The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-02-10

How 1t Operates
BY William Brzckarf
FEDERAL JUDICIARY

TT is common mistake for persons
to misstate the title of the head of
the federal judiciary. He is chief
justice of the United States, not the
chief justice of the Supreme court
of the United States, for his duties
and powers are vastly broader than
just those of presiding over the ma
tons highest judicial tribunal
The Constitution provided for our
system of courts, but it established
only the Supreme Court Of the United
States. 1t gave power to congress,
however, to create the entire system
of United States courts as it might
see fit, and to that end the legislative
branch Of the government established
the courts of original jurisdiction,
calling them District courts, and APP
pellate courts, which are known as
Circuit Courts of Appeals, of which
there are ten with varying number
of justices, depending upon the amount
Of litigation in the circuit.
District courts, of course, are near
est to the people. 1t is into that court
that the United States attorneys go
seeking Indictment and prosecution Of
violators of federal statutes, and it
is into that court corporations and In
dividuals go to seek adjudication OF
differences when their claims arise I'M
der a federal law or when the defend
ant resides in another state. The Dis
trict courts, therefore, provide the cit
izen with a means Of reaching those
against whom he has a grievance even
though that individual or corporation
be located across the continent.
The name of the Circuit Court Of
Appeals defines its place in the ju-
dicial structure. 1t is just that, and
in a great majority of the cases that
reach it from the District court, it
becomes the court of last resort as
result of the power which the Supreme
Court of the United States has. The
highest court can say and, indeed, it
does say in the bulk of the cases de-
cided by the several Courts of Appeals,
that It will not consider them further.
That ends it. The question then is
res adjudicata, to employ the legal
phrase.
The Supreme court cannot avoid
consideration of all of the cases, how
ever. for if they involve a question Of
constituting the Constitution, those
cases can reach the highest tribunal.
Likewise, in a dispute between two
states of the Union, the Supreme court
has to hear of the matter, because in
that instance it becomes a court Of
original Jurisdiction and can have a
jury to hear the testimony If it so
desires.
Appellate courts operate in some
thing of the same fashion, except that
they obviously have to examine every
case that is appealed from the Dis
trict where all of the evidence was
taken. Very frequently, it is true,
they do not go far with the cases sent
to them from the court of original jur-
Isdiction, because a very great num-
Der are dismissed when the Circuit
judges have satisfied themselves that
justice was done in the court below.
However, even then the litigants in
the cases can ask the Supreme court
to review the matter, but that court
may or may not let the cases come
before il as II sees fit. It never re-
fuses, however, IL there is Consti-
tutional question involved, or II seri-
Gus doubt is shown as to rights Of
citizens under the statutes of their
own states.
From this 1t becomes evident that
the Supreme court transacts an enor-
nous amount of business.
It has been said that the Supreme
court is never able to catch up with
it's work. That Is true. In sense,
for it always has cases on its docket
awaiting decision. In another respect,
the statement is untrue, however, for
it always allows itself time In which
to study the questions before 1t and
determine the far-reaching conse-
quences of it's rulings, condition Of
which every justice is mindful at all
times. Its reputed slowness, there
fore, may be said to be In the inter-
est of justice to all.
But I mentioned at the outset that
the chief justice had other work to
do. Without attempting to recite his
duties in detail, it may suffice to show
the character of his duties by calling
attention to the fact that it Is an obi
CATION of his to see that the Circuit
courts keep up with their work. It is
quite obvious that circuit judges sit
ting in areas like the plains states,
where the population is scattered, have
not the amount of work to do that
confront those sitting in a populous
circuit like New York. The chief
justice knows the status of the dock
cts throughout the nations, and If, for
example, the judges get behind in
New York, one or more of the judges
from elsewhere in the nation is or
dered to New York to help out
There are two other courts which
should be mentioned in any discussion
Of the judiciary. They are the Court
of Claims of the United States and
the United States Court of Customs
and Patent Appeals. Both are in
Washington: both have limited juris-
dictions. The Court Of Claims is the
only tribunal where only the United
States can be the defendant. In other
words. it hears only suits against the
government. The Court of Customs
and Patent Appeals deals only with
the highly technical questions relating
to tariff duties and patent rights un-
der the laws affecting those two fields.