Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-02-21
THE DISTRICT COURTS.


~ ErOUest Against the RrOppsed Extinction
Of the Right Of Appeal.
To the Editor Of The Evening Star:
The bin to create q local court Of appeals. in
the shape recommended BY the Judiciary com.
mittee Of the House, cuts out the right of ap-
peal from tine proposed court to the Supreme
Court Of the United States in all those cases
whose importance is measured by the amour,
of money involved. and limits this right &c
cases wherein is involved the validity OF
patents, of copyrights or Of the statutes and
treaties of the United States.
No such extinction of the right Of appeal was
within the conception of the Bar Association.
in whose mutiiated work the task Of suppress
sion has been accomplished. And against this
feature of the bill every citizen Of the District
every friend OF justice and every lover Of
liberty ought indignantly to protest, In order
to render the judicial power of the Union
within this District o-e1tensiye with the power
OF legislation our local court has always been
INVESTED with jurisdiction for the enforce
ment of private rights. unknown to- and, in
some particulars. incapable of exercise by the
inferior tribunals of the Union in general
Possessed not only of those powers which are
usuallay exercised by the state tribunals, but OF
those, and of more than those. which have been
committed to the circuit and district court,
of the United States. the Supreme Court OF
the District of Columbia may be truly
said to be of unlimited Jurisdiction
both rs to parties and to subject matter,
except as afirmatively restrained by the
Constitution or by the enactments of Congress
Sovereigns, ambassadors and other public min
listers excepted, all persons who may be found
at the seat Of government are there liable to
suit without regard either to their own citizen.
ship, residence or nationality or TO the citizen
ship, residence and nationality of the person OF
corporation instituting the suit. The foreign
has sain ofl arr i,iS
may sue and the foreign consul or vice consul
may be both sued and indicted in our local
court. The members of the Senate and of the
House Of Representatives are constantly sub
ject in their property and Except as specially
exempted by the COnstitution) in their persons
also to the same jurisdiction. Even the heads
Of the executive departments through which
the vast and complicated business OF
government is administered are re-
qulred to obey the mandamus of this
exceptional depository OF judicial power.
IL we pass to the nature of the controversies
which in practice engage the attention of our
local Judiciary, the subject matters of such con-
troversies will be found to embrace nearly the
whole field of general Jurisprudence. A iuris-
diction so extraordinary, affecting SO exten-
slyely the interests of the government, and
potentially, at least, the rights of the agents OF
foreign governments as well AS the rights OF
those persons within the United States; a juris-
diction which embraces, or may embrace, every
concelVaole subject matter which may occupy
the attention of court of justice; a jurisdio-
ton which acts increasingly upon the life,
liberty and property of a permanent popula-
ton without voice in the selection either of its
judges or Of the executive who appoints them,
and without representation in that body by
which national courts are ereated-sueh iuris-
diction ought, peculiarly and at all times
to be subject to the august and supervising
authority of the supreme tribunal of the Union,
No deeper injury could be inflicted upon the
people of this District, no greater evil can be
visited upon our local Judicial system than to
reduce to a shadow the appellate jurisdiction OF
the Supreme Court of the United States over
the District Judiciary. 1t is nothing TO say tina,
the proposed Court Of Appeals will be com
posed, if established, OF Judges OF probity,
learning and experience, notwithstanding their
compensation is limited to 5000 per annum.
For, since it is never to be anticipated that cor
rupt or incompetent judges Will be selected
for any tribunal, the original Jurisdictions of
all courts ought to be created final. if the right
of appeal rested merely upon the probable
character of the individuals composing the
courts. 1t is to the Supreme Court Of the
United States, as possessing from its constitu.
ton. rank and functions the highest claim to
popula- confidence. that the people of this Dis
trict desire, in their peculiar situation, to APP
peal when necessary. s.