The Washington herald., 1909-04-04
FEDERAL PREROGATIvE.
The COuntry's Two independent
Legal JurisdietiOns.

Legal Jurisdictions
W le H. Ellis. 10 National Magazine.
Federal law. then. includes the Con-
stitution OF the United States. the stat
utes OF Congress enacted in pursuance Of
the Constitution. the treaties made be-
tween the United States and foreign na-
tons. and the Old common law Of England
as modified by the surroundings OF the
early American settlers. and as developed
hy the growth Of our Institutions. and the
changes in the business habits and meth
DDS OF our people. This law is in force
in the United States courts with respect
20 ali persons and matters over which
such courts have Jurisdiction. We have,
therefore. throughout the whole country
two Independent jurisdictions operating
within the same territory. the one being
the State courts administering the State
laws. and the other the Federal courts
administering the Federal law. and yet
there IS no natural or necessary conflict
bttween them. IN fact. the United States
courts, sitting within the territorial linn
its OF the States. are required 10 adopt
their practice pleadings. and forms TO
those existing al the time in like causes
n the courts of the state within which
he Federal Judges sit.
The Jurisdiction OF the United States
courts extends TO all matters I'm which
the United States is a party; 20 all crimes
committed against the United States. 10
all actions affecting the Representatives
OF foreign nations, their ambassadors.
public ministers. cOnsu.s and the like,
20 all admiralty and maritime matters.
a..N .raa a..k
lie waters or the navigable rivers and
streams Of the country. and 10 all con-
tracts - be executed upon such waters
rivers. NJ navigable streams. or which re-
late 10 maritime services and transac-
tiOns: 10 suits for and against national
banks: 10 cases OF bankruptcy; 20 the en-
forcement Of the immigration statutes;
the import, internal revenue. and postal
laws: 10 suits involving patents and
copyrights. TO controversies respecting
Federal offices and the powers and duties
CT Federal officers. and 10 suits brought
directly 10 redress the deprivation OF
rights secured by the Constitution.
But by FAR the most important field OF
Federal jurisdiction Is that which con-
Germs controversies between the citizens
q different states. The Constitution ex-
pressly provides that the courts OF the
AlAtAEA s7AANN@ ElflA4 nave lrfAtNAAHAA Nhrl
such persons and such subject matter. and
measured by the volume OF business, this
IS the most extensive grant Of power 20
the Federal judiciary. II IS By reason %
this PROVISION Of the Constitution that the
FederSl courts have come In late years
90 play so considerable a part In litiga-
ton affecting interests lying wholly or
partly within the confines Of one or the
States OF the Union. Corporations, being
held 20 possess an equal right with nat
ural persons 20 sue and % be sued in
the Federal courts where there is a
diversity OF citizenship between them and
the other party 20 the litigation. have by
their enormous development in recent
years added greatly % the work OF these
courts. So the new legislation OF Con
gress respecting common carriers and in
terstate relations generally has vastly in
creased the volume Of business IN the
Federal courts.