Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1909-06-02

o'o' may DC taken from tn
district or circuit courts direct IN On
supreme court in cases Of convic,;or
OF a capital or otherwise infamou
crime, but as amended by act OF Jan
"ary 20, 1897, GO Stat. 1927. IN,
words "or other infamousu ue,,
stricken out, so that now the eireui,
courts OF appeal have authority to re
view final decisions in cases OF in
famous crimes not capital.
The same appellate Jurisdiction, tc
review judgments Of the suprem,
courts OF territories as have the cir
cult courts Of appeals to review iudp
ments OF the district and circuit courts
3" power to review judgments under
criminal laws rs administered by the
supreme courts Of the territories. Lin.
itation is prescribed by the Language
which confines the review 70 cases
where the judgments OF the circuit
courts OF appeals are made final by
the act Of 1891 and the amendment Of
1877 already mentioned. We regard
the particular words just quoted not
ms referring so much to a particular
class OF cases 10 be heard, but as pri.
marily comforting the general judicial
power which, as indicated, is to review
by appeal or by writ Of error final de.
cision. Whether the particular case Is
one where the power may be exercised
is another question, and that is ascer.
tainable by inquiring whether the
judgment, order or decree sought to be
reviewed Is one made or given by the
supreme court Of the Territory in
case not capital, or is one arising un.
der the patent or admiralty laws, and
is one where the Judgment Of the cir.
cult court Of appeals is made final: II
IL Is, then review may be had.
1t is n fact, Of course, that a judg.
ment in a criminal case brought by
writ Of error to the circuit court OF
appeals is usually one arising under
the laws Of the United States exclus-
lively; but that is incidental, in no wise
with the view that Section
Is Of the Judiciary act of 1891 ex.
tends the jurisdiction Of circuit courts
Of appeals to review judgments, orders
and DEGREES OF the supreme courts OF
The territories in eases not capital,
whether under federal or territorial
1t being true then that the act is
broad enough generally to include au'
thority to review the judgments of
territorial supreme courts, the proper
scope to be given to the appellate jur'
is to include within the class
u judgments made final by the decis-
ons Of the circuit courts Of appeals
Judgments in all cases Of infamous
,rimes not capital arising under the
criminal laws wherein judgments have
been pronounced by territorial supreme
courts, as well rs by district and cir.
.uit courts. In this way the several
provisions Of the whole act are har-
nonized and we are led to the conclus'
on that the jurisdiction Of the circuit |
ourts of appeals extends to proper
riminal cases wherein territories, as
veil as the United States, are parties.
In Steamer Coquilam VS.. United
states, 1873 u. 8. 346, the supreme
,ourt said of the Judiciary act OF
SOL: "Looking at the whole scope |
4 the act Of 1891 We do not doubt |
hat congress contemplated that the
inal orders and DEGREES Of the courts |
4 last resort in the organized terri
cries of the United States-by what
yer name those courts were designated
n legislative enactments-s should be
eviewed by the proper circuit court
4 appeals, leaving to this court the
Of the respective territor-
es among the existing territories In !
filler VS.. Territory Of Oklahoma, 14e
ed. $40, the question now under con-
liberation was considered by the court
Z appeals of the Eighth eireai', ana II
vas held that there is nothing in the
anguage employed in Section 10 OF
he act referred to, to indicate that
eyiew would not apply to eases arising
nder the criminal laws Of the Terri
Dry Of Oklahoma, rs well as those OF
he United States. Judge Phillips, for
he courts, points out that the decisions
a the ease of Aztec Mining Company
$. Ripley, l5l U. s. 70, did not in
end to limit the classes of criminal
ases that might be reviewed to Of
enses denounced by federal statutes
My. And We take the same view, the
lotion to dismiss Is denied and juris'
iction retained. =