The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-05-27
FEDERAL COURTS MIXED.
Peculiar Wording of an Act just Passed
by Congress.

Peculiar Wording of an Act Just Passed
by Congress.
President Cleveland has signed the bill
changing the terms of the United States
District and Circuit courts of the Northern
District of California.
There is nothing startling or strange
in this act if considered solely on
its face, but just the same the new law
may bring about complications which
will finally result in dropping all criminal
prosecution in some half-dozen OF the
most famous cases ever put on a court
calendar.
Prior to August. 1886, the Federal courts
were known as the Circuit and District
courts of the District of California, but at
the time named Congress passed an act
dividing TIE State into two districts,
known as the Northern and Southern.
The civil cases were transferred 10 their
respective districts, but the criminal court
calendar was continued, that is in some
cases.
This revival of defunct court was due
to the then District Attorney, who con-
tended that criminal cases should be tried
IN the old court. Justice Field rendered
an opinion affirming the position of the
District Attorney so far as it related to
cases before that body. A Grand jury
against Benson. Perrein and others, now
famous in the great land litigation.
While no new business has been placed
on the calendar these cases have been con-
tinued from term to term and now await
the action of the authorities at Washing
ton. The bin just signed by President
Cleveland makes no provisions for the sit
ing of this old court of the District OF Cali
ornia. 1t is question therefore as to the
egal existence of this body. If it has
none, then the Benson case from Grim
inal standpoint is settled.
In any event it will be necessary for
Judge McKenna to call special sessions. as
the new law is radically different from the
old.
Judge Morrow said yesterday that the
law continuing in existence the District
Court of California is found in section of
the act of August 5, 1886, under which the
Benson cases are being prosecuted. That
section, ne claims, has not been changed
or In any way modified or disturbed.
Judge Morrow contends that the new act
amends section of the old act and moth
ing else.
Under the old law the United States
courts met the first Monday in February,
second Monday in July and fourth Mon
day in November. The first two terms
were OF five months each and the last only
two months. This was not an equal divi-
sion of jury service, but before the Court
of Appeals was established it was the best
that could be devised.
For some months now, however, this un-
equal system has been manifestly ap-
parent and an effort was accordingly made
to change it. The law as it now stands
makes the beginning of terms as the first,
second and first Mondays in March, July
and November
Judge Morrow adjourned court yester-
day at the CONCLUSION of the Zimmerman
case, but it is his purpose to order spe-
cial session, which will continue until the
time arrives to open the regular session
under the new bill. The Grand jury was
dismissed yesterday and it is not
likely that another will be called before
the July term.