The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-21
TO REORGANEE
FEDERAL COURT
Bill Proposed for Congress
to Pass.
THE CHANGES PROPOSED
JURISDICTION OF THE DISTRICT
COURT ENLARGED.
THE OLD CIRCUIT COURT ABOLISHED
The Circuit Court of Appeals Becomes Simply
the Circuit Court. The Court of Private
Land Claims to Last Only
Until Next June.

An act of Congress approved last
March provided for the appointment of
three commissioners-Alex G.. Botlin,
David Il. Watson and David b. Culber-
son-'sto revise and codify the laws
concerning the jurisdiction and practice
of the courts of the United States, i'm
Guiding the Judiciary act, g y . and
all acts providing for the removal, appeal
and transfer of causes"
This duty has been completed so far
as it relates to the District Court. the
Circuit Court and the Court of Private
Land Claims. The report of the commits
sionerS is iii the form of a pamphlet of
133 pages, and is sent out with view
to soliciting suggestions from members
of the bench and bar.
The proposed bill contemplates some
changes Of more or less radical charac-
ter in the existing system of United
States courts. The principal changes
are as follows:
The bill provides for a continuation of
the District Courts, to be presided over
ny one judge at the same salary as is
now received $4,000 a year, payable
iiIOHtlllyJ. anu IOT IL CleTk dUu deputy
clerk and crier to he appointed by the
judge as now, and at the same compensa-
tion. These courts shall always be open
as courts of admiralty, equity and bank
ruptcy, as now.
The bill enumerates forty-one subjects
of which the district court has original
jurisdiction, and concludes as follows:
''11ie true intent and meaning of this
nafs n hof Hhn 1sifff
Courts siial! have and exercise all the
jurisdiction conferred upon them by law.
and i'm addition thereto, all the jurisdic-
tion exercised by the Circuit Courts of
the United States in accordance with
law. at the time of the passage of this
act.''
The forty-one cases in which the Dis
rrict courts have original jurisdiction
are:
j. Who're the United States are plain
t;fr ---<.--1-s--ss7sAs tssssTs
2. OF the civil suits at common law
and in equity.
B Grimes and effenses.
A. OF piracy.
5. OF slave trade.
6. Of penalties and forfeitures.
Z. Suits to enforce Internal revenue
taxes.
S. Suits concerning revenue from inn
ports.
8. Passengers in merchant vessels.
10.Against officers and owners of yes
sells.
IL. Injuries en- account of acts done
under laws of the United States.
u. For penalties and damegss for
frauds against the United States.
13 Suits under pOStal laws.
IA. Admiralty causes, seizures and
prizes.
-. Condemnation of property taken
as q prize.
/. Suits on debentures.
II. Suits for injuries by conspirators
i. certain cases.
IS. Suits to redress deprivation of
civil rights.
10. Suits to- recover offices.
20. Certain proceedings by quo war
ranto.
u. Persons having knowledge of a
conspiracy.
%. National banking associations.
2:e. Suits by aliens for torts.
~ Suits against consuls or vice-con-
suls.
%. Bankruptcy.
26Suts against the United States.
-. Asuits for the protection of trade
marks.
%. Unlawful enclosure of public lands.
20. Suits under contract labor act.
30 Violations Of interstate commerce
act.
81. enforcement Of act regulating in
fer-tsate commerce.
80. Trusts, etc, in restraint of trade.
49, Importation of aliens.
81. Arbitration between carriers and
other employees.
35. Allotment of land to Indians.
81. Trusts, etc, in restraint of import
trade.
81. Suits on bonds of contractors to
furnish paper.
SO. Violations of law respecting equip
ment of railroads.
80. Violations of copyrights.
az. Violations of rights of patents.
Al. Injunction against violation of
copyright.
The districts are designated and d.
yided into nine circuits, and for each cir
cult it lis provided there shall he three
circuit Judges, who with the Justice OF
the Supreme Court assigned ito the cir
cult constitutes the Circuit Court, tne
jurisdiction of which is appellate. inns
Virtually abolishes the present Circuit
Court. the duties of that court being con-
feired upon the District Court and sub
stitutes the Circuit Court for the Cir
cult Court of Appeals.
A Circuit Court may affirm, mod1gy
or reverse amy judlSment, decree or order
of a District Court brought before it for
review, or may direct such fur
ther proceeding to be had in the District
Court as the justice of the case may
require.
''Ihe Circuit Court shall exercise APP
pellate jurisdiction to review by appeal
or by writ of error final decisions in the
District Courts in all other cases than
those in which appeals and writs of error
may he taken direct to the Supreme
Court
Where upon a hearing in equity in
District Court an injunction shall be
granted, continued, refused or dissolved