New-York tribune., 1890-08-06
FOR RELIEF OF THE SUPREME COURT.
SENATE SUBSTITUTE FOR THE HOUSE BILL
TO ESTABLISH CIRCUIT COURTS
APPEALS,
OF APPEALS.

Washington, Aug. 5.-Scnator Evarts tooay' TON
the Committee on the Judiciary reported Suosu'uVc
for the House bill 10 establish Circuit Courts OF Ap
peals and TO define in certain the jurisdiction
OF the United States Courts The substitute III ue
first section. provides that there shall be appointed
by the President, In each circuit an acdluohai crcu
Judge who shall have the same qualifications ana
shall have the same power and jurisdiction therein
that the circuit Judges of the United states, wltmh
thcir respective circuits now have under existing
laws, and who shall be entitled to the same competSa
on as the circuit Judges OF the United States In their
respective circuits, have Under other sections
there is created In each circuit Circuit Court OF
Appeals, consisting Of three judges. Of whom two
shall be quorum with appellate jurisdiction tbs
court shall have a marshal a salary Of $500, and
a clerk at a salary Of $4,000 The costs and fees
shall be tho those charged In the supreme
Court The Chief Justice and the Associate Justices
assigned 70 each circuit and the circuit ana district
Judges within each circuit shall be competent TO SIT
judges Of the Circuit Court Of Appeals No Justice
or Judge before whom cause may have been heard OF
tried in District Court or existing Circuit Court
shall sit on the trial hearing Of that cause in
Court OF Appeals.
Annual terms shall be held by the Court Of Appeals
in the several judicial circuits follows First.
Boston; second. New York; third, Philadelphia fourth.
Richmond. Va: fifth, Neworlcans sixth, Cincinnati:
seventh Chicago; eighth. ST. Louis NINTH San Fran
lime to time designate. The first term shall be hela
on the first Monday IN jar nary, 1891 No appeal
shall hereafter be allowed from the district courts
to the existing circuit courts but all appeals from said
district court, shall he subject TO review only BY tho
Supreme Cour, or the Court of Appeals.
Appeal, may be taken from trc district courts or
from existing circuit courts the Supreme Court In
the following cases Frst-WheTc the jurisdiction Of
the court Is involved In such cases the question Of
Jurisdiction alone shall be certified and decided sec
ondlyFron the Anll sentences md de'rccs III prlEe
cases. Thirtly-ln criminal cases whore tA' punish
mcnt provided bv law is death FouFthly-WheIe the
con-tltu,ionaL.y or application Of The court Is III
yolvcd Ffhly-Whcre The codsiitut!onaly OF an
law Of the United staei. an treaty negotiated
uader it., authority. is drawn in question. siAthy-
Where the constitution law Of any state Is caih'd
10 be In coutigyentlon OF the Constitution Of The
United states.
The court Of Appeals shall exercise appellate jur''
dio0u to review tie final decision Of the district O!
circuit courts In all cases o;her than those winch may
he ,pp.alcd To- the sdpwmc Court. uncS, other" 20
r1vt,d by law and the Judgment, or DEGREES Oi 'iii
t,ri - tn'e,l .l1u be nlal In All cases In which
49, t,f ~, ls derendrlt entirely upon the op-
pG~itr parties 10 tie sut peiue alleh' diu .4uIc.
,i.o in all patent. revenue. criminal ana adnlifd w
rrll. q mgitictlon the Court Of Appeals may a"
the -aytcne Cont for instruction f9r is proper de.
,.-i,. q. and tlccUp'a tho supreme corr may S''''
-lv. r iicton or IL NAV have tho Whole record and
c..r.,. sent Up for rs consideration. IEe SUPREME
Clrr. NV hive any coec pending brio.e the toAH
~ Anoc.is cr.,lr~d to II fr decision. with TIE sane
ro,,, a-d authority rs i 10 had been carried the' on
,uue A. In a., other there snail he thc rrh.
~ an appeal the supreme court, "H"lc l"o "'''
In c,. tr,,vcvsy shall exceed $1,000.
Hv the substitute, section 6Ol, Revised Statu,es IN
..rti,n q of pm net entitled An act To facilitate s
disposition Of cases In the suprcm? Court oi me
Tu',rG states" approved February 10, l7to, are r.
c'iI. 10 All lIWs relating tO appeals inconss'en'
With tho provisions for r'yeT by appeal, , @' doy. ts %
.,,h,r Win the draft Of bill 10 meet tic Vlc"s OF
The minority upon the question