Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-13
Questions Asked and Answered
Regarding These and Other
Similar Terms
THE SUBJECT CONFUSES MANY.
Lawyers Are Frequently Puzzled and
often INDUCED Ia Dispute over
MystiJing Entanglements,

asking to have u set or questions on
the United states court system an
swered. He seems to be puzzled as to
The meaning Of district court" Circuit
court" Circuit court OF appeals" and
tba relation Of each to the other. The
question Is not an easy one to de-
termne. for the limits Of jurisdiction
between the district court and "cr-
cult court" Is one which puzzles lawyers
and often leads to disputes. Utah has
mayer had the pleasure OF a visit from
a circuit Judge except once, and that
was in a Union Pacific foreclosure case,
His court was IN session only a few
moments, Outside Of this visit the
district court judge has attended TO all
government cases, and has opened and
closed the circuit court with the dis
tIict court. on appeal from either
court cases have gone to the Circuit
court of appeals" which is composed
Of the circuit court judges sitting a. a
council or I'm banC," as It is stated,
legally meeting in May at ST. Paul IN
September at Denver, and I'm DcCem-
ber at st. Louis.
IN looking up the matter II Is surpris-
Ink what a difference is found between
the theory Of the courts ana the prac-
tise. For instance, i'm this circuit the
circuit judges have found it impractic-
able 10 travel about holding circuit
courts, and therefore leave the work
10 district judges, they meeting only in
bauc' to try cases on appeal. A JUS
tice of the supreme court is attached
70 the circLit with authority to meet
with circuit judges, but there Is no In
sfuHga u ,Vhigh no has Ipnn is
interesting 10 note I'm this connection
that the circuit courts are considered
by many lawyers 10 be a remnant Of
0ld-time form, which has OutgrOWn It's
usefulness, and that a bill is now be-
fore Congress 10 abolish them, leaving
their work TO the district courts. or
district courts there is generally one To
each state, except In the biggest states,
which are subdiyided, The new plan
proposes TO leave the circuit court OF
appeals as a stepping stone between
the district courts and the supreme
court,
QUESTIONS OF CORRESPONDENT.
The specific questions asked by the
correspondents and their answers arc
as follows.
T. What states are embraced IN each
WIZ, DO 49, 20 tht, tiS,'t. S'"' -
tvbf,b ~ re- e',n, ',n t,'I,,o. ,.,.
beep assIg,ad ~ ME r,rn'it 5''r'' ''''o
Vbat 90 the niirnoeo ~ assi,,,i,,,,
a member of the snDrar,,e court tn o.oS
circuit. and yybat ara HE duties Il, t,a
circuit?
3. Explain the differences between
me United states district court and the
United States circuit court.
g. Are Judges of he United States
district court also Judges I'm tho circuit
courtss
e. Give the names Of tho iudges of
our United States supreme court
The answers 10 each question follow.
L. The distribution of states into cir.
cults is as follows: First cIrcuit--
Maine, Massachu New Hampshire
Rhode Island; second clrcuit-Connerti
cut, New York, Vermont. third circuit
Delaware, New Jersey. Pennsylvania.
fourth olrcuit-Maryland North Car.
olina, Virginia. West Virginia. afth
circuit--Alabama. Florida Georgia
Louisiana, Mississlppl. Texns. si2tb
circult-Kentucky, Michigan, Ohio. Ten
nessee: seventh clrcuit-Illinois Indl-
ana, Wisconsin: eighth circuit-Arkan-
sls Colorado, Iowa, Kansas. Mime
sofa. Missouri, Nebraska, North Dako-
a. South Dakota, Utah wyoming. IN
dian Territory, New Mexico, Oklahoma:
ninth circuie-Califbrnia, Idaho. Mon
tana, Nevada, Oregon. Washington.
Alaska, Arizona, Hawaii
2. This circuit has no circuit Judge.
but the business of the circuit court is
attended to by John A. Marshall dis
trct Judge, and the circuit and district
Judges Of tho eighth dietrict oro Waito,.
H. Sanborn Of ST Paul. Amos NJ
-Thayer, of 81 Louis. willis Van De.
yautcr, Of cheyenne, and William {.
Hook of Leavenworth, The circuit
court of appeals IS composed of these
Judges sitting I'm banc and I'm practise
Il has hcor fourd tbot casss or a,,,aoi
have consumed their time 10 the excu.
sion Of their regular circuit work For
that reason II is seldom that n circuit
Judge tries cases except when sitting I'm
the circuit court of appeals I'm ton
years OF Utah practise a circuit fudge
has been here but once and that was
for a few minutes in the Union PACT
fc foroclos,Ira caso
3 The supreme fudge assigned 10
this district il David j. Brewer.
g. No active duties are assumed nv
supreme Judges IN connection with
either the circuit courts or circuit courts
N appeal Their n ss,gnnent 70 tbo d,s e.
trlcts give them tbe priviIege Of sitting
with the circuit Judges, A Justice who
should take This privilege would he de-
barred from again hearing the case In
The supreme court. and ms most cases
heard before the circuit courts Of an
peal are carried into the supreme court.
the supreme Judges never exercise their
privilege.
B. The difference betveen tho dis.
tHct court and rircuit oovrt ,s G sno
one which Is NOT clearly established
in Utah custom has ploced tho uris-
eiction OF the dictrict court over civil
matters and The circuit court oyor
criminal matters.
o. Judges of tho district court arr
oIt'n given authority to hear circuit
court cases, but on appeal they do not