The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-19
FROM THISSTATE
Late Judge Carpenters
Seat to Be Filled.
What the United States Law
Is Upon the Subject.
Residence in the District Is an Ab-
SOlute Requirement.

1t would be within bounds TO cay that
not one out of five lawyers in the city OF
Providence knows whether or not the
successor of the late Judge George NJ.
Carpenter of the United States District
Court must necessarily be a resident OF
this State. AS matter OF fact there is
general impression that the Presi-
dent may appoint either Rhode Islander
or a man from Massachusetts, TO fill the
vacancy.
This IS not the case, however. Judge
Carpenters successor must be a Rhode
Island resident.
According to the judiciary laws of the
United States, each OF the following in
dividuai States constitutes federal judi
cial district in itself: Rhode Island,
California, Connecticut, Delaware, In
diana, Iowa, Kansas, Kentucky, Louis
lana, Maine, Maryland, Massachusetts,,
Minnesota, Nebraska, Nevada, New
Hampshire, New Jersey, Oregon, Ver-
mont and West Virginia.
The district OF Rhode Island was es-
tablished by act of Congress June %,
1890, and of Massachusetts, September "a,
1889.
The other States not enumerated above
according to the extent of their terri
tory. In no case does q district include
two or more States nor any portions of
two States.
Another provision of the same act OF
Congress in the chapter relative to tho
organization of the district courts is as
follows:
"a district judge shall be appointed
for each district and every suoh Judge
shall reside in the district for which ne is
appointed and for offending against this
provision shall be deemed guilty OF a
high misdemeanor.
The uncertainty in the minds OF the
local lawyers as to the point of
residence Is due TO the fac.
that Judge Carpenter from time to time
presided over the federal court sitting
at Boston, from which 1t was inferred
that the residence of the judge made no
diefironce. This is exclaimed by the sys-
tenn of substitution authorized by the law.
Whenever district judge is absent on
vacation or for any other reason unable
TO preside, the judge of an adjoining dis
trict is 10 be assigned TO fill the
temporary vacancy. When Judge Car
penter sailed for Holland, District Judge
Nelson of the District OF Massachusetts,
was assigned TO preside over the Rhode
Island district IL the necessity OF holding
court should arise. For the same reason
Judge Nelson will be the acting judge OF
this district until the vancancy is filled
by new appointment.
Judge Colt has no authority TO act in
the place OF Judge Carpenter because
there is no provision by which circuit
judge NAV preside over district court.
On the other hand district Judge may
preside over the circuit court provided
that IL Is in session within his own dis
trict. That is Judge Carpenter could
have performed the duties OF Judge Colt
SO far "a Rhode Island is concerned. Fur.
thermore, since 1891 Judge Carpenter mar
have served in Boston In capacity
other than that OF substitute for
Judge Nelson. On March 3, 1891,
Congress passed bill establishing
the circuit court OF appeal The
bencn Of this circuit court consists Of
a circuit judge and two district Judges
and two OF the three constitute a quorum.
For this circuit the Appellate Court VI.
ways sits al Boston and Judge Carpenter
was OF course eligible to serve as one OF
the bench.
TIE first United states circuit irCludes
Rhode bland, Massachusetts, Name aud
New Hampshire. Each ciroait has three
judges and IN this one they arc Judg G
Gray ei the supreme Bench, VINO Is as.
signed and must sit wicnin tho circuit
ct least'onco IN the two years, ana Judge
Putnam and Judge Colt.
The successor OF either Judge Colt or
Judge Putnam may be resident of
Maine, Nsw Hampshire, Massachusetts,
or kb0ce Islard,