The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1933-02-17
Our Government
How Il Operates
FEDERAL JUDICIARY,
By William, Brueaars


TT rs q common mistake for per-
sons 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 broad
er than just those of presiding over
| the nations highest judicial tribunal.
The Constitution provided for our
system of courts, but II established
only the Supreme Court Of the
United States. 1t gave power to
congress, however, to create the en-
tire system of United States courts
| as 1t might see fit, and to that end
| the legislative branch Of the gov.
eminent established the courts OF
original Jurisdiction, calling them
District courts and Appellate courts,
which are known as Circuit Courts
Of Appeals, OF which there are ten
with varying number of justices,
depending upon the amount Of liti-
| cation In the circuit.
District courts, Of course, are
nearest to the people. It is into
that court that the United States att
torneys go seeking indictment and
prosecution OF violators of federal
statutes, and it is into that court.
corporations and individuals go to
seek adjudication of differences
when their claims arise under fed.
eral law or when the defendant re-
sides In another state. The District
/ courts, therefore, provide the citi-
| zens with a means Of reaching those
| against whom he has a grievance
| even though that Individual or cor
| poration be located across the con-
tinent.
The name Of the Circuit Court Of
Appeals defines its place in the Ju-
dicial structure. It is just that, and
{, in a great majority of the cases that
reach 1t from the District court, it
becomes the court of last resort as
| a result of the power which the SUI
preme Court of the United States
has. The highest court can say
!, and, indeed, it does say in the bulk
+; of the cases decided by the several
Courts of Appeals, that it viii not
consider them further. That ends
it. The question then is res adjudi-
cata. to employ the legal phrase.
The Supreme court cannot avoid
consideration of all of the cases, how
ever, for If they involve 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.
L Appellate courts operate in some
sthing. Of, the same fashion, except
that they obviously have to examine
every case that is appealed from the
district 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 jurisdiction, because
very great number are dismissed
when the Circuit judges have salts
fled themselves that justice was
done in the court below. However,
even then the litigants In the cases
lean ask the Supreme court to re.
view the matter, but that court may
or may not let the cases come be-
fore 1t as 1t sees fit. It never>re-
fuses, however, If there is q Consti-
tutional question involved, or IL Sc
rious doubt is shown as to rights OF
citizens under the statutes of their
own states.
| From this it becomes evident that
the Supreme court transacts an
Eenormous amount of business.
Il has been said that the Supreme
court is never able to catch up with
its work. That Is true, in a sense,
for 1t always has cases on its docket
lawaiting decision. In another re-
.spect, the statement Is untrue. how
ever, for 1t always allows itself time
in which to study the questions be-
fore 1t and determine the far-reach-
ing consequences Of It's rulings, a
condition OF which every justice is
mindful at all times. Its reputed
slowness, therefore, may be said to
be in the. interest OF justice TO all.
|, But mentioned at the outset that
the chief justice had other work
Ito do without attempting to re-
cite his duties In detail. it may suf-
fee to show the character Of his du-
ties by calling attention to the fact
that 1t Is an obligation Of his to see
that the Circuit courts keep up with
their work. It Is quite obvious that
circuit judges sitting In areas like
the plains states, where the popula-
ton 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 d0ckets
Throughout the nation, and II. for
example. the judges get behind in
New York. one or more OF the judges
from elsewhere in the nation is or
ldered to New York to help out.
| There are two other courts which
should be mentioned in any discus
sion OF the Judiciary. They are the
Court of Claims OF the United States
and the United States Court or Gus
toms ana Patent Appeals Both are
In Washington; both have limited