Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-18
A COURT OF APPEALS.
The Bill Passed by the House Of
Representatives Today.
THE TEXT OF THE MEASURE.
The Judges and Court Ofncers Provided For
How 1t Will Relieve the Great Pressure
of Business OF the District Supreme Court
and Court in General Term.

Oi DubtuSsS OI supreme SOurt
and Court in General Term.
The District of Columbia court Of appeals
bill was taken up by the House today and
passed.
The full text Of the bill as passed Is as fol-
lows:
Be it acted by the Senate and House of
Representatives of the United States of America
in Congress assembled, That there shall be and
there is hereby established in the District Of
Columbia court to be known as the court of sp-
peals of the District of Columbia, which shall
consist Of one chief justice and two associate
Justices, who shall be appointed by the President
by and with the advice and consent Of the Sen
ate, and shall hold Office during good behavior
Sec. 9. That the said justices shall each re-
ceive an annual salary Of 10000, payable quar-
terIy at the treasury Of the United States, ex-
cept the chief justice, who shall receive $780,
Sec 8. That each of said justices, before he
enters upon the duties of his office, shall take
the oath prescribed by law to be taken by the
judges of the courts Of the United States.
Sec. 4. That there shall be clerk of said
court Of appeals, to be appointed by the court,
| who shall receive as compensation for his serv-
| ices, in the discretion of the court. annual
salary not to exceed the sum OF 5000. pay
able quarterly at the treasury of the United
States, and who shall give bond. such
as the court may determine to be
| satisfactory, for the faithful performance Of
his duties, and his duties shall be such as the
court may from time to time prescribe.
The court shall regulate from time
to time the fees to be charged
by the said clerk, which shall be &C
counted for at least once in each quarter and
| paid into the treasury of the United States,
| and said clerk shall receive such allowance for
clerical assistance and necessary expenditures
| in the conduct of his office as the court may
determine by special OF general order in the
premises, but not to exceed the sum Of 81, 900 in
any one year, payable as aforesaid at the
treasury Of the United States.
Sec. 5. That said court of appeals may
appoint a crier at a compensation not to exceed
500 month. and a messenger at a compensa-
ton not to exceed $50 month, both payable
at the treasury of the United States, who shall
perform such duties as may be assigned them
by the court.
Sec. 6. That the said court Of appeals shall
establish a term of court during each and every
month in each year, and it shall make such
rules and regulations may be necessary and
proper for the transaction of the bust
| ness to be brought before it, and for the time
| and method Of the entry Of appeals and for
giving notice of appeals thereto fromthe Su-
preme Court of the Distri ct of Columbia, and
| such other rules and regulations as may be
| necessary and proper in the premises
on account Of illness or other cause during the
session thereof or shall be disqualified from hear
| ing and determining any particular canse by
having been of counsel therein, or by having as
| a justice of the Supreme Court of the Dis
| trict of Columbia previously passed upon the
| merits thereof, or if for any reason whatever
| it shall be impracticable to obtain full court
! of three justices, the member 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 fill
| the vacancy vacancies SO created, and the
justice or justices designated shall sit in said
court Of appeals and perform the duties of a
| member thereof while such vacancy or vacan-
cies shall exist; Provided, That no justice of
| the Supreme Court of the District Of Columbia
shall, while on the bench of said Court OF APP
| peals, sit in .eview of any judgment, decree or
| order which - shall have himself entered or
| made.
| Sec. Z. That any party aggrieved by any
| final order. judgment or decree Of the Supreme
Court Of the District Of the Columbia, or Of any
| 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 by appro-
pirate orders duly entered of record
be transferred and delivered to the
court Of appeals hereby created, which
said court of appeals is hereby
vested with authority and jurisdiction to hear
! and determine the causes 30 transferred. The
appellate power and jurisdiction Of said gem
| erai term is hereby abrogsted and abolished,
and no cases shall hereafter be heard in the said
general term. Appeals shall also be allowed to
said court Of appeals from all interlocutory
orders Of the Supreme Court of the
District of Columbia, or by any JUS
tice thereof, whereby the possession Of
property is changed or affected, such as
orders for the appointment of receivers, grant
| ing injunctions, dissolving writs of attachment
and the like; and also from any other inter-
| locutory order. in the discretion OF said court
| of appeals, whenever it is made to appear to
said court upon petition that it will be in the
| interest of justice to allow such appeal.
Sec. 8. That any final Judgment or decree of
| the said court of appeals may be re-examined
| and affirmed, reversed or modified by the Su-
| preme Court of the United States, upon writ of
appeal in all causes in which the matter in
dispute. exclusive Of costs, shall exceed the sum
| of S5,00O in the same manner and under the
| same regulations heretofore provided for
| in cases of writs of error on judgment or
| appeals from DEGREES rendered in the Supreme
| court of the District OF Columbia, and also in
all cases, without regard to the sum or value Of
/ the matter in dispute, wherein is involved the
validity Of any patent or copyright, or in which
is drawn in question the validity Of a treaty or
statute of or an authority exercised under the
| United States.
Sec 9. That the determination of appeals
| from the decision Of the commissioner of pat
ents in interference cases and appeals, now
vested in the aforesaid general term Of the
| Supreme Court Of the District of Column
bia, in pursuance of the provisions Of section
$50 Of the Revised Statutes Of the United States
relating to said district, shall hereafter be. and
| the same is hereby, vested in the court Of ap-
peals hereby created.
Sec 10. That the opinion of the said court of
appeals in every case shall be rendered in writ
| ing, and shall be filed in such case as part of
! the record thereof.
Sec II. That the said court of appeals shall
have power to issue all necessary and proper
remedial and prerogative writs in aid of its APP
| pellate Jurisdiction.
Sec. IL. That the Attorney General is hereby
empowered and directed to provide suitable
| rooms and accommodations in the city Of
Washington for the court Of appeals hereby
created 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 az
he now executes those of 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 81, 600 each,