Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1882-12-22
A NEW COURT.
senator Davis's Plan for Creating q
Court of App Ills.

1t is announced from Washington
that the House Judiciary committee
will probably report favorablY Senator
Davis's bill, already passed by the Sen
ate, establishing Il court OF appeals. The
bill provides that Circuit Court shall be
held in every judicial district of the nj
ted states, aud the terms thereof shall COM
mence ut the same time and place as those
OF the District Court; and such Circuit Court
is hereby created and established in every
district where no such court now exists; and
shall belong to the circuit in whose terri
torial limits it is embraced" The bill also
provides that the Circuit Courts shall have
no jurisdiction in cases of appeal or writs of
error from the District Courts sued out utter
certain date, except that reviews in bank
ruptcy cases may be had as heretofore. In
each district there is to he established
Il Court Of Appeals, which shall have
appellate jurisdiction of al cases arising
in the several Circuit and District
Courts within said circuits respectively. This
Coir. OF Appeals is to consist of the Justice
of HE supreme Court assigned to the circuit
and Of the Circuit JUDGES thereof and two of
the District Judges TO be designated by an
order Of the Court at each term thereof to
serve for the succeeding term. The desig-
niton Is 10 be made as far us practicable In
rotation, and any four of these, including at
least one Judge competent to preside shall
constituted quorum. In case of the absence
If district Judge so designated another dis
ttict Judge may be designated by the judges
then present To serve as long as such ab-
sanCc continues. In the absence OF the JUS
tice of the Supreme Court the senior circuit
judge shall preside. NOcrcutor district Judge
can hear in the appellate court any cause or
question that he may have heard or tried in
The district or Circuit Court. Wits of error
in cases proper and in all other cases an ap-
peal may he taken to this court from any
circuit or dislnct court within the circuit
when the amount exceeds $500, and in other
cases where such now lies or where the cir
cult or district judge ceitities that the adjud-
icaton involves question of general impor.
lance There are certain provisos regarding
Appeals, one OF which prohibits any review
al the decision Of the circuit court in the ex-
crcsc OF its supervisory jurisdiction in cases
If bankruptcy. If allowed by Judge Of the
proper court Of appeals it may be sued out
OF that court from the final Judgment of a
circuit or district court in any criminal case
10 such court of appeals within ninety days,
but such writ is not 10 operate as stay of
proceedings except in capital cases, unless so
ordered by the judge granting said writ. The
ill provides that there shall be appointed
for Zach circuit by the President, by and
with the advice and consent of the Senate,
two additional circuit judges, who shall have
the same powers and jurisdiction and shall
perform the same duties and he entitled to
the same compensation as the circuit Judge
appointed under existing laws" The bill
also provides that terms Of the court of APP
ical' shall be held in The several judicial cir
cults At The following places In the First
Circuit Boston; Second Circuit, New York
city; Third Circuit, Philadelphia Fourth
Circuit, Richmond Fifth Circuit, New Or
leans; sixth Circuit, Cincinnati; Seventh
Circuit Chicago; Eighth Circuit, st. Louis,
and Ninth Circuit, San Francisco