Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-10-20
THE NEW UNITED STATES COURT.
Its Jurisdiction and Practical Operations
Defined by Clerk Meioney.

Clerk Meloney. Of the United States
Circuit Court Of Appeals for this district.
has furnished the Baltimore Sun with the
following. defining the jurisdiction anu
practical operations of the new courts:
"By the act creating the court the appeilate
Jurisdiction Of the existing circuit courts, 10
which appeals from the district courts were
formerly taken. has been abolished, ana
oil appeals from both the circuit h.p
district courts must hereafter be TAKEN ~, Nv,
rectly cither TO tho Supreme Cont or 10 the
new circuit courts 81 appeals, depending upon
the subject matter There are nine circuits, com
prisIng all the States and Territories OF tne
Union. and circuit court OF appeals Is, by me
recent act. established rs an appellate court ior
each circuit.
"The Fourth circuit comprises the States OF
Maryland. Virginia, West Virginia, North caro-
Ina, ard nth Carolina. ana Tor TINS circuls tno
new appellate court i established at Richmond,
where the Clerks Office il located. But the &c,
provides that the court may sit nc such other
places IN tho circuit "a 1t may Determine lor
the better convenience of the Court ana couu-
CONSTITUTION OF THE FULL COURT.
"Upon the Supreme Court bench there are
nine Justices, one Of whom Is. assigned 10 each
circuit and by the recent act are made conipe-
tent 10 sit as judges OF tho Circnit Court OF APP
peals within their respective circuits, and When-
over present, shall be the presiding Judge IN
that court. In the Appellate Court OF tho Fourth
circuit the Chief Justice OF the United statss,
the pres Mt circuit Judge, and tho audtIoiihi
circuit iudgel 10 be appointed constitute tne
court In me absence Of the Chief Justice the
senior circuit Judge presides, and the fnll court
IL made up by tho assignment OF lulge OF one
Of the district courts OF the circuit.
All appeals from any Of the circuit or as
trict courts must be taken direct TO the circuit
court OF Appeals for that circuit excepting
cases involving the jurisdiction OF inc court, 1e-
crecs in prize cases, capital or othcrWlse, iHil-
nous crimes, construction Of the Constitution OF
the United states, the constitutlOnality OF any
law Of the United States, or where tho ConSlilu-
ton or law OF a State IL claimed TO De IN contra
yenion Of tho Constitution OF inc unlteu rlhtes.
All eases comprised within these exceptions
must be appealed directly from tbs lower court
60 the Supreme Court
ALIENS OR CITIZENS or OTHER STATES.
"In all other cases, such as where the iurisdic-
ton of the lower court is dependent upon the
oppo-ite parties TO the suit being aliens, or citi-
IONS OF different States, cases arising under tho
patent laws. the revenue laws the criminal ia".'
aud admiralty cases, the appeal must go ulttct-
Is (, "a, Circuit Court Of Appeals, ana IN" u,-
cision. Of that court Is final Bat tne circuit
Courtof Appeals may IN any case certify 10 tho
supreme Court any question OF Jaw Cohcern'ilS
which IL desires the instruction Of that court ior
rs proper decision. And in ~ n case the o.
IRENE Court may either give its instru'ton'
which shall be binding. Ormay require the "u""
record 70 lie sent up, and decide tho Whoie
mnttcr. And IL is also competent for inc Su-
prsfnc Court 70 require, by cfrtOrGft or othtt-
wise. any such case 10 be certified 70 j. or ~ r.
view In all cases not above specified "a being
made final IN the Circuit Court Of Appeals the
right Of appeal from It 20 the supreme Court ~
given where tho matter in controversy oAcecus
$1,000.
"Proylsion H. also made for appeals to tho Cir
cut. Court Of Appeals from interocgtory orders
or decrees Of the lower courts III Ell iity where
an inlun stion may be granted or contnlei, DIt
the appeal must be taken within thirty chy-
and such IN appeal takes precedence Ia the Ap-
pcllate Court