New-York tribune., 1912-01-01
u. S. CIRCUIT COURT
ENDS ITS EXISTENCE
Created by Bill Signed by George
Washington; Is Abolished
After 122 Years.
JURISDICTION SlMPLIFIE0
All Gases Will Now Go Before
District Judges-The Only
Position Wiped Out Is
That of Clerk.

The United States Circuit Court, almost
ss old as the republic. ceased to exist with
the last stroke of midnight, and to-day all
original Jurisdiction under the federal laws
rests in this district with the United states
District Court.
The institution of the Circuit Cou. en-
listed exactly 122 years three months ana
seven days. II was President Wash
| ingtcn who signed the judiciary bill estab-
fishing the Circuit Court on September "a.
| 1889. and the bill sbolishing 1t was signed
| by President Taft on March 8, 1911
| Under the new judiciary act the United
States District Court has the original 1uris-
diction in all federal cases, except those
belonging to the Commerce Court and the
Court of Claims, at Washington, ano the
original jurisdiction of the United States
| Supreme Court under the Constitution. The
act does not affect the jurisdiction OF the
territorial courts in Alaska, Porto RICO
! Hawaii and the Indian Territory.
| The judiciary act of 1889 conferred orig
insl and appellate Jurisdiction upon the
Circuit Court. These courts were In most
cases tribunals of intermediate appeal be-
tween the district courts and the United
i
Harrison signed bill creating the present
Court of Appeals, and thus the Circuit
Court lost appellate power, and was re-
duced. in sense, TO place Of concurrent
jurisdiction with the District Court. NJ
that time there was demand 10 abolish
the Circuit Court entirely. and the matter
was argued in Congress al great length.
| Division of Jurisdiction.
The concurrence Of jurisdiction led to
many complications, and II was found neces-
sary to resort to a division of jurisdiction
between Circuit and District Court III the
nine circuits in the United States. In the
Southern District of New York the Circuit
Court took jurisdiction over criminal cases
and equity cases involving more than $4,000
while the District Court had jurisdiction
over bankruptcy cases, admiralty and ma
rine caseF. forfeiture suits and all equity
cases involving smaller amounts.
The new judiciary act now In force was
aimed to simplify all this and TO remove all
doubt as to proper jurisdiction. All cases
under the federal laws will now go before
the United States District Court. The
change will be made without noticeable
for1nalties, and neither judges nor their
STATS will be affected.
The only position abolished is that Of the
clerk of tho United states Circuit Court
which has been held in this circuit for
many yea.g by John A. Shields, United
States Commissioner. The position carried
a salary Of $500 a year. Mr.. Shields. one
OF the best known figures in the Federal
Building, TiI! remain there, however. in the
exercise Of his duties az commissioner and
will hold hearings IN the same room II
which he has presided at the end Of lone
table for such long time.
Peter Alexander. also a commissioner anC
clerk Of the District Court, will take oye
the additional burden of supervising th'
filing and handling Of papers Formerly file,
in the Circuit Court
! New Work for Judges.
The vital change caused by the new &C
will be that circuit judges will be no longe
debarred from sitting in the District Court
though their principal function will be 4
consider cases on appeal before the Circui
Court Of Appeals, which remains unchange'
under the act. Because of an omission il
that sectionswlrieh provided for 1hk snurnee
Of judges in each Of the circuits and IKE,
their salary, fear was expressed in SOM
quarters that there would be no judges To-
the Circuit Court of Appeals. The section
failed to state that the circuit judges Il
each circuit should be judges OF the Circui
Court of Appeals.
To make the law specific OH this poin
and TO remove all occasion for doubt as Il
the authority Of the circuit judges TO sit II
the Circuit Courts OF Appeals an amend
ment was introduced in the Senate by Mr.
Sutherland at the last session Of Congress
This has been passed by the Senate ant
reported favorably by the Judiciary Com
mittee of the House. The House neglected
Ito act on 1t, and will not be able TO taxi
lit UP before January 8, when Congress re
convenes two days after the new law goe
into effect. This amendment provides tha
| "the circuit judges In each circuit shall b
judges Of the Circuit Court of Appeals II
that circuit, and it shall be the duty o
each circuit Judge In each circuit to sit a.
one of the judges of the Circuit Court o
Appeals in that circuit from time to time
according 10 law" This provision woul,
remove all question Of the authority of tn
circuit judges 10 SIT in the Courts of Ap
peals.
! Members of the Senate Committee on tn
Judiciary who have examined the new cod
on this point are of the opinion that. al
though the section in question does 10
specifically authorize the circuit judges t
sit in Circuit Courts Of Appeals, in con
injection with other sections of the code
lis sufficiently clear to remove all question
Of the.- authority.