
Judge: Provided, That the SAID justice shall
be authorised to adjourn the said court to such
time as he shall think it eSpedleht; and he
shall also have authority to hold special terms
Of the said district court for the trial of such
causes as may arise, during his exercise o.
the duties required by this act, whenever IN
his opinion the same shall be necessary. And
the President of the United States is hereby
authorised to determine when such absence or
disability shall cease to exist.
H. CLAY,
Speaker of the House of Representatives
VIM. Fl. CRAWFORD,
President of the Senate pro tempore
On motion of Mr.. Gold. the message
was ordered to be be printed and on mo.
ton of Mr.. Stanford, it was ordered that
tomorrow be assigned foR the re.consi-
deration Of the said bill, in the mode pre-
scribed by the constitution.
CHARLESTON, April !.
EAST FLORIDA.