The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-22
A COURT OF APPEALS.
Organized by Justices Field and
Sawyer who Wear Black
Silk Robes.
For Montana, California, Nevada,
Oregon, Washington, and
the Dakotas.
The Tribunal Opens at San Francisco
To-Day and Will De Ready for
business.

Tho ninth judicial cirouit Of which the
now has a circuit court of appeals. 1t was
organized in San Francisco last Tuesday
by Justice Stephen J. Field, of the United
States supreme court, and Justice Lorenzo
Sawyer, of the ninth circuit, who lately
rendered the decision in the celebrated
Barden mineral land case. Judge Deadly,
OF Oregon, will be in San Francisco to-day
whom the court will be ready for business.
The opening of the court was an impress
sive ceremony. For the first time in the
western states a court Of the American re-
public was opened with the ceremony which
marks the tribunals of the older nations.
In all the circuits of the United States was
simultaneously enacted the same Scene.
Suddenly the voice of the crier announced
the appearance of the Judges. Every one
sitting in the room arose snd a hush fell on
the courtroom as the judges, robed in their
flowing gowns of silk, took their places be-
meath the dark-draped canopy. Gravely
and With dignity the venerable justices
bowed low to those present. The saluta-
tion was with gravity returned by all.
A deep silence was in the room as Justice
Stephen j. Field began, in tones measured.
clear and dramatic, the address which for
mally established this court, outlined its
purpose and defined it's powers. He told
of the vast accumulation of business which
now crowd the dockets Of the supreme
court and of the desire to bring nearer
to suitors the judicial force. He out
lined the enormous complication Of cases
which has arisen from the changed oondi-
tions of the country. of its commerce., of
!. it's industry, Of the habits of it's people.
1.-THE genius of the people in bringing into
existence a multitude of useful inventions
has filled the courts with patent cases. The
agencies of and steam and electricity have
1evolutionized business and created in ter
minable controversies. The aggregation of
wealth in corporations and the consequent
enormous transactions have involved vari-
Gus questions and litigation.
"Grants of the public domain have pro-
duced problems of intricaoy. the exigenoies
of the civil war nave called forth results
important and interesting, and causes un-
felt in the first quarter of the century have
induced questions whose Importance ex-
ceeds in magnitude all cases brought within
the same period before any court in Chris
endom.
$50 it has been hat the supreme court
has not been able to keep up with its ever
increasing business, and to obviate the
wrong the new court of appeals was insti-
tuted. The present district and circuit
courts will exercise the same jurisdiction
as heretofore, and in cases affecting their
jurisdiction. and in prize cases and in cases
of conviction of capital or infamous
crimes, and cases involving the construc-
ton or application of the constitution of
their Judgment directly to the supreme
court, but in other cases the appeal will go
from their decisions to the new circuit
court of appeals. and the Judgments and
DEGREES of the circuit court will be final in
all cases where the jurisdiction is depend
and oltizons of the United States, or oiti.
zens of different states, and in all
dsse' t tbs'ne revenue "mas' P paws, u 1nxs: the the
criminal laws, and in admiralty cases, with
the right however, of the court to certify
preme court for its decision. Il never
should DO forgotten that in the great char
ter which the barons Of England wrung
from their king. he declared that he would
mot deny nor delay to n man justice or
eight. and the realization of this great ne
The learned jurist delivered his speech sit
ting. To his left sat Judge Sawyer.
Again the monotonous tones of the court
crier were heard: ''All persons having
business with the United States circuit
court of appeals for the Ninth circuit will
now depart, for this court adjourns.'
This new court has been established to
relieve tho supreme court, which Is now
fully three years behind. During the last
term there we're 1,798 cases on the calendar,
of which were disposed Of only 61O. In the
supreme court every %jnstice has personally
the decision of the court of appeals will
be final. These cases are clearly classified
in the law creating the court. This court
has become a necessity. Litigation has en-
tirely changed the past forty years. Once
the state courts could dispose of most of it,
great corporations extend through many
states, and the result has been to throw a
great mass of jurisdiction upon the federal
courts.
The act creating the court provides that
it shall exercise appellate jurisdiction to
decision in the district court and the exist
ing circuit courts in oil cases n u UNI
less otherwise provided by law, and the
judgments or DEGREES of the circuit courts
of appeals shall be final in all cases in
which the jurisdiction is dependent entirely
controversy being aliens and citizens of
the United States, or citizens of different
states; also, in all cases arising under the
patent laws. under the revenue laws, and
under the criminal laws, and in admiralty
cases, excepting thnt in every such subject
within its appellate jurisdiction, the circuit
court Of appeals at any time may certify to
the supreme court any questions or PROPOSE
tions of law concerning which it desires the
instruction of that court for its proper
decision.
Thu law specifies that certain cases shall
still go on appeal to the supreme court.
Among these are: Cases in which the juris-
ulCtlOn of the CONT ia IN lGHu6. RpDealH
flom final sentences and DEGREES in prize
oauses; cases of conviction of a capital or
otherwise Infamous crime; cases that in
volve the construction or application of tho
constitution of the United States: GASES in
which the constitutionality of any law of
the United States or the validity or con-
struction of any treaty is in question:; cases
in which the constitution or law of a state is
claimed to be ia contravention of the CON
stitution of the United States. 1t is speci-
fled that nothing in the new law shall affect
the jurisdiction of the United States gu
preme court in cases appealed from the
highest court of a state, nor the construc-
ton of the statute providing for the review
of such cases.
The court will consist of Justice Field,
pre- siding justice; Judge Sawyer, senior as
sooiate justice, and Judge Deadly, junior
associate Justice. 1t will have jurisdiction
over California, Nevada. Oregon. Washing
ton, Idaho. Montana and the Dakotas.
Their gentle action and good effect on tho sys-
tom real mako them a perfect little pill. They