The Birmingham age-herald., 1914-09-27
NEW PROPOSALSFOR
 FEDERAL COURTS
Entirely New Circuit Pro- vided in Bill Introduced by
 Senator From Tennessee

Washington. September 26--(Speeial9 As though the wide rivalry for the late Judge Shelby's seat on the bench had not complicated conditions sufficiently In the Fifth federal circuit. two bills nave been introduced in the Senate which make the situation still more interesting. Be- yond this, both measures are of great importance to both the lay and profes- sional elements of the present Fifth cir cult and other sections.
 By one bill, presented by Senator Shields of Tennessee, a new federal circuit, with a circuit court of appeals, would be estab lished, to be known as the Tenth cir cult. The other measure, from Senator Sheppard of Texas, would provide fer the appointment of additional judge in the present Fifth circuit.
 First providing for a new Tenth cir cult, with a circuit court of appeals, cou- sisting of three judges, Senator Shields bill continues:
 ''The said Tenth circuit shall be com posed of parts of the Firth, Sixth and Eighth circuits as now constituted, and shall comprise and have appellate juris- diction of the following districts:
 "F'irst-The northern district of Ala bama and the northwestern district of Mississippi, which now are parts of the Fifth circuit.
 ''Second-The districts of Tennessee. which shall include the western, middle and eastern districts of that state as now constituted for the district courts from the Sixth circuit as now constituted
 'Third-The districts of Arkansas. which shall include all the districts as now constituted for the district courts of said state, from the Eighth circuit as now constituted"
 The chief justice and associate justices Of the supreme court shall allot one uf their number to the new circuit, as Is the case in the present system.
 term of the new court. according to the bill. shall be held annually by the circuit court of appeals at Memphis at such time as may be fixed by the court, the judge holding the commis- sion oldest in date to be the presiding Judge. The office of the clerk of the court shall be maintained at Memphis
 Finally, the clerks of the circuit court of appeals of the fifth, sixth and eighth circuits shall transfer to the clerk of this court all records and pa- pers in causes then pending and not argued in those circuits at the time the proposed new court is organized
 No time is specified in which the proposed new law should become op- erative.
 Far more brief than Senator Shields bii, Seualor SnepparuS measure sim ply provides that the President by and with the advice and consent of the Senate, shall appoint "an additional circuit judge in the fifth judicial cir cult, who shall possess the same quail fications and have the same powers and Jurisdiction and entitled to the same salary now provided by law in respect to the present circuit judges therein"
 Apparently, however the fourth place on the bench will be only temporary, the final clause reading:
 That in the event of a vacancy after such appointment In the office of any of the circuit judges of the fifth cir cult, such vacancy shall not be filled by appointment until the number of judges who are able to serve actively shall be reduced to less than three"
 Both measures now are before the committee on the judiciary.