New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-13

THE NATURE AND SCOPE OF THE PROPOSED
LAW.
IBY TELEGRAPH TO THE TRIBUSI.l
WASHINGTON, May 1.-THE Court of Appeals
bill was passed by the Senate to-day by vote of
"a tolls. Six Democrats voted for the bill-Sena-
tors Bayard Cockrell, Harris, Jackson, Pugh and
Walker. Senator Garland would have voted for 1t
if he had not been paired with Senator Edmunds.
who il was announced wouldlhave.voted against it,
being the only Republican that side so far as to-
days vote showed. Senator Malone. who was
absent and paired would have voted
for the bill. Only one amendment to
the bill as reported from the Judiciary Committee
was made and this excited some discussion. The
original bill provided that in " in patent and copy
right cases in equity review by the Supreme Court
may be had, without regard TO the sum or value in
dispute, upon the questions both OF law and fact,
affecting the validity of the infringement or the
copyright provided that the COurt of Appeals shall
certify that question is involved of sufficient i'm
pOrtance TO render it proper that the final decision
thereof should be made by the Supreme Court"
The judiciary Committee struck out this passage
and substituted the following Provided that in
all cases in which, by existing laws, the Supreme
Court may now exercise appellate jurisdiction
without regard to the in controversy except in
cases touching patent rights and copyrights, the
Supreme Court shall continue to have and exercise
such jurisdiction in the manner now provided by
law"
1t was argued by Senators Platt and Bayard that
the committees amendment was discrimination
against patent and copyright cases, and would vr-
tually cut of the right Of appeal in such TO the
Supreme Court. Senator Platt expressed it by say
ing that the original bill would deprive nne-tenths
of such cases of the right of appeal to the Supreme
Court, whereas the committees amendment would
certainly cut off all of them.
The committees amendment was finally voted
down on a close vote, leaving the bill in its origins
shape. Some technical amendments were made Of
little importance. Senator Vance, of North Caro-
lima. and Senator George, of Mississippi,
made Intellectual attempts to change the cap
italS of the circuits from Richmond and New
Orleans to Raleigh and Jackson. Miss, respectively.
The hi as passed by the Senate, authorizes the
President and Senate TO appoint for each of the nine
existing circuits of the United States two addi-
tional Circuit Judges, having the same power. jurs-
dction and compensation as. the present Circuit
Judges. 1t establishes in each Of the circuits court
to be called the Court Of Appeals to have appellate
jurisdiction subject TO the provisions of this act, of
all cases arising in the several Circuit and District
Courts within said circuit The Court of Appeals
will consist of the Justice of the Supreme Court as
signed TO the circuit and of the Circuit Judges
thereof ard two of the District Judges to be desig
mated in rotation four judges constituting quorum.
The Court of Appeals is to be court of record and
its processes are TO be issued in the manner
processes of the Circuit Court. writ of error in
cases proper for such writ and in all other cases
appeal, may, except as otherwise provided by the
act be taken to the Court Of Appeals from any final
Judgment or decree of any Circuit or District Court
within the circuit. when the amount in controversy
4
writ of error now lies from such jud ment decree.
or where the Circuit District Judge shall certify
that the ADJUDICATION involves the question of
eral importance provided that review Of the de-
cison of the Circuit Court in the exercise
of it's supervisory jurisdiction in any case
of bankruptcy shall be allowed. Such
appeals and wnts OF error must be
brought within six months after the entry of the
order decree or Judgment sought 10 be reviewed.
All provisions of law now in force prescribing the
cases IN which appeals may he taken or wnts OF
error sued ont for the review 10y the Supreme Court
of the final judgment or decree OF Il Clrcnlt or
District Court, SHALL except as modified by Tins
act apply 10 an appeal taken or writ of error sued
ont under this act, The first terms Oi the Courts OF
Appeals are TO he held OH the first Tuesday in
November 1882, at Boston. New-YOrk Philadc-
pha. Richmond. NewOreans, Cincinnati Chicago,
ST. Louis and san Francisco and on the second
Tuesdays in May and first Tuesdays in November
thereafter The first day ii September lHS2, Is
fixed the time after which
all appeals and wits OF error from
judgments or decrees of the Circuit and District
Courts shall be taken sued out under this act
The decision OF the Court of Appeals upon questions
of facts shall in all cases be final and conclusive,
except as otherwise provided Ill his act, the facts
to be specially found If requested by either party,
but a review upon the law may be had upon writ OF
error or appeal III the manner now provided BY law
to the Supreme Court of the United States from
every final Judgment or decree of the Court oil Ap-
pcas where the matter III controversy exceeds
the sum or value OF $4,000 exclusive OF costs or
where the adjudication involves question upon
the construction of the Constitution the cOnstruc
ton or the validity OF Il treaty or law of the
United States or where the Court shall certify that
the adjudication involves legal question OF sufii-
cient Importance to require that the final decision
should be made by the supreme Court.
In patent and copyright cases one year is allowed
in which to sue out writ OF error or take appeal.
Circut Court is to be held in every judicial district
of the United States the terms to begin at tue same
times and places those OF the District Court, and
the act creates and establishes such Circuit Courts
in every district where mono now exists. The sew
cral Circuit Courts to exercise no JURISDICTION In
cases of appeals wrlts OF error from the District
Courts allowed, taken or sued out after september
l. 1882 except that reviews III bankruptcy cases Ill
the exercise of their supervisory jurisdiction may
be had as heretofore PROVIDED.