Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-13

dcred. The successive votes showed no
quorum, the Democrats generally refusing to
vote. Finally, on motion Of MIR. Robson,
after the report on forestry was referred, the
House adjourned.
ISeHate-Bills authorizing the construction
of bridges across the Mississippi at Memphis,
and across the Arkansas at VsnBuren were
| fayorably reported. The latter authorizing
the St. Louis and San Francisco Railroad
Company to build a bridge passed.
Consideration of the intermediate Appel
late Court bill was resumed, the question
being upon its passage. Senator Pugh re-
ferred to the recent declaration of Senator
Davis iii. ], that if he had the power he
would divide the appointees equally between
the two parties. He construed this an in
dication of that senator's course in regard to
the nominations when they came in for con-
frmation, and he added the minority were
compelled to trust the President to select
judges with reasonable impartiality.
Senator Davis i'll. ], in replying to the OBJ
jectiens made in the debate, reviewed the ac-
ton of the Federal courts in awarding writs
of nldndamus, and the Supreme Court de-
cisions concerning municipal corporations.
Discussion was continued upon amend
ments of the details, which were rejected, ex-
cept in two instances, when they were ac-
cepted by the friends of the measure without
a vote. The bill passed 6nally-yeas 80,
nays 18-receiving the support OF all the
Republicans and Senators Bayard, Cockrell,
Jackson, Harris, Pugh and Walker, Demo-
crats.
The bill creates nine intermediate courts,
one in each existing circuit, and eighteen
new circuit judges, or two additional for
each circuit, who are to be appointed by the
President. The court of each circuit will
then consist of associate justice of the
Supreme Court allotted to that circuit, three
air ind md fmn of he dIefr
the latter TO be designated at each term for
the succeeding term, and, if practicable, in
rotation, and four of the judges to constitute
quorum. Appellate jurisdiction is con-
ferred upon the new court over DEGREES of
the Circuit or District Court in causes in
volving more than $4,000, or where circuit
or district judges shall certify that the adj
Indication involved in the question is of gen.
eral Importance. The decisions of the APP
pellate Courts on questions of fact to be
conclusive, but reviews upon points of law may
be had upon writs OF error to the Supreme
Court when the matter in controversy ex
ceeds 500, 600, the present limitation being
$4,000. In criminal case writ of error
may be sued out if allowed by the Judge of
the Appellate court, but cannot be granted
after an unsuccessful application to another
judge. If the judges do not differ and the
case is within their jurisdiction, their action
is to be final and writ may be taken upon
the question of jurisdiction, but not to review
the whole case. Exceptional permission to
appeal to the Supreme Court will also be
granted in questions involving the construc
ton of the constitution or the validity of a
treaty or Federal law, The bill prescribes
the clerical force of the new court and fixes
the following as the places at which the first
terms of court in the respective circuits
shall be held: BostoH, New York, Philadel-
phia, Richmond. New Orleans, Cincinnati,
Chicago, St. Louis, and San Francisco. The
terms are to begin on the first Tuesdays in
May and November, beginning with Novem-
Der, 1882. 1t is also provided that the dis
trict or circuit judge who tried the cases
shall not sit in hearing the appeal.
The conference report on The fertilization
appropriation bill was agreed to. The item
appropriating $1,000 to enable the ordnance
department to loan the old heavy artillery
to the militia of the States for practice pur-
poses was retained. The conference report
on the agricultural appropriation bill was
also adopted.
The five per cent loan bill was made un-
finished business.
Adjourned until Monday.