New-York tribune., 1911-12-28
Mr.. Walkers Letter.

Mr Walkers letter was, in part as fol-
lows
10 the Circuit Judges Of the United states.
Section of the judiciary act Of March
3 lel. provides that "tle Chief Justice
snd the associate justices of the Supreme
Court. ass gned TO each circuit, and the
circuit Judges within each circuit and the
several district judges within each circuit,
shall be- competent TO sit as judges OF the
circuit court OF appeals within their re-
Section l2J of the judicial code Of March
q 1911. contains q copy OF the foregoing
enactment, except that it Omlt- the words
snc t1e circuit judges within each cir
cult This omission was discovered by my
SELF early % May, 1871, when I first critical
j examined the judicial code ot March 3,
1911. and J also discovered the defect Is not
cured anywhere in that code. / thereupon
wrote letter 20 Senator Dillingham; one
n tho member Of the ldl airy committee
Of the United States Senate, calling his
ter Mar IS lHll and was TO the effect
t1at f1e error had not been noticed 0y any
member OF that committee prior 90 my let
ier calling attention thereto.
But Senator Dillingham; suggested 10 re
thar N the error We're 20 be- corrected by
Inserting FOB the judicial code the same
words that operate in Section Of the
judiciary act Of 1891 20 make the circuit
judges competent 90 sit as Judges Of the
Circuit Court ~ Appeals within their re-
spsctve circuits the tuoicis a code Would
Ht-al "I''a SNORT OF NA.i n.l.- % ~ -A.t t-
ne circuit judges % hold such Circuit
Courts ~ Appeals
Uuder these circumstances. / ventured 70
draw Dim for an act 10 amend The judi
Gal code and send that bin 10 Senator
DlrChau Cor the consideration Of the
JuolcIarE Committee That Dbl was
Promptly introduced by Senator Sutherland.
and referred 10 the judiciary Committee,
and was soon reported 70 the Senate with
ont aug change Afterward, in July. 1871,
vas unanimously passed by the senate.
bUt the BIZ was not passed Dy me Rouse
hr.or 90 lts adjournment on December Il
Now. inas,nuch a. the judicif code will
90 into effect on January j, 1917, ana VIII
thereby oDerate 70 repeal section Of the
judiciary act OF 1891. IL results that no law
ri Circuit Court OF Appeals can be held
" elther o. the nine circuits o. tne Inited
s.,ates D. any circuit iudses az any I'm,
Nter December q 1911. until Senate dill
~ is passed by fhe House OF Representa-
tives I'M approved bv the President OF the
United States or until the above described
-lFcr in the judicial cooe IS corrected oF
Sme other Congressional enactment
The ground on which one OF the Judges
OF the Circuit Court Of Appeals, seen yes
ssrosy in the Federal Building, based his
e7'nion that Mr. Walkers conclusions were
oVerdrswr was that there was enough IN
zee section under consideration 20 enforce
tAt conclusion that Congress intended the
circuit Judges 90 sit IN that court.
don't want 10 discourage this laudahle
interest the judge remarked, but nave
20 doubt that the circuit judges VIII SIT as
court Of appeals after January J. and
Doh think that defeated parties VIII be
30 rath as % appeal their suits on the
s'Sund Of lack Of Jurisdiction, either
'"ogs Coke was reluctant 20 talk about
'@e matter on the ground that he was TO