Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-01-26
WASHINGTON.
A Bill to Abolish Circuit Court Powers of
Certain District Courts.
How Doekery of Missouri Got Some Private Bills
Through by Having Kilgere Ele-
waited to the Chair.
correspondenee Of the Gazette.

OF AThdusdS IS the duIHoT VI d OH NiAiCA
has just passed both houses and viii be-
come a law in few days, which is of
great Importance to Arkansas as well as
to Mississippi, South Carolina and West
Virginia The bill is entitled: "a bill
to abolish circuit court powers of certain
district courts, and to provide for writs
of error in capital cases. - 1t is an
astonishing fact that over ninety-five
men have been hung within the last
twenty years at Fort Smith, who had no
right of re-hearing by appeal or other
wise, the district court there sitting with
circuit powers. Senator Jones thought
this proceeding was both anomalous and
monstrous and the following bill Is the
result of his efforts to correct the fragrant
evil:
Be it enacted, etc, that there shall be
and is hereby established a circuit court
of the United States in and for the West
ern district of Arkansas, for the North
ern district of Mississippi and for the
Western district of South Carolina, re-
spectively, as the said districts are now
constituted by law. And terms of said
circuit courts, respectively, shall be held
at the times and places now provided by
law for the holding of the district courts
in said districts respectively, and terms
of the circuit court shall be held also at
Helena, in the Eastern district of Arkan-
saS, at the same times the district court
is now required by law to be held; and
and also at the times and places in West
Virginia, where the district court is now
provided by law to be held.
Sec. 2. That said circuit courts, re-
in their respective districts, the same
original and appellate jurisdiction as is
or may be conferred by law upon the
other circuit courts of the United States;
and all suits, causes and proceedings
now pending in the said several respect
i've district courts, and also in the dis
trict court of the district of West Vir-
ginia, and also in the district court of the
Eastern district of Arkansas, held at
Helena, in and concerning which the said
district courts exercise circuit court pow
ers, shall be transferred to and belong to
the jurisdiction of said circuit courts, re-
spectively, and shall be proceeded with
accordingly.
Sec. g. That there shall be appointed
for each of said circuit courts in this act
mentioned, bysthei circuit court judge of
the circuit in which said districts are re-
spectively embraced, clerk, who shall
take the oath and give the bond required
by law for clerks of circuit courts, who
shall discharge all the duties and be entl-
tied to all the fees and emoluments pre-
scribed by general law And the mar
shals of the United States in and for said
respective districts shall act as marshals
of said circuit courts, and the district
attorneys of the United States in and for
cos1 ~ ifsfc Sho 7icn1o
the duties of district attorneys in said
circuit courts. Hereafter all appoint
ments of clerks of circuit courts
of the United States shall
be made by the circuit judges of the re-
spective circuits in which such circuit
courts are or may be hereafter estab-
lished, and all provisions of law incon-
sstent herewith are hereby repealed
Sec. 4. That said circuit courts, res
pectively shall have power to make such
orders and directions as shall be proper
for the transfer from said district courts
of all causes, proceedings, matters, rec
ords, files and papers as by force of this
act should belong to the said circuit
courts.
Sec. s. That the provisions of the act
entitled "An act to amend sections 533,
sos, 81 and 572 of the Revised Statues
of the United States, relating to courts in
Arkansas and other states, - approved
January 81, 1877, comforting upon the
district courts named therein circuit
court powers; and section 81 of the Re-
vised Statutes of the United States, as
amended by said aforementioned act and
all provisions of law inconsistent with any
of the provisions of this act be, and the
same are hereby, repealed.
Coo ffo1 in, ooso. &C
conviction of crime the punishment of
which provided by law is death, tried be-
fore any court of the United States, the
final Judgment of such court against the
respondent shall, upon the application of
the respondent, be re- examined, reversed
or affirmed by the supreme court of the
United States upon q writ of error,
under such rules and regulations as said
court may prescribe. Every such writ of
error shall be allowed as of right and
without the requirement of any security
for the prosecution of the same or for
costs Upon the allowance of every such
writ of error, it shall be the duty of the
clerk of the court to which the writ of
error shall be directed to forthwith trans
NIT to the clerk of the supreme court of
the United States a certified trans
cript of the record in such case, and it
shall be the duty of the clerk of the SUI
pTeme court of the United States to re-
ceive, file and docket the same. Every
such writ of error shall during its pen
dency operate as a stay of proceedings
upon the Judgment in respect of which it
is sued out. Any such writ of error may
be filed and docketed in said supreme
court at any time in a term held prior
to the term named in the citation as well
as at the time so named; and all such
writs Of error shall be advanced to u
speedy hearing on motion of either party.
When any such Judgment shall be either
reversed or affirmed the case shall be re-
manded to the court from whence it
came for further proceedings in
accordance with the decision of the SUI
preme court, and the court to which such
cause is so remanded shall have power TO
cause such judgment of the supreme
court to be carried into execution. No
such writ of error shall be sued out or
granted unless a petition therefor shall
be filed with the clerk of the court in
which the trial shall have been had dur
ing the same time or within such time,
not exceeding sixty days next after the
expiration of the term of the court which
the trial shall have been had, as the court
may for cause allow by order entered of
record
See. Z. That this act shall take effect