Arizona republican., 1912-03-05


 to enforce it's orders against the
 state of Pennsylvania: and the state of PennSylVania surrendered Chiet Justice Marshall afterwards upheld
 the power of authority of the district court. All this you will find in the case of the sloop Active reported in
 the fifth Cranch.
 When it became necessary to or ganize the federal government under 'the constitution of the United States the power of the district court was 'of course. enlarged. strengthened and made more effective and permanent in the judiciary act of September ( 17S9.
 There have been in the history of the district court some of the ablest judges in this country on its bench Men who would adorn any court in this or any other country. Men like Judges Peters. Ware. Blatchford, Hoffman. Deadly and Drummond. might give others in the long list of great district judges, but the names are familiar to any lawyer who has had occasion to practice in the fed eral courts-men that have given character and strength to our whole judicial system
 When the federal judiciary was organized under the constitution the supreme court was provided for. and as have said the district courts were established on more solid foundation. There were thirteen dis trict courts. one in each Of the ori- ginal thirteen states and three circuit courts This circuit court had two justices of the supreme court of the United States and one district judge. Later, d law was passed which re- lieved the supreme court from send ing two of the supreme court jus tices to hold each of the circuit courts and provided for one supreme justice to hold that court with the district judge.
 In 1909 congress found it neces- sary to organize the United States From that time down to the first of the present year there has been a circuit court presided over by a cir cult judge and later two, and finally three circuit judges By the recent act of congress adopting the judicial code of the United States the entire jurisdiction of the circuit court has been placed in the district court. The two courts have been consolidated into one court so that the district courts of the United States are now the trial courts for the United States the courts of general jurisdiction in the federal judicial system; and the circuit judges are now judges of the United States circuit court of ap- peals.
 But congress provided that circuit judges shall sit in the district court when public interest requires. It is under this authority that I am here today am authorized to organize and hold the district court for the district of Arizona. This is supposed to be a very efficient way of uniting the courts. and thus bringing their into a uniform system.
 TO return again to the district court. The great power of that court and it's history is something unique. one of its greatest grants of jurisdictions Is that Of admiralty
  all the constitution of the United States says about the court. lay man would say: Where do you get the law to administer in this juris- diction? The district courts admins ter the law for those who transact business on the high seas. People engaged in commerce and trade across the seas and in all parts of the world have got to have laws to regulate and determine their rlghlS and duties: but no legislature mas ever legislated as to what the law shall be. It is a law of custom and not of legislative act. It is very fact that the most i'm ,ortant jurisdictions of the court on the seaboard and the great lakes IS the ancient law of custom. and the only statute upon the subject IS sim Div one giving the district court Jur- isdiction of admiralty and maritime cases. Of course you will not have much admiralty and maritime JurlS- niction in this court, as you are not upon the sea coast have read however. that Salt rlNer is navigable. but I believe that IS only for political craft. and vessel of that character has certainly no insurable risk for either hull or cargo Qaughter). The court Wlll' therefore. not he troubled with that jurisdiction. Nevertheless your judge will be called upon frequently to go to the seaboard and to assist the iudges there in administering the admiralty law This law, by the way, is over two thousand years old. and has come down to us from the Rho dians. Augustus Caesar said that he was sovereign over the land. but that the law was sovereign over the seas He said he could do as he pleased on land-his will was law but when he came to the margin Of the land and faced the sea. he then gave way to the law of the sea. and he had no jurisdiction to determine the rights of men by his will.
 "Frequently in San Francisco and Puget Sound. and in other places the courts have jurisdiction of matters relating to acts in the remotest points of the globe. We had at one time to determine when the war between Chili and Peru began; what the rights of the various owners of yes sels were in going in and coming out of the ports We have had to de- termine questions arising in the Eng .nI alSau-bara the