The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-12-28

:. Recent changes, appointments, designations,
combinations, reflections and deaths, have at
tracted attention to the judicial system of the
= United States, which doubtless puzzles many
people who have had no special occasion to
&. inquire into the subject. The third article
,of. the Constitution vests the judicial power
of the United States in one Supreme Court
and such inferior Courts as Congress may es-
tablish. The Supreme Court has hitherto
been composed of Chief and seven associate
Justices; new Judge has been added by law
passed at the last session OF congress, ana
Hon. E. lockwood Hoar's nomination was to
fill this newly-created judgeship. One great
objection brought against him was that the
circuit for which he was appointed was
Southern one. The country is divided into
nine judicial circuits, and subdvided into dis.
tlicts, each of the smaller States constituting
aydistrict, while two or three districts are COM
prised within the territorial limits of New
York, of Pennsylvania and of other large
States Maine is district by itself and with
Massachusetts, Rhode Island and New Hamp-
shire, makes up the First Circuit.
The District Courts are holden by the Dis
triet Judge sitting alone, and up to July,
1867, were mostly engaged in maritime caus-
es, but there is now large bankruptcy bust
/. ness done in these courts.
q The Circuit Courts, holden semi annually
In each district have been hitherto held by
the Supreme Court Judge of the Circuit sit
ting with the District Judge; but the Act of
last April created the Office of Circuit Judge,
and one has recently been appointed for each
Circuit, Gen. Geo. F. Shepley being assigned
to the First Circuit. Within their several cir
cults these new Judges possess all the powers
of Supreme Court Judge; so that Circuit
Court may now he holden by either the Su-
preme, Circuit or District Judge separately or
by any two Of them jointly-except that each
Supreme Judge is required by law to hold at
least one term of Court within his Circuit in
every two years. Cases are carried by appeal
from the District to the Circuit Court where
most of them are disposed of, it being neces-
sary that the sumIin controversy to be lrage
permit an appeal to the Supreme Coult.
All trials by jury are either in the District
or Circuit Court, only questions of law being
submitted to the highest tribunal. The fact
that it is only persons or causes peculiarly
situated that can rightfully come before these
courts prevents them from being overwhelmed
with business. As it is, it was found neces-
sary to relieve the judges of the Law Court
from circuit duties, which was the purpose of
these new appointments of circuit judges
The tenure of Office is declared by the const-
tuition to be during good behavior, and any
reduction of the judges salaries during their
term of Office is prohibited. The salary of the
Chief Justice is &c. 500 and of the others $4,000.
A bill is pending in Congress to increase
these to $4,000 for Judge Chase and $4,000
for the others. If the passage of that bill
would make the Chief Justice contented and
divert his attention from the White House to
his judicial duties it would have one good eff
feet, at least. The new Circuit Judges get
$4,000, and the salary of the District Judge in
Maine is $1,000. A novelty in our history
was introduced by the bill of last April, Great
ing civil pension list in this country. ANY
judge of any court of the United States who
ANS oSSuPaCe AAS sSob tCh yCaio dIIlftu dJ
the age ofseventy years, is allowed to retire
and thereafterwards to receive the same sum
annually, as though he had remained upon
the bench. 1t is under this provision that
Judge Grier resigned and left that seat so
soon filled and vacated by the late Secretary
ofWar. Stanton. We do not think the prin
cipal of pension for past civil services ought
to have been admitted into our legislation
An adequate salary for duties actually per-
formed should be paid and from its economi-
cal use provision for old age should be obtain
ed, precisely as is done in other vocations in
life. But if any retiring pensions are to be
granted none have more faithfully earned
them than such jurists as Judge Grier and
his predecessors and associates upon the
bench-and Judge Ware In this District.