The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-06-17
IN SILKEN ROBES.
Judges Field and Sawyer Organize
the New Court.
An Appellate Tribunal Established for Cases
Falling Under the Jurisdiction of the
United States Supreme Court
A new Circuit Court of Appeals was

A new Circuit Court of Appeals was
formally organized yesterday morning in
the room of the United States Circuit
Court in the Appraisers Building by JUS
tice Stephen j. Field and Judge Lorenzo
Sawyer The courtroom was crowded with
many wel-known representatives of the
bench and bar. besides number OF DR. omi-
! nent laymen. Among those present were:
United States District Attorney Charles Gar
ter and assistants Witter and Shurtleff. Charles
carter Jr., Master in Chancery 5. {: HoughtOn,
e&-Judge Wheeler, Hon. W. w. Morrow, Col.
l,ctor of Port t. Il. Phelps, ex-senator Whitney.
Stu@t Taylor John Casserly, ex- Marshal
Franks, United States Official Reporter Clement
bennett, w. ). HilbOrn, &. l.. Weller, w. 5.
Woods, Shipping Commissioners Morton, j. T.
Garey, Messrs Mowry, Tllus, Scrivner, Nathan
Edward aanF 8YE S"ns II " M M;a nEfS ases
Bert, E. S. Vidaver j. c. Merrill. Walter
Holmes. e. S. Shaelzer, Alex. Campbell Jr.,
lLEanghor1. Miller, Fheld, Hutton, Gustave
District Clerk Marley, John FOuga, Marshal
Long. Depu y Marshals Parish. Mel1ney, Dean,
Wood ex-Judge MJrck and many others.
At exactly IL o'clock Crier Worth rappe
Tor order, the assembage a rose and re-
manned standing while Justice Field and
Judge Sawyer entered and took their seats.
They were attired in long siken robes, afte r
the manner of the Justices OF the United
States Supreme Court. Judge Sawyer Oc-
cupied seat Immediately to the left of Mr..
Justice Field, who delivered an address,
from which the following extracts are made:
JUSTICE FIELDS ADDRESS.
This is the day appointed for holding the first
term OF the new Circuit Court of Appeals eslaO-
Shed by the act of Congress in March last Its
object Is 10 relieve the Supreme Court of the
united States from the vast accumulation OF
business which now crowds its dOckets. and at
the same time TO bring nearer 10 suitOrs the ju-
dlclal force required Tor the disposition OF pOr-
ton Of such business.
The number OF cases on the calendar OF the
term OF the Supreme Court just closed was 1898.
The number OF cases disposed OF during the term
was 6lO, little more than one-third, and
mucn larger number Than ever has heen hereto
fore disposed OF at any time. Up 10 the middle
OF the present century the number OF cases on
the calendar OF that court did not average 140
term, and IN no instance exceeded go. The
present increase OF cases has arisen from the
CHI nged condition of the country, OF its com
merce, OF its industries, and of the habits of its
people The enlarged commerce on tile seas and
on the navigable waters OF the United States
since 1850 have greatly added TO The number of
admiralty and maritime causes. The genius OF
our people has brought into existence a multi
tude OF useful inventions for the security OF
which patents have been obtained, aud for the
Infringement OF these, suits I'LL the Federal
courts, which ultimately ind their way TO the
Supreme Court. The disposition OF patent cases
alone has occupied large portion OF the time OF
the court at every term.
The agencies of steam and electricity in the
movement of machinery, aud transmission OF in-
lelilgence, creating railways aud steamboats,,
teiegrdpD- and telephones, have reV0lutl0niZed
business between different portions of the couu.
try from what IL WAS IN the early part of the cen
tury, and has led TO nnumer able transactions
between citizens of different States and c0ntrO-
versies arising tberefrOm have found their way
into the Federal courts and hence to The SUI
preme Court OF the United States. 1t was stated
at the centennial celebration OF the organization
OF the Federal Judiciary. which took place In
New York in February, 1890, that more than
0ne-half OF The present business OF the Supreme
Court arises from such controversies.
DISTRICT AND CIRCUIT COURTS.
The present Distrct and Circuit courts will
exercise The same jurisdiction as heretofore, and
In cases affecting their jurisdiction, aud IN prize
causes, aud In cases OF conviction OF capital
or Infamous crimes, and in cases Involving the
construction OF application OF the Constitution
OF the United states, appeals VIII lie from their
| Judgment directly 10 the Supreme Court, but IN
other cases the appeal Will 90 from their de-
cisiOns To the new Circuit Court OF Appeals and
the judgments and DEGREES OF the Circuit Court
Will De- hnal IN all cases where the Jurisdiction
is dependent upon tile opposite parties being
aliens and citizens of the UUted States, or cit
liens OF different States, and IN all cases arising
under patent laws, under the revenue laws,
under the criminal laws, aud IN admiralty
| cases, with the right, however, Of Tie court TO
certify any particular question OF law to the
Supreme Court for its decision.
As viii thus De seeu, very large part OF the
cases which now mud their ultimate decision IN
| the Supreme Court of the United States will be
| disposed of by this new court. Although The
| present docket OF the Supreme Court of the
United States Is so very large that u VIII be TWO
or three years before il Is reduced that that
| court eau dispose OF the eases on The calendar
each term, yet by the operation OF TINS new
Court of Appeals in disp0sing the finally,
provided by the new law. that court VIII In q
few years be able to dispose OF its entire BUSH
ness at every term, aud thus VIII be accom-
plished great improvement In the aGministra-
ton OF justice, for TO delay the decision OF eases
| Is in fact partial denial OF Justice.
ii never should be forgotten that In the great
charter which the barOns OF England wrung
from their King. he declared that he would not
deny nor delay TO any man justice or right, and
the realIZa ion OF this great necessity is the
object vi the present law.
IN PLACE OF HOFFMAN.
At the conclusion of the adore SIS, Justice
| Field announced the appointment of Hon.
| Mathew Z. Deadly, United States ID strct
| Judge for the District of Oregon, to Il Cir
| cult Judgeshp as a member Of the new
| court, in place of Judge Hoffman, who is
| too i'll TO take the seat to which he is en-
| titled by law. Frank ID. Monckton was
! also named for Clerk of the Court but the
| other appointments were postponed until
Monday, when Judge Deadly is expected
| here.
The court will consist for the present Of
| Justice Field as Presiding Justice, Judge
| Sawyer as Senior Associate Justice and
| Judge Deadly as Senior District Judge. The
| jurisdiction extends over California, Ne
vada, Oregon. Washington, Idaho, Montana
| and the DakotaS.