The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-04-24
United States Court.

Aoiiih", ioi tuc iI1lOi fitutiOu iSSTi
fraternity:
The United States of America, District of
South Carolina, in the Circuit Court
Charles kerrison, assignee, u.s.. A. It.
Stewart et al.
.sASss;i concur in the conclusion reached by
tho Circuit Judge, differing only with
him as to his view of tho Court held in
Greenville. But in spite of that differ
ence, and Independently of it, coincide
in his judgment.
l hold to the construction of the juris-
diction of the District Court of Green
vile, placed upon it Mt the time of its in
stitution, and prevailing without dissent,
of these proceedings.
This Court has been held to be q Dor
tion of the Circuit Court system of the
State, and interchangeable, with the
Court held in Charleston rn., Columbia,
carried forward the business of all suitors
in the United States Courts of the State.
1t is objected to this District Court, with
Circuit Court powers, that it cannot pos
sess the authority and legal potency Of a
Circuit Court, and cannot be regarded as
n Circuit Court, because it is not necessary
nor possible for the Circuit Judge pro-
per, (of recent institution nor an Asso-
cinte Judge of Supreme Court, Originally
the Circuit Judge,) to be present at the
slttings Of tho Court. And it must be
conceded that this objection would hive
great if not conclusive force, if the pre-
sence of either of these Judges were ne,
cessary to the constitution of q Circuit
Court, or to the legal holding of such
Court. by law it is otherwise. By the
recent Act creating the Circuit judge
proper, as distinguished from the Asso-
ciate Judge of the Supreme Court, (who
is also Circuit Judge,) the District
Judge is clothed with all the authority of
Circuit Judge, so far as the original
business and jurisdiction of the Circuit
Court is concerned. In the absence of
either of these Judges, from whatever
cause, he Is empowered to hold the Court.
and alone WELD the whole authority of
the Court, in the same manner and TO the
same extent rs could bo exercised by
either, sitting alone or together with each
other, or with the District Judge. He
cannot, OF course, hear an appeal from
himself rs District Judge, sitting os Cir.
cult Judge. This he cannot do in Green
Vile any more than in Charleston. But
the appeals have been and are made as
regularly from his decisions in the one
as in the other; and in both they are
made to one of the two Judges alone au-
thorlZed by law to hear such appeals.
The decisions Of the District Judge, MS n
District Judge, coming within the scope
of his authority, criminal or civil, as
District Judge, are subject, in the way of
appeal, to one or other of the Judges
having appellate jurisdiction over the
District Court of the State. The appel
late jurisdiction AZ to tbs entire business
in bankruptcy, transacted in Greenville
or in Charleston, is subject to the same
authority, embracing the one jurisdiction
OF tho State, and represented by tho
Judge who has common appellate juris-
diction of all District business proper
throughout the State
Where the District Judge in GreenvilIe.
as in Charleston or Columbia, admins
ters, the authority and acts u;,-n subjects
limited to the Circuit Court, and which
can only be administered by n Circuit
Judge proper, or the District Judge sit
ting as Circuit Judge, the appeals nre
from him in this Court, ns they would be
from him sitting III Circuit Judge in Co
lnmbia or Charleston directly to the Su-
preme Court. His authority, by law, is.
in either case, the same. He exercises
precisely the same authority, md his de-
cisions are to he dealt with in the same
way. BY law he is made Circuit Judge,
MS l have stated. (with the limitation I
have mentioned,) in Charleston, Column
hia and Greenville. lie exercises the
whole authority Of the Circuit Court, by
law, alike in Charleston, Grecnville and
Columbia. And this authority rests upon
positive legislation, and finds it's source
and vindication, in either case, in conve-
nience. Congress has judged it conve-
nient and eXpedient that the District
Judge shoTld exercise the authority per
mdnently and alone in Grcenville that he
exercises (with the limitations set forth
III the statutcs) when sitting alone and
holding the Circuit Court in Charleston
or Columbia. It was Oh competent for
Congress to clothe him with this author
ity in the ono case az the other. And it
was deemed expedient, and it may be
even necessary, that the Associate Judge
of the Supreme Court, who was tho only
Circuit Judge when the Greenviile Court
WAS instituted, should be excused from
attendance on it.. A similar necessity
has called into existence the intermediary
class of Circuit Judges, who are not AS,
sociate Judges of the Supreme Court and
have no final appellate Jurisdiction.
1t is worthy of note that the GLASS Of
courts to which, the Greenville Court he.
longs, as Conklin in his valuable treatise
observes, (4th ed, p. 1862 possess tho
authority to satisfy the exiuenoy Of che
twelfth section Of the Judiciary Act,
which confers upon the citizen she right
rs defendant to have the suit removed
to the ''next Circuit Court TO be held
where tho suit is pending, kyery re-
cent 6eciai0p of Aha G,,roysax,A (t,a,t4 f1Q