Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-03

trict of Columbia previously passed upon the
merits thereof. or IL for any reason whatever il
shall be imprzcticabie 20 obtain full court Of
three justices. the member or members Of the
court who shall be present shall designate the
justice or justices of the Supreme Court Of the
District Of Columbia TO temporarily I'll the va
| cancy or vacancies so created. and the justice
or justices SO designated shall SIT in said Court
Of Appeals and perform the duties of q member
| thereof while such vacancy or vacancies shall
exist: Provided. That no justice of the Supreme
Court OF the District of Columbia shall while
on the bench Of said Court of Appeals. sit in
review Of any judgment. decree or order which
! he shall have himself entered or made.
Sec. Z. That any party aggrieved by any
final order. judgment or decree o. the Supreme
( Court Of the District of Columbis. or OF any
justice thereof. may appeal therefrom 20 the
I Court Of Appeals hereby created: and upon
such appeal the Court Of Appeals shall review
such order. Judgment or decree and affirm. re-
verse or modify the same as shall be Just: Pro-
/. vided. however. That all causes now pending
before the said Supreme Court IN general term
/ together with the original papers and record
entries duly certified. shall bv appropriat e
! orders duly entered o; record be trxnsferred
and delivered to the Court of Appeal
hereby created. which said Court OF Appeals is
Hereby vested with authority and jurisdic-
ton 20 hear and determine the causes so
transferred. The appellate power and jurisdic-
! ton O. said genera. term is hereby alb
rosated ard abolished. and no causes shall
] hereafter ps heard in the said general term.
| Appeals shall also be allowed TO said Court Of
Appeals from all interlocutorr orders of the
| Supreme Court of tine District OF Columbia or
! by any justice thereof. whereby the possession
/ OF properly Is changed or affected. such rs
| orders to- the appointment: OF receivers, grant
ing in june iors. disso.ving wits o. attachment:
and the like. and also from any ether iuter-
| iocutory o-Ier. In the discretion of said Court
| of Appeals, whenever it is made 10 appeal to
U Al
interest % justice 20 allow scch aDpea,.
Sec. s. That any faa. judgment or decree Of
the said Court OF Appeals may be re-eza,ined
AID affirmed. reversed. or modified BY the Sr-
preme Court of the United STATES. upon writ
OF error or appeal, il all causes in which the
matter i'll dispute. exclusive Of costs. shall eX-
coed the sum of 5000. in the same manner ard
under the same regulations heretofore pro-
yided for in cases OF writs OF error on judgment
or appeals from DEGREES rendered in the Su-
preme Court OF the District of Columbia: and
also in cases, without regard to the sum or
value Of the matter in dispute. wherein is in
volved the validity Of any patent copyright ;.
or in which is drawn in question the validity o.
a treaty or statute of or al authority exercised
under the United States.
Sec. O. That the determination OF appeals
from the decision of the commissioner OF pat
eats, now vested i'll the general term of the
Supreme Court Of the Dist-ic. of Columbia. in
pursuance Of the provisions OF section $50 Of
the Revised Statutes of the United States. re-
iating to said District of Columbia. shall here
after be and the same is hereby vested in the
Court of Appeals created by this act: and in
addition, any party aggr!eved by decisiCl OF
the commissioners Of patents in any interference
case may appeal therefrom to said Court Of
Appeals
Sec. 10. That tine opinion of the Court Of APP
peals in every case shall be rendered In writing
and shall be filed in such case as part Of the
record thereof.
Sec. IL. That the said Court Of Appeals shall
have power to issue all necessary and proper
remedial prerogative wriss in aid Of its appellate
Jurisdiction.
Sec. IL That the Attorney General is hereby
empowered and directed to provide suitable
rooms and accommodations in the city Of Wash
inston for the Court OF Appeals hereby create
and for the transaction Of its business.
Sec. IS. That the marshal of the United
States for the District Of Columbia shall exc
cute the orders and processes OF the Court Of
Appeals hereby created in the same manner as
he now executes those o, the Supreme Court of
the District of Columbia.
Sec. IA. That the justices Of the Supreme
Court Of the District OF Columbia shall here
after receive an annual salary OF $1,000 each
payable quarterly at the treasury OF the United
States.
Sec. IS. That hereafter one-half Of the
amounts paid on account OF salary to the JUS
tees Of the Court Of Appeals hereby created.
and to the justices OF the Supreme Court Of the
District OF Columbia. shall be paid from the
revenues Of the District Of Columbia.
Sec. Is. That this act shall take effect on the
Sd day OF April. 1893. said day being the first
day OF the April term OF the Supreme Court Of
the District OF Columbia in general term.
Sec. II. That all acts and parts Of acts
inconsistent herewith are hereby repealed.
THE COURT IN GENERAL TERM.
By some it has been supposed that the estab-
lishment of the Court OF Appeals abolished the
Court in General Tern. Such, however, is
not the case. for while the latter court
has been deprived of its important
appellate jurisdiction, it still remains il ex-
istencs, with the power to make rules an regu-
lations governing practice before the District
Supreme Court and to appoint United States
commissioners, examiners in chanccry and
constabes. Another effect Of the establish
ment of the Court Of Appeals is to provide ad-
ditional courts through the releasing from
duty on the bench OF the Cour; in General
Term of the three judges vino here
tofore have been forced to give their time to
, that court. Hereafter, two circzit, two crimi-
nal and two equity courts will thereby be made
possible. and 1t is more than probable that an
order TO such an effect will shortly be made.
APPEALS FROM THE POLICE COURT.
Another important effect OF the es .ab..sh-
ment Of the Court Of Appeals is, it is claimed,
that the right Of an appeal from the judgments
of the Police Court is abolished. Heretofore,
judgments of the Police Court could be appealed
from to the Court in General Term. But uu-
der the provisions Of ths Court Of
Appeals act such appellate jurisdic-
ton is taken from the Court in
Genera. Ternt. and. either through oversight or
design. IS not delegated to the new court. The
Police Court, many lawyers hold, is thereby
made a court OF last resort in all cases
coming before it. There are some
members of the bar, however who
question the correctness of such an opinion, they
being Of the opinion tina. the right OF appeal
from the Police Cour. 10 the Criminal Court ia
revived. and from the la:Ier such al appeal
can be still further prosecuted to the Court Of
Appeals.
1t seems to be we'll settled, however. that no
appeal in criminal case can be taken from the
Court OF Appeals to the United STATES Supreme
Court except, of course. where some constitu-
tional question is involved. The right OF An
appeal from the judgment of justice Of the
peace to the Circuit Court still remains, and it
is generally believed that such an appeal may
finally be heard and determined BY the court
of appeals through an appeal from the judg-
ment Of the Circuit Court.