Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-04-16
Bill to Deiiue and Regulate Jurisdic-
ton OF the Courts.

Cannon of Illinois, from the committee
on rules. reported q resolution for the i'm
mediate consideration of the bill to define
and regulate the jurisd ction of the courts
of the Uni ed States. The reso lution pro
vided the previous question be consid red
as ordered at 5 today. This provision
elici'ed good deal of opposition from the
democratic side and the resol ltion WAS
finally adopted.
Oates of Alabama moved an adjourn
ment.
Csnnan raised point Of order that the
motion ~as dilatory. and the point was sus-
tanned BY the speaker.
After She r, discussion Mills of Texas
off red an amendment providing of the ad-
dniInai circuit judges. IL in number, half
shall be appointed from each political
party. Lot
The bill vas passed, yeas 1871, nays l3,
the speaker courting a quorum
The bi withdrs~s all the original juris
dictinn nov vested in the circuit courts Of
the Uaiied States and vests the same ex
e.csively in The district courts Of the United
States 1t provides that circuit courts
sbail exerci e such jurisdiction by writ OF
error and appeal AS they exercise under
existing 'a~s. The circuit court is made
an appellate cour; exclusively, except that
il has power 10 issue all remedial process
The C rcult court shall consist Of the pres
ent circu judge and two others appointed
in each circuit oy the President, BY and
With the advice of the Senate. Ii r. quires
three iiges to constitute a quorum and in
case enhrr of the judges are absent at an,
term the senior circuit judge of the circui,
nay require any district judge of the cir
cuit to III in his stead for the time being
fhefe must always be one circuit j idge
present, and no circuit or district juig-
be fore whom the case was tried in district
court can sit 10 the same case in circuit
court. The circuit courts shall be courts
OF record
The circuit court to be held, first circuit.
Boston; second. New York; third, Phila-
delphia; fourth, Richmond; fifth. New
ORLEANS; sixth, Cincinnati; seventh, Chi
ago; eighth, st. Louis; ninth, San Fran
cisco.
wIi,s Of error in proper cases, and in all
other cases appeals may be had from die
trict to circuit court, both at law in eQuitity
in cases Of admiralty and maritime jutisdic-
ton within six nooths sitter entry Of final
judgment or decree of district courts.
Circuit courts shall have original juris-
diction TO issue certain remedial writs and
establish rules of practice not inconsistent
with those of the su )reme court.
Writ of error from circuit court appeal
to ci cult court may be had 10 sill criminal
cases wherein the circuit court may now
exercise jurisdiction by writ Of error
Pending appeals of xrits or error of judg
ments In district court in all criminal csses
stayed until case is finally determined BY
appellate court.
Civil causes may be removed into the
district court of the United States in the
territorial jurisdiction Of which they corn.
menced, The circuit courts are given AZ
pellate jurisdiction, by writ of erro. or
appeal 10 revie~ Judgments and DEGREES OF
the supreme courts OF the several Terri.
tories for review of judgments and de.
crees of the district courts. The circuit
courts shall have the fnal and conclusive
jurisdiction on an appeal or writ of error in
all cases in which the irisdiction acquire d
by the district courts, by reason Of citizen
ships of the parties only and in which no
question had sri.ea under the consfitqti IN.
laws, or treaties Of the United States; but
questions arising in this class Of cases of q
novel, difficult or important character, may
be certified 10 by the supreme court fol
determin alton in the discretion of any two
circuit JUICES trying the case.
The House at 6 adjourned.