New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-09
THE NEW CIRCUIT COURTS.
FULL TEXT OF THE ACT CREATING THEM.
REGULATION OF THE JURISDICTION OF UNITED
STATES TRIBUNALS BY CONGRESS.

to define and regulate In certain the jurisdiction
Of the Courts Of the United states, and Tor oer pu
he it enacted by the Senate and House Of Repre-
senatives OF the United States of America in congress
dent OF the United states by and with the aaste a
irc% 0t te sena bs Gae bs lame qualifications
and shall have the same power and jurisdiction t.Si
that the Circuit Judges Of the United states, wltmh
their respective circuits under existing laws
and who shall be entitled to the same compensation as
the Circuit Judges of the United states III their N
spcctive circuits now have.
section >. That there is hereby created in each
circuit Circuit Court of Appeals which shal consist
OF three Judges. of whom two shall constitute d quo
rum, and which shall be a court OF record WIN np
pellac jurisdiction, as IS hereafter limited anu 10, e sys
Of its seal and the form OF wTits ana oter procese
and procedure as may be eomforma6e TO the
shall have the appointment of the marshal OF me
Court with the same duties ana powers uIlu 1 t T
regulations OF the court now provided lot the
marshal of the supreme Court of the United states
so far as the same may be applicable; Inc court oi
ercisc the same duties and powers In fegad 10 d,
matters within its jurisdiction as are now exercised anu
performed by the clerk Of the supreme Court OIL to
United states, 50 far as the may be applicable
The salary OF the marshal Of the c9ut sa co on Shall
be $4,000 year. to be paid in equal proportions
quarterly. The costs and fees IN the supreme oouIt
the Circuit Courts of Appeals; and the same shail DC
expended accounted for, and paid f0r ana pau o'gI
TO the Treasury Department Of the United states III
the same provided in respect Of inc COSTS
and fees in the supreme Court ,,.,, -, u,,,os and
regulations for the conduct of the business OF the court
within its jurisdiction as conferred by iaw o,, Jus
sec g. That the Chief Justice and the Associate JUS
tces Of the supreme Court assigned to each circuit ana
the Circuit Judges within each circuit ana the seserat
TO sit as Judges of the Circuit Court OF up,
pcalS within their respective circuits IN ch we
m aer or am associate Justice Of the supreme
Court should attend at any sIS on oil ne circut
judges in attendance upon the court in The absence OF
the Chief Justice Associate Justice of the supreme
Court shall preside in me order oil the seniority u
In the full court at any time shall not DC alo
M by the attendance OF the Chief Justice or an AssO
clae Justice OF the supreme Court and Circuit Jndge
one or more OF the District Judges within the circuit
shall be competent 10 sit In the court acc0iIlg 10
such order or provision among the District Judges as
either BY general or particular assignment sha ce
or Judge before whom cause or question may nave
been tried heard In District Court, or eXistnS
Circuit Court shall sit the trial or hearing OF sucn
cause or question in the Circuit Court of Appeals: n
tern shall be S np na py t9 TG a the foowh
places In the first circuit IN the oly OF hosGn ~,
third circuit in the City Of Philadelphia: in the fourth
circuit in the City of Richmond in the hhh circuit
in the City Of New Orleans In the sixth circuit in me
CITY Of Cincinnati; in the seventh circuit IN ulc
City of Chicago in the eighth circuit; in the Guy OF
ST. Louis; In the ninth circuit in the CRY OF san
Francisco: and in such other places in each OF the
above circuit, said court may from time to uihe
designate. The first terms Of said courts shall be
held on the second Monday In January. 1871 ana
thereafter such times may be fixed by sad courts
or otherwise shall hereafter be taken allowed from
any District Court 10 the existing Circuit Courts, anu
no appellate jurisdiction shall hereafter be exercised or
allowed by sad existing Circuit Courts. but all appeas
by writ OF otherwise from SAID District COurIs
Of the United state, or in the Circuit Court Of Appeals
hereby established. is hereinafter provided ana tlc
review by appeal by writ of error or Otherwise; lOm
the existing Circuit Courts shall be had only In the
supreme Court of the United state or in the Clrcqt
Courts Of appeals hereby established according 10 the
provisions OF this act regulating the same. 49,,
sec ). That appeals writs OF error may be taken
from the District Courts from the existing Circuit
Courts direct TO tho supreme Court III the lolo"ns
In any case in which the iuisdicton Of the court is
in issue in such cases the question Of jurisdiction alone
shall be certified TO the supreme Court from tie court
From the final sentences and in prize causes
In cases of conviction OF capi'h OF o'"c'"iSo III
In any case that involves the construction or APP
In any case In which the constltutiOnalty Of any
law Of the United States, or the validity or cohstruc
ton OF any treaty made under Its authority Is Drawn
In any case in which the constitution or law Of a
state Is claimed 70 b. in conraVchoh Oh the 'oh''u
Nothing in this shall affect the jurisdiction OF the
supreme Court in appealed from the highest
court Of state. the construction oil the statute pro-
vdlne for review Of such caa., .. ,,,,o.,. os,,,.
shcd by this act shall exercise "Ppeate jqr'dGrGSa
District Cont and the existing Circuit Courts III All
cases other than those provided for In the preceding
section Of this act unless otherwise provided by law
and the judgmN, DEGREES Of the Circuit Courts OF
Appeal, Shall Ice final in all cases In when the )uriS
dicon Is dependent entirely upon the opposite parties
20 the snit or controversy being aliens and citizens of
The United states or citizens Of different states also
revenue laws, and under the criminal laws ana IN ad
mlralty cases excepting that in every Nuch NuJccs
within its appellate jurisdiction the circuit Court OK
Court OF the United states any questions or PROPOSE
tons Of law concerning which desires the instruction
Of that cort for 1t, proper decision. And thereup0n
the supreme Court may either give ii, Instruction
on thc GucStlons and propositions certified to IT, which
sboll he binding upon the Circuit Courts Of Appeals
in such IL may require that he Nh1lc Irto,N
and thcrcnpon shall decide the whole matter in con
trovcrsy in the same manner As IL II had neih Drought
there for rrvicw by writ of error or appeal .
And excepting, also, that In any such case as Is
bcrcnbcior. made hna in the Circuit Court Of Ap-
pcal, 1t shall be competent for the supreme OourC
io REQUIRE by cert0rir otherwise. any such case
to be certified TO the supreme Court lor IT, ,v'.w
and determination with the same power ana authority
in the case a. II 1t mad been carried by appeal or
writ error to the supIeme court ,. soctio mad,
final there shall be OF rS9' IN apP n OK am "a Of The
United states where the matter III '0U,T,S S hai
exceed Fl OUO besides cost. But no Nucn appear shau
be taken or writ OF error sen OUT; Gs r ierree
sought TO be reviewed. ,.,. o..,,.,. f.,
See. T. That where. upon hearing IN equity III a
an Injunction shall IL granted or continued 10y an
introductory order or aGSaeci NAV hc ten under the
provisions Of this act 10 the circuit COURT Oh nPpes
an appeal may be taken from such lnerloentoy oiutr
mr. decree granting continuing such injunction To
the Circuit Court OF Appeals Provided that me
riiry Of such order decree. ana 10 shall take pre-
ccicnce in appellate court and me procedures IN
of
unless otherwise ordered by that court during the
pcndcncy of such appeal. l., -
See J. That any justice or judge, VINO ID PUT
suance OF the provisions of this act shal attend tle
Circut Court Of Appeals held at any place olher
tha, where he resides shall upon his written GER
tGcate he paid by the marshal Of the district III
bich The court shall be held, his reasonable expenses
MIL u and attendance not 10 exceed so per day
and such payment shall be allowed the marshal IN
th enttlcmcnt his accounts Win the tnlted Stas
"iV 90 q THAT the mar,has of the several districts
in which said Circuit Court Of Appeals may De helJ
hall under the drct0u of the Attorney 6eneral Oh |
10 iiiritnd st,tcs and with his approval provide such
rooms in the public buildings Of the m'eu Hss ~
sud Courf Including crcrS, balllis ana hleNsensers
Ir"vdcJ however That In case proper rooms cannot
lao nrovided i'm such buildings then the Sid larsni,,
with the approval Of the Attorney ,,eneraI Oh ale
United states may, from time To tnle tease Sucn
rooms ms may be necessary for Shch tourus lha.
tho marshaIs cricrs, clerks, baslihS ANA messengers