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Full text of "The Judicial code; being the judiciary act of the Congress of the United States, approved March 3, A. D. 1911. With an introduction and annotations"

Cornell University Law Library 

THE GIFT OF 

Plodgson, Rass, Andrew,. 

Woods' &''Gobdyea^ 

aO.O....M...&...T....Bld.g.„E.uf.l'alQ.,....N.,X,.. 

Date ...Septenitoer 9j 1957 



Cornell University Library 
KF8714.53.H79 

The Judicial code; being the judiciary ac 



3 1924 020 607 259 




Cornell University 
Library 



The original of tiiis book is in 
tine Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924020607259 



THE JUDICIAL CODE 



BEING THE 

JUDICIAEY ACT OP THE CONGEESS OP THE UNITED 
STATES, APPEOVED MAECH 3, A. D. 1911. 



WITH AN INTRODUCTION 

AND 

ANNOTATIONS 



li*^. 1-^awvs si^^t^\^'^'' 



By JAMES LOA^E HOPKINS, 

OF THE BAR OF THE UNITED STATES SUPREME COURT. 
AUTHOR OF "HOPKINS ON UNFAIR TRADE" AND "HOPKINS ON TRADEMARKS." 



CHICAGO : 

CALLAGHAN AND COMPANY, 

1911. 



COFYBIGHT, 1911, 
BY 

CALLAaHAJSr AND COMPANY. 



THE JUDICIAL CODE. 



INTEODUCTION. 



Its Title. The Act of March 3, 1911, abolishiBg the Circuit 
Courts, enlarging the jurisdiction of the district courts, 
re-enacting the statutory provisions relating to the Supreme 
Court, Circuit Courts of Appeals, and Court of Claims, and 
embracing the enactments establishing the Commerce Court 
and the Court of Customs Appeals and defining their respec- 
tive jurisdiction, is, by the terms of its § 296, to be designated 
and cited as, "The Judicial Code." 

Under this modest title. Congress has produced what is 
probably the most important, as it is certainly the most com- 
pact, code of nisi prius and appellate jurisdiction and pro- 
cedure in all history, considering the wide range of its 
subject-matter, and the great number of courts affected by it. 
Whatever faults may be developed in it by the crucible of 
Time, it is a masterpiece of brevity and condensation. 

After a study of this Code, it will be instructive to compare 
its provisions with those of the first Judiciary Act, of 1789. 
It is remarkable to note how many of its provisions have 
endured throughout the life-time of our Commonwealth. We 
gain from the comparison a renewed admiration for the 
lawyers of the First Congress of the United States. 

The Constitutional Provision. The authority vested in Con- 
gress to establish or abolish courts of jurisdiction inferior 
to the Supreme Court, is embodied in Article III, § 1, of the 
Constitution in these words: "The judicial power of the 
United States shall be vested in one Supreme Court, and in 

1 



2 THE JUDICIAL CODE 

such inferior Courts as the Congress may from time to time 
ordain and establish." 

Of this provision Mr. Justice Story said : 

"The language of the article is manifestly designed to be 
mandatory upon the legislature. Its obligatory force is so im- 
perative that Congress could not, without a violation of its 
duty, have refused to carry it into operation. The judicial 
power of the United States shall be vested (not may be vested) 
in one supreme court, and in such inferior courts as Congress 
may, from time to time, ordain and establish. Could Congress 
have lawfully refused to create a supreme court, or to vest it 
in the constitutional jurisdiction? * * * j£^ then, it is the 
duty of Congress to vest the judicial power of the United 
States, it is a duty to vest the whole judicial power. The 
language, if imperative as to one part, is imperative as to all. 
If it were otherwise, this anomaly would exist, that Congress 
might successively refuse to vest the jurisdiction in any one 
class of cases enumerated in the constitution, and thereby 
defeat the jurisdiction as to all; for the constitution has not 
singled out any class on which Congress are bound to act in 
preference to others. 

"The next consideration is as to the courts in which the 
judicial power shall be vested. It is manifest that a supreme 
court must be established ; but whether it is equally obligatory 
to establish inferior courts is a question of some difficulty. If 
Congress may lawfully omit to establish inferior courts, it 
might follow that in some of the enumerated cases the judicial 
power could nowhere exist. The Supreme Court can have 
original jurisdiction in two classes of cases only, viz., in cases 
affecting ambassadors, other public ministers and consuls, 
and in cases in which a state is a party. Congress cannot vest 
any portion of the judicial power of the United States, except 
in courts ordained and established by itself ; and if, in any of 
the cases enumerated in the constitution, the state courts did 
not then possess jurisdiction, the appellate jurisdiction of the 
Supreme Court (admitting that it could act on state courts) 
could not reach those cases, and, consequently, the injunction 
of the constitution, that the judicial power 'shall be vested,' 



INTRODUCTION 3 

would be disobeyed. It would seem, therefore, to follow that 
Congress are bound to create some inferior courts, in which 
to vest all that jurisdiction which, under the constitution, is 
exclusively vested in the United States, and of which the 
Supreme Court cannot take original cognizance. They might 
establish one or more inferior courts; they might parcel out 
the jurisdiction among such courts, from time to time, at their 
own pleasure. But the whole judicial power of the United 
States should be, at all times, vested either in an original or 
appellate form, in some courts created under its authority." 
Martin v. Hunter's Lessee, 1 Wheat. 306, 328, 4 L. Ed. 
97, 103. 

The judicial system thus installed as an engine in the tri- 
partite machinery of our government, by the terms of its 
enabling constitutional provision, consists of two classes of 
courts; the Supreme Court, fixedly established as the great 
court of last resort, and that undefined class of inferior 
courts, not even given a name by the constitution, which may 
be created or abolished, and whose jurisdiction may be en- 
larged or diminished by Congress at will, in response to the 
changing needs of society. 

"The original jurisdiction of the supreme court of the 
United States is conferred by the constitution, and congress 
has the power to enlarge or restrict it. But the jurisdiction 
of inferior courts is derived from and is subject to the abso- 
lute control of congress, and may be changed or taken away 
at its pleasure. Existing courts may be abolished, and their 
jurisdiction, and all cases pending in them, whatever their 
condition, transferred to other existing courts, or to new 
courts. Eepeated instances might be cited where congress 
has exercised this power. The celebrated Act of April 29, 
1802, (2 Stat, at L. 156,) is one. It annulled the courts estab- 
lished by the act of February 13, 1801, (2 Stat, at L. 89,) and 
ordered the transfer of all cases pending in them to the pres- 
ent circuit courts, which it created. The constitutional 
validity of the ninth section, which directed the remission of 
the cases, was upheld by the supreme court in Stuart v. Laird, 
1 Cranch, 299; the court saying: 



4 THE JUDICIAL CODE 

* ' ' Congress have constitutional authority to establish, from 
time to time, such inferior tribunals as they may think proper, 
and transfer a cause from one such tribunal to another. In 
this last particular there are no words in the constitution to 
prohibit or restrain the exercise of legislative power,' 

"The act of March 3, 1863, (12 Stat, at L. 762,) is another 
illustration in point. It abolished the circuit, district, and 
criminal courts of the District of Columbia, and transferred 
all their cases to the supreme court of the district. The 
various acts transferring cases pending in the territorial 
courts to the district and circuit courts of the United States, 
on the admission of new states, are also instances. In all such 
legislation the new courts are merely substitutes for the old 
courts, and as regards their jurisdiction and capacity to dis- 
pose of cases remitted to them, are the same courts. Power 
to re-examine facts tried by a jury goes with the cases as a 
matter of course." 

Nelson, J., in United States v. Haynes, 29 Fed. Eep. 691, 
696. 

The Earlier Judiciary Acts. The judiciary act of 1789, in 
addition to the fixing of the membership of the Supreme Court, 
giving it a Chief Justice and five associate justices, created 
thirteen district courts which were grouped into three circuits ; 
the Eastern circuit (comprising the districts of New Hamp- 
shire, Massachusetts, Connecticut, and New York), the Middle 
Circuit (comprising the districts of New Jersey, Pennsyl- 
vania, Delaware, Maryland and Virginia), and the Southern, 
circuit (comprising the districts of South Carolina and 
Georgia) ; Maine and Kentucky were districts which were not 
included in either of the circuits. 

Act of September 24, 1789, § 4, 1 Stat, at L. ch. XX, p. 74. 

By the terms of the Judicial Code, §§ 289, 301, the Circuit 
Courts established by the Act of 1789 are to be abolished on 
January 1st, 1912. 

The Act of 1789 conferred Appellate jurisdiction over cer- 
tain classes of cases in the district court, upod the Circuit 
Court. This appellate jurisdiction was terminated by the 



INTRODUCTION 5 

Judiciary Act of 1891. The Act of 1789 provided that the 
supreme court should have, "appellate jurisdiction from the 
circuit courts and courts of the several states, in the cases 
hereinafter specially provided for. * * * And shall have 
power to issue writs of prohibition to the district courts, 
when proceeding as courts of admiralty and maritime juris- 
diction; and writs of mandamus, in cases warranted by the 
principles and usages of law, to any courts appointed, or per- 
sons holding office, .under the authority of the United States. 
* * * That all the before mentioned courts of the United 
States shall have power to issue writs of scire facias, habeas 
corpus, and all other writs not specially provided for by 
statute, which may be necessary for the exercise of their re- 
spective jurisdictions, and agreeable to the principles and 
usages of the law. * * * Final judgments and decrees in 
civil actions and suits in equity in a circuit court, brought there 
by original process, or removed there from courts of the 
several states, or removed there by appeal from a district 
court, where the matter in dispute exceeds the sum or 
value of $2,000, exclusive of costs, (may) be re-examined and 
reversed or affirmed in the Supreme Court, the citation being 
in such case signed by a judge of such circuit court, or justice 
of the Supreme Court, and the adverse party having at least 
thirty days ' notice. ' ' 

1 Stat, at L. 81, chap. 20, §§ 13, 14, 22. 
The day preceding the admission of the State of Ohio to the 
Union, the number of circuits was increased to six (Act of 
April 20, 1902, 2 Stat, at L., p. 157), but the Maine and Ken- 
tucky districts continued to remain outside of the circuits, nor 
was any provision made for embracing Ohio in either of them. 
A seventh circuit was formed of the States of Tennessee, Ohio 
and Kentucky in 1807 (Act of Feby. 24, 1807, 2 Stat, at L. p. 
420.) In 1837 a Seventh Circuit was formed of the States of 
Ohio, Indiana, Illinois and Michigan, an eighth circuit was 
formed of Tennessee, Kentucky and Missouri, and a ninth 
of Alabama, Mississippi, Louisiana and Arkansas (3 Stat, at 
L. p. 176.) The present boundaries of the nine circuits are 
given in § 116, The Judicial Code, post. 



6 THE JUDICIAL CODE 

By the Act of February 13, 1801, the number of justices of 
the Supreme Court was reduced, to take effect upon the first 
vacancy occurring, to five — the Chief Justice and four Asso- 
ciate Justices. The number was restored to the original six 
by the Act of March 8, 1802, increased to seven by the Act of 
February 24, 1807, to nine by the Act of March 3, 1837, to ten 
by the Act of March 3, 1863, and reduced to seven by the Act 
of July 23, 1866. The present number, comprising a Chief 
Justice and eight Associate Justices, was established by the 
Act of April 10, 1869. 

The Circuit Courts, as we have seen from the constitutional 
provision, were purely the creatures of congressional legis- 
lation; they were not designated by name or as to jurisdic- 
tion in the constitution, and hence the original creation of the 
circuit and district courts was purely fortuitous and arbitrary, 
and the continuance of the existence of the circuit courts for 
over one hundred and twenty years was due purely to the for- 
bearance of Congress in not earlier abolishing it. The reason 
for their naming in the first instance was largely sentimental, 
the title of the several Circuit Justices doubtless having much 
to do with the naming of the courts which they assisted when 
their graver duties upon the bench of the Supreme Court per- 
mitted. 

The limitations due to the manner of their creation by Con- 
gressional enactment, with the concomitant infirmities of a 
jurisdiction whose metes and bounds were fixed (and might be 
changed) at the will of Congress, have thus been illumined by 
the Supreme Court: 

"Circuit Courts do not derive their judicial power imme- 
diately from the Constitution, as appears with sufficient ex- 
plicitness from the Constitution itself. * * * Consequently, 
the jurisdiction of the Circuit Court in every case must depend 
upon some Act of Congress, as it is clear that Congress, inas- 
much as it possesses the power to ordain and establish able 
courts inferior to the Supreme Court, may also define their 
jurisdiction. Courts created by Statute can have no juris- 
diction in controversies between party and party but such as 
the statute confers." 



INTRODrCTION y 

Mr. Justice Clifford in Case of the Sewing Machine Com- 
panies, 85 U. S. (11 Wall.) 553, 21 L. Ed. 914. 

All of this applies with equal cogency to the District Courts, 
to which, by the enactment of The Judicial Code, Congress has 
transferred the jurisdiction, and the pending labors, of the 
Circuit Courts (§§ 289, 290). 

The Circuit Courts have had their jurisdiction defined by 
§629, E. S. U. S., as follows: 

''The circuit courts shall have original jurisdiction as fol- 
lows: 

"First. Of all suits of a civil nature at common law or in 
equity, where the matter in dispute, exclusive of costs, exceeds 
the sum or value of five hundred dollars, and an alien is a 
party, or the suit is between a citizen of the State where it is 
brought and a citizen of another State : Provided, That no cir- 
cuit court shall have cognizance of any suit to recover the con- 
tents of any promissory note or other chose in action in favor 
of an assignee, unless a suit might have been prosecuted in 
such court to recover the said contents if no assignment had 
been made, except in cases of foreign bills of exchange." 

"Second. Of all suits in equity, where the matter in dis- 
pute, exclusive of costs, exceeds the sum or value of five hun- 
dred dollars, and the United States are petitioners." 

These two paragraphs (first and second) have been super- 
seded by § 1 of the Act of March 3, 1875, ch. 137, 18 Stat, at L. 
470. 4 Fed. Stat. Ann. 265, which reads : 

"§ 1. That the Circuit CouTts of the United States shall 
have original cognizance, concurrent with the courts of the sev- 
eral States, of all suits of a civil nature, at common law or in 
equity, where the matter in dispute exceeds, exclusive of in- 
terest and costs, the sum or value of two thousand dollars, and 
arising under the Constitution or laws of the United States, or 
treaties made, or which shall be made, under their authority, 
or in which controversy the United States are plaintiffs or 
petitioners, or in which there shall be a controversy between 
the citizens of different States, in which the matter in dispute 
exceeds, exclusive of interest and costs, the sum or value afore- 
said, or a controversy between citizens of the same State claim- 



8 THE JUDICIAL CODE 

ing lands under grants of different States, or a controversy 
between citizens of a State and foreign states, citizens, or sub- 
jects, in which the matter in dispute exceeds, exclusive of 
interest and costs, the sum or value aforesaid, and shall have 
exclusive cognizance of all crimes and offenses cognizable 
under the authority of the United States, except as otherwise 
provided by law, and concurrent jurisdiction with the district 
courts of the crimes and offenses cognizable by them. But no 
person shall be arrested in one district for trial in another in 
any civil action before a circuit or district court ; and no civil 
suit shall be brought before either of said courts against any 
person by any original process or proceeding in any other dis- 
trict than that whereof he is an inhabitant, but where the juris- 
diction is founded only on the fact that the action is between 
citizens of diiferent States, suit shall be brought only in the 
district of the residence of either the plaintiff or the defend- 
ant ; nor shall any circuit or district court have cognizance of 
any suit, except upon foreign bills of exchange, to recover the 
contents of any promissory note or other chose in action in 
favor of any assignee, or of any subsequent holder if such in- 
strument be payable to bearer and be not made by any corpo- 
ration, unless such suit might have been prosecuted in such 
court to recover the said contents if no assignment or transfer 
had been made ; and the circuit courts shall also have appellate 
jurisdiction from the district courts under the regulations and 
restrictions prescribed by law. ' ' 

"Third. Of all suits at common law where the United 
States, or any officer thereof suing under the authority of any 
act of Congress, are plaintiffs. 

"Fourth. Of all suits at law or in equity, arising under any 
act providing for revenue from imports or tonnage, except 
civil causes of admiralty and maritime jurisdiction, and seiz- 
ures on land or on waters not within admiralty and maritime 
jurisdiction, and except suits for penalties and forfeitures ; of 
all causes arising under any law providing internal revenue, 
and of all causes arising under the postal laws. 

"Fifth. Of all suits and proceedings for the enforcement 



INTRODUCTION 9 

of any penalties provided by laws regulating the carriage of 
passengers in mercliant vessels. 

"Sixth. Of all proceedings for the condemnation of prop- 
erty as prize, in pursuance of section fifty-three hundred and 
eight, Title 'Insurrection.' 

"Seventh. Of all suits arising under any law relating to 
the slave-trade. 

"Eighth. Of all suits by the assignee of any debenture for 
drawback of duties, issued under any law for the collection of 
duties against the person to whom such debenture was origi- 
nally granted, or against any indorser, to recover the amount 
of such debenture. 

"Ninth. Of all suits at law or in equity arising under the 
patent or copyright laws of the United States. 

"Tenth. Of all suits by or against any banking association 
established in the district for which the court is held, under 
any law providing for national banking associations. 

' ' Eleventh. Of all suits brought by any banking association 
established in the district for which the court is held, under 
the provisions of Title 'The National Banks,' to enjoin the 
Comptroller of the Currency, or any receiver acting under his 
direction, as provided by said title. 

"Twelfth. Of all suits brought by any person to recover 
damages for any injury to his person or property on account 
of any act done by him, under any law of the United States 
for the protection or collection of any of the revenues thereof, 
or to enforce the right of citizens of the United States to vote 
in the several States. 

' ' Thirteenth. Of all suits to recover possession of any office, 
except that of elector of President or Vice-President, Eepre- 
sentative or Delegate in Congress, or member of a State legis- 
lature, authorized by law to be brought, wherein it appears 
that the sole question touching the title to such office arises 
out of the denial of the right to vote to any citizen offering to 
vote, on account of race, color, or previous condition of servi- 
tude : Provided, That such jurisdiction shall extend only so far 
as to determine the rights of the parties to such office by reason 
of the denial of the right guaranteed by the Constitution of 



iO THE JUDICIAL CODE 

the United States, and secured by any law to enforce the right 
of citizens of the United States to vote in all the States. 

"Fourteenth. Of all proceedings by the writ of quo war- 
ranto, prosecuted by any district attorney, for the removal 
from office of any person holding office, except as a member of 
Congress or of a State legislature, contrary to the provisions 
of the third section of the fourteenth article of amendment of 
the Constitution of the United States. 

"Fifteenth. Of all suits to recover pecuniary forfeitures 
under any act to enforce the right of citizens of the United 
States to vote in the several States. 

"Sixteenth. Of all suits authorized by law to be brought by 
any person to redress the deprivation, under color of any law, 
statute, ordinance, regulation, custom, or usage of any State, 
of any right, privilege, or immunity, secured by the Constitu- 
tion of the United States, or of any right secured by any law 
providing for equal rights of citizens of the United States, or 
of all persons within the jurisdiction of the United States. 

' ' Seventeenth. Of all suits authorized by law to be brought 
by any person on account of any injury to his person or prop- 
erty, or of the deprivation of any right or privilege of a citizen 
of the United States, by any act done in furtherance of any 
conspiracy mentioned in section nineteen hundred and eighty. 
Title 'Civil Eights.' 

' ' Eighteenth. Of all suits authorized by law to be brought 
against any person who, having knowledge that any of the 
wrongs mentioned in section nineteen hundred and eighty, are 
about to be done, and, having power to prevent or aid in pre- 
venting the same, neglects or refuses so to do, to recover dam- 
ages for any such wrongful act. 

Nineteenth. Of all suits and proceedings arising under sec- 
tion fifty- three hundred and forty-four. Title 'Crimes.' 

"Twentieth. Exclusive cognizance of all crimes and of- 
fenses cognizable under the authority of the United States, 
except where it is or may be otherwise provided by law, and 
concurrent jurisdiction with the district courts of crimes and 
offenses cognizable therein. ' ' (This paragraph was superseded 



INTRODUCTION H 

by and re-enacted in § 1 of the Act of March 3, 1875, as above 
set forth in connection with the first and second paragraphs 
of this section.) 

Former Jurisdiction of the District Courts. In the future, as 
in the past, a general understanding of the respective juris- 
dictions of the circuit and district courts as they continued 
to exist until January 1, 1912, will be indispensable to the 
student of the Federal decisions. Furthermore, without such 
an understanding of the historical jurisdiction of the district 
courts, a proper understanding of the reasons which led to the 
adoption of The Judicial Code, and of the radical and extensive 
change of procedure resulting from its enactment, can hardly 
be had. 

By § 563, E. S. TJ. S., the jurisdiction conferred on district 
courts is as follows: 

"First. Of all crimes and offenses cognizable under the 
authority of the United States, committed within their respect- 
ive districts, or upon the high seas, the punishment of which 
is not capital, except in the cases mentioned in section fifty- 
four hundred and twelve. Title 'Crimes.' " (§5412 relates 
to the deposit of fraudulent papers in the archives of the sur- 
veyor-general's office in California.) 

"Second. Of all cases arising under any act for the pun- 
ishment of piracy, when no circuit court is held in the district 
of such court. 

' ' Third. Of all suits for penalties and forfeitures incurred 
under any law of the United States. 

"Fourth. Of all suits at common law brought by the 
United States, or by any officer thereof, authorized by law to 
sue. 

"Fifth. Of all suits in equity to enforce the lien of the 
United States upon any real estate for any internal-revenue 
tax, or to subject to the payment of any such tax any real 
estate owned by the delinquent, or in which he has any right, 
title, or interest. 

"Sixth. Of all suits for the recovery of any forfeiture or 
damages under section thirty-four hundred and ninety, Title 
' Debts due by or to the United States ; ' and such suits may be 



13 THE JUDICIAL CODE 

tried and determined by any district court within whose juris- 
dictional limits the defendant may be found. 

"Seventh. Of all causes of action arising under the postal 
laws of the United States. 

"Eighth. Of all civil causes of admiralty and maritime 
jurisdiction; saving to suitors in all cases the right of a com- 
mon-law remedy, where the common law is competent to give 
it; and of all seizures on land and on waters not within ad- 
miralty and maritime jurisdiction. And such jurisdiction 
shall be exclusive, except in the particular cases where juris- 
diction of such causes and seizures is given to the circuit 
courts. And shall have original and exclusive cognizance of 
all prizes brought into the United States, except as provided 
in paragraph six of section six hundred and twenty-nine. 

' ' Ninth. Of all proceedings for the condemnation of prop- 
erty taken as prize, in pursuance of section fifty-three hundred 
and eight, Title 'Insurrection.' 

"Tenth. Of all suits by the assignee of any debenture 
for drawback of duties, issued under any law for the collec- 
tion of duties, against the person to whom such debenture was 
originally granted, or against any indorser thereof, to recover 
the amount of such debenture. 

"Eleventh. Of all suits authorized by law to be brought 
by any person for the recovery of damages on account of any 
injury to his person or property, or of the deprivation of any 
right or privilege of a citizen of the United States by any 
act done in furtherance of any conspiracy mentioned in sec- 
tion nineteen hundred and eighty-five. Title 'Civil Eights.' 

"Twelfth. Of all suits at law or in equity authorized by 
law to be brought by any person to redress the deprivation, 
under color of any law, ordinance, regulation, custom, or 
usage of any State, of any right, privilege, or immunity se- 
cured by the Constitution of the United States, or of any right 
secured by any law of the United States to persons within the 
jurisdiction thereof. 

"Thirteen. Of all suits to recover possession of any office, 
except that of elector of President or Vice-President, Eepre- 



INTRODUCTION 13 

sentative or Delegate in Congress, or member of a State legis- 
lature, authorized by law to be brought, wherein it appears 
that the sole question touching the title to such office arises 
out of the denial of the right to vote to any citizen offering to 
vote on account of race, color, or previous condition of servi- 
tude: Provided, That such jurisdiction shall extend only as 
far as to determine the rights of the parties to such office by 
reason of the denial of the right guaranteed by the Constitu- 
tion of the United States, and secured by any law, to enforce 
the right of citizens of the United States to vote in all the 
States. 

"Fourteenth. Of all proceedings by the writ of quo war- 
ranto, prosecuted by any district attorney, for the renioval of 
any person holding office, except as a member of Congress, 
or of a State legislature, contrary to the provisions of the 
third section of the fourteenth article of amendment of the 
Constitution of the United States. 

"Fifteenth. Of all suits by or against any association es- 
tablished under any law providing for national banking asso- 
\ciations within the district for which the court is held. 

"Sixteenth. Of all suits brought by any alien for a tort 
'only' in violation of the law of nations, or of a treaty of the 
United States. 

"Seventeenth. Of all suits against consuls or vice-consuls, 
except for offenses above the description aforesaid. 

"Eighteenth. The district courts are constituted courts of 
bankruptcy, and shall have in their respective districts origi- 
nal jurisdiction in all matters and proceedings in bankruptcy. 

The Court of Claims. The Court of Claims was established 
by the Act of February 24, 1855. It is a court of special 
jurisdiction, comprehending, generally, the adjustment of 
claims against the United States. Its present jurisdiction 
is final and unappealable, as to the plaintiff, in any case where 
the amount in controversy is less than three thousand dollars, 
while the United States may appeal from any adverse judg- 
ment. 24 Stat, at L. 505, § 15. The Judicial Code continues 
this court, and defines its jurisdiction and practice in Chap- 
ter 7. 



14 THE JUDICIAL CODE 

Circuit Courts of Appeals. These courts were created by 
the Act of March 3, 1891, with substantially the same juris- 
diction which is described in Chapter 6 of The Judicial Code. 
26 Stat, at L. ch. 517. 

In the earlier history of these courts, the Circuit Justices 
frequently availed themselves of the privilege of sitting in the 
Circuit Courts of Appeals. But with the increasing labors of 
the Supreme Court the sittings of the Circuit Justices in 
the Circuit Courts of Appeals grew less and less frequent, un- 
til now such a practice is unknown. 

The Reasons for the Enactment of the Judicial Code. With the 
discontinuance of the practice of the Circuit Justices in 
sitting in the Circuit Courts of Appeals of their several 
Circuits, the labors of the Circuit Judges were correspond- 
ingly increased. While during the decade that followed 
the establishment of the Circuit Courts of Appeals the 
Circuit Judges sat to a great extent in the Circuit Court, 
they gradually began to leave the business of that court to 
the District Judge. There were several reasons for this. The 
volume of business before the Circuit Courts of Appeals grew 
steadily, and in those circuits which are largest in territory 
and population, such as the Second, Seventh, Eighth, and 
Ninth, the terms of the Appellate Courts became longer, and 
their sittings were extended to such lengthy periods as to 
call for exhaustive labor by all the Circuit Judges, This was 
notably true of the Eighth Circuit. Its court of appeals, with 
terms at St. Louis, St. Paul, Cheyenne, and Denver, is practi- 
cally in continuous session the year round. Under such con- 
ditions the Circuit Judges were naturally reluctant to dis- 
qualify themselves from service in particular cases by sitting 
in the Circuit Courts. And the bar generally preferring that an 
Appellate Court should have a stable membership has not 
been disposed to criticise the growing tendency of the Circuit 
Judges to confine their labors to that court. The rule that 
where an Appellate Court fails to agree by an equal division, 
the judgment or decree of the court below is affirmed, has 
had no small influence in prompting the Circuit Judges to so 
guide their work as to provide a full bench for hearings in 



INTRODUCTION 15 

the Circuit Courts of Appeals. There might "well be con- 
sidered, also, the fact that no ambitious man (and elevation 
to the bench should not, even when accompanied by life tenure, 
extinguish ambition) who is offered the choice of serving on 
the bench of an inferior or a superior court, could reasonably 
be expected to select the former. 

Consequently the duty of holding Circuit Court has been 
gradually shifted upon the District Judge. So that of late 
years, for the most part, the difference in personnel between 
the circuit and the district court has existed in the clerical 
departments of those courts. The Commission appointed to 
revise the Civil Code of Federal Law, referring to an exhibit 
accompanying its report said: 

"It will be seen that during the fiscal year ending June 
30, 1901, the Circuit Courts were in session, in the aggregate 
11,994 days, and of that number circuit judges were in at- 
tendance only 2,335 days. For the rest, premising that both 
courts commonly sit at the same time and place, we have the 
incongruity of two courts exercising a jurisdiction concurrent 
as to some matters and exclusive as to others, with two 
dockets, two journals, and two clerks, with but a single judge." 

These are the prime reasons leading to the enactment of 
the Judicial Code, in addition to the effort to eliminate obsolete 
and other superfluous matter now existing in the statutes. 

The work of Congress appears to have been admirably ac- 
complished, considering the difficulty of framing an act of 
this character. The benefits to accrue from the act are largely 
problematical. It may be doubted whether economy in cleri- 
cal administration will result from the abolition of the office 
of Circuit Clerk. Beyond that, the net result of The Judicial 
Code in its abolition of the Circuit Courts seems to be a 
change in the entitlement of pleadings. 

The Interpretation of the Judicial Code. The labors of Con- 
gress leading to the enactment of the Judicial Code were 
materially simplified by the fact that their work was largely 
confined to re-enactment. That re-enactment, in turn, was 
of statutory law that, to a very great extent, had received 
the interpretation of the United States Supreme Court. 



16 THE JUDICIAL CODE 

In the range of subject matter embraced in the Judicial 
Code, there are few topics which are not clearly proper sub- 
jects of congressional legislation, under well-settled rules. 

So that in this connection we shall confine ourselves to a 
consideration of the general rules by which the interpretation 
and construction of re-enactments are governed. 

The general revision of the Federal Statutes elicited from 
Mr. Chief Justice Waite the general statement of doctrine 
which is equally applicable to the Judicial Code; "the re- 
enacted sections are to be given the same meaning they had 
in the original statute, unless a contrary intention is plainly 
manifested." United States v. Le Bris, 121 U. S. 278, 30 
L. Ed. 946. The same doctrine has been stated by Mr. Justice 
Brown. "Congress having in the Revised Statutes adopted 
the language used in the Act of 1837, must be con- 
sidered to have adopted also the construction given by this 
court to this sentence, and made it a part of the enactment." 
Sessions v. Eomadka, 145 U. S. 25, 36 L. Ed. 609. In addition 
to this principle, statutes are subject to the same rule as con- 
tracts, in that they are to be read in their entirety; and 
when there are a number of statutes relating to the same 
subject matter, their inter-relation requires that they are all 
to be considered as a whole, whenever that is necessary to 
the proper interpretation of either of the parts. Mr. Justice 
Clifford thus stated the rule: "In the exposition of statutes, 
the established rule is that the intention of the law-maker 
is to be deduced from a view of the whole statute, and every 
material part of the same; and where there are several 
statutes relating to the same subject, they are all to be taken 
together, and one part compared with another in the con- 
struction of any one of the material provisions, because, in 
the absence of contradictory or inconsistent provisions, they 
are supposed to have the same object and as pertaining to 
the same system. Resort may be had to every part of a 
statute, or, where there is more than one in pari materia, 
to the whole system, for the purpose of collecting the legis- 
lative intention, which is the important inquiry in all cases 
where provisions are ambiguous or inconsistent. Eules and 



INTRODUCTION 17 

maxims of interpretation are ordained as aids in discovering 
the true intent and meaning of any particular enactment; 
but the controlling rule of decision in applying the statute in 
any particular case is, that, whenever the intention of the 
Legislature can be discovered from the words employed, in 
view of thp subject-matter and the surrounding circumstances, 
it ought to prevail, unless it lead to absurd and irrational 
conclusions, which should never be imputed to the Legisla- 
ture, except when the language employed will admit of no 
other signification." Kohlsaat v. Murphy, 96 U. S. 153, 24 
L. Ed. 844. 



Jud. Code — 2 



THE JUDICIAL CODE. 

[Public— No. 475.] 
[S. 7031.] 

An Act To codify, revise, and amend the laws relating to 
the judiciary. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the laws relating to the judiciary be, and they hereby are, 
codified, revised, and amended, with title, chapters, head-notes, 
and sections, entitled, numbered, and to read as follows : 

TITLE. 

THE JUDICIARY. 

Chaptee One, 
distkiot couets — oeganization. 



Sec. See. 

1. District courts established; ap- 14. 

pointment and residence of 
judges. 

2. Salaries of district judges. 15. 

3. Clerks. 
4 Deputy clerks. 16. 

5. Criers and bailiffs. 17. 

6. Eecords; where kept. 

7. EfEect of altering terms. 18. 

8. Trials not discontinued by new 

term. 19. 

9. Court always open as courts of 

admiralty and equity. 20. 

10. Monthly adjournments for trial of 

criminal causes. 21. 

11. Special terms. 

12. Adjournment in case of nonattend- 22. 

ance of judge. 

13. Designation of another judge in 23. 

case of disability of judge. 

19 



Designation of another judge in 
case of an accumulation of busi- 
ness. 

When designation to be made by 
Chief Justice. 

New appointment and revocation. 

Designation of district judge in 
aid of another judge. 

When circuit judge may be desig- 
nated to hold district court. 

Duty of district and circuit judge 

in such cases. 
When district judge is interested 
or related to parties. 

When affidavit of personal bias or 
prejudice of judge is filed. 

Continuance in case of vacancy in 
office. 

District having more than one 
judge; division of business. 



20 THE JUDICIAL CODE [§§1,3 

Sec. 1. In each of the districts described in chapter five, 
there shall be a court called a district court, for which there 
shall be appointed one judge, to be called a district judge; 
except that in the northern district of California, the northern 
district of Illinois, the district of Maryland, the district of 
Minnesota, the district of Nebraska, the district of New 
Jersey, the eastern district of New York, the northern and 
southern districts of Ohio, the district of Oregon, the eastern, 
and western districts of Pennsylvania, and the western dis- 
trict of Washington, there shall be an additional district 
judge in each, and in the southern district of New York, three 
additional district judges : Provided, That whenever a vacancy 
shall occur in the office of the district judge for the district 
of Maryland, senior in commission, such vacancy shall not be 
filled, and thereafter there shall be but one district judge 
in said district: Provided further, That there shall be one 
judge for the eastern and western districts of South Carolina, 
one judge for the eastern and middle districts of Tennessee, 
and one judge for the northern and southern districts of 
Mississippi : Provided further. That the district judge for the 
middle district of Alabama shall continue as heretofore to be 
a district judge for the northern district thereof. Every dis- 
trict judge shall reside in the district or one of the districts 
for which he is appointed, and for offending against this 
provision shall be deemed guilty of a high misdemeanor. 

See § 551 E. S. U. S., 1 Comp. Stat. p. 446; 4 Fed. Stat. Ann. p. 216. 

Sec. 2. Each of the district judges shall receive a salary of 
six thousand dollars a year, to be paid in monthly installments. 

See § 554, E. S. U. S., 1 Comp. Stat., p. 449, 4 Fed. Stat. Ann. p. 317, 
Pierce, Code § 6985. 

Sec. 3. A clerk shall be appointed for each district court 
by the judge thereof, except in cases otherwise provided for by 
law. 

Ee-6nactment of § 555, E. S. U. S., Pierce Code, § 6986, 1 Comp. 
Stat. p. 451, 4 Fed. Stat. Ann. p. 74. The office of clerk is held at the 
discretion of the court and mandamus cannot be invoked to restore him 
to office when removed by an order of court. Ex parte Hennen, 13 
Peters, 230, 261, 10 L. Ed. 138, 154. 



'■J 4, 7] DISTRICT COURTS— ORGANIZATION 21 

Sec. 4. Except as otherwise specially provided by law, the 
clerk of the district court for each district may, with the ap- 
proval of the district judge thereof, appoint such number of 
deputy clerks as may be deemed necessary by such judge, who 
may be designated to reside and maintain offices at such places 
of holding court as the judge may determine. Such deputies 
may be removed at the pleasure of the clerk appointing them, 
with the concurrence of the district judge. In case of the 
death of the clerk, his deputy or deputies shall, unless re- 
moved, continue in office and perform the duties of the clerk, 
in his name, until a clerk is appointed and qualified; and for 
the default or misfeasances in office of any such deputy, 
whether in the lifetime of the clerk or after his death, the 
clerk and his estate and the sureties on his official bond shall- 
be liable; and his executor or administrator shall have such 
remedy for any such default or misfeasances committed after 
his death as the clerk would be entitled to if the same had 
occurred in his lifetime. 

See § 558, E. S. U. S., 1 Comp. Stat. p. 452, 4 Fed. Stat. Ann. p. 74, 
Pierce, Code §6989. 

Sec. 5. The district court for each district may appoint 
a crier for the court ; and the marshal may appoint such num- 
ber of persons, not exceeding five, as the judge may determine, 
to wait upon the grand and other juries, and for other neces- 
sary purposes. 

See § 715, E. S. U. S., 1 Comp. Stat. p. 579, 4 Fed. Stat. Ann. p. 81. 

Sec. 6. The records of a district court shall be kept at the 
place where the court is held. When it is held at more than 
one place in any district and the place of keeping the records 
is not specially provided by law, they shall be kept at either 
of the places of holding the court which may be designated by 
the district judge. 

Ee-enactment of § 562 E. S. U. S., Act Sept. 24, 1789, c. 20, § 3, 1 
Stat, at L. 73, 1 Comp. Stat. p. 454, 4 Fed. Stat. Ann. p. 218. 

Sec. 7. No action, suit, proceeding, or process in any dis- 
trict court shall abate or be rendered invalid by reason of 
any act changing the time of holding such court, but the same 



33 THE JUDICIAL CODE [§§8,9 

shall be deemed to be returnable to, pending, and triable in 
the terms established next after the return day thereof. 

Ee-enactment of § 573 E. S. U. S., 1 Comp. Stat. p. 475, 4 Fed. 
Stat. Ann. p. 671. The same provision, as to the circuit courts, repealed 
by the judicial code, was contained in § 660 E. S. TJ. S., 1 Comp. Stat, 
p. 542. See § 297, this Code. 

Under § 573 E. S. U. S., a session of the district court in a district 
where the act of congress provided for a regular term of court, held 
upon a day other than the one designated in the act, was ruled to be 
held without authority of law, and its proceedings inoperative and void, 
as against the forfeiture of a recognizance. McGlashan v. United States, 
71 Fed. Eep. 434, 18 C. C. A. 172.' 

Sec. 8. "When the trial or hearing of any cause, civil or 
criminal, in a district court has been commenced and is in 
progress before a jury or the court, it shall not be stayed or 
discontinued by the arrival of the time fixed by law for 
another session of said court; but the court may proceed 
therein and bring it to a conclusion in the same manner and 
with the same effect as if another stated term of the court had 
not intervened. 

See § 746 E. S. U. S., Act March 2, 1855, c. 140 § 1, 10 Stat, at 
L. 630, 1 Comp. Stat. p. 590, 4 Fed. Stat. Ann. 556. 

That the trial "has been commenced and is in progress" at the expira- 
tion of the term of court, although but three jurors have been selected, 
see United States v. Loughery, 13 Blatchf. 267, Fed. Case 15, 631. 

Sec. 9. The district courts, as courts of admiralty and as 
courts of equity, shall be deemed always open for the purpose 
of filing any pleading, of issuing and returning mesne and 
final process, and of making and directing all interlocutory 
motions, orders, rules, and other proceedings preparatory to 
the hearing, upon their merits, of all causes pending therein. 
Any district judge may, upon reasonable notice to the parties, 
make, direct, and award, at chambers or in the clerk's office, 
and in vacation as well as in term, all such process, commis- 
sions, orders, rules, and other proceedings, whenever the same 
are not grantable of course, according to the rules and practice 
of the court. 

Ee-enactment of § 574 E. S. U. S., Act August 23, 1842, c. 188, 
§ 5, 5 Stat, at L. 517, 1 Comp. Stat. p. 475, 4 Fed. Stat. Ann. 671. 



§§10,11] DISTRICT COURTS— ORGANIZATION 23 

As to the Circuit Courts, Equity Eule I provided as follows: 

The Circuit Courts, as courts of equity, shall be deemed always open 
for the purpose of filing bills, answers and other pleadings; for issuing 
and returning mesne and final process and commissions ; and for making 
and directing interlocutory motions, orders, rules, and other proceedings, 
preparatory to hearing of all cases upon their merits. 

With the transfer of the jurisdiction of the Circuit Court to the 
District Court, the equity rule will doubtless be properly amended. 

Under § 602, E. S. U. S., which is repealed by § 397 of this code, it 
has been held that "the existence of a term (of the district court) does 
not depend on the fact that any business is transacted thereat, nor does 
any general order of continuance of itself close the term." Mr. Justice 
Brewer, in McDowell v. United States, 159 U. S. 596, 600, 40 L. Ed. 
271, 273. 

Under Equity Eule 1 the practice in the circuit courts has been to treat 
all questions of confirmation of sale as relating to final process, * * * 
"and as within the jurisdiction of the chancellor to determine at any time, 
irrespective of whether a stated term of the circuit court be in session." 
Pardee, J., in Central Trust Co. v. Sheffield & Birmingham Coal, I. & E. 
Co., 60 Fed. Eep. 9, 15. 

Under § 574, E. S. U. S., it has been held that "the circuit and district 
court are * * * actually in session * * * -^pjien the court is 
opened by the judge for business, or business is actually transacted in 
court." Baker, J., in Butler v. United States, 87 Fed. Eep. 655, 659. 

Sec. 10. District courts shall hold monthly adjournmeiits 
of their regular terms, for the trial of criminal causes, when 
their business requires it to be done, in order to prevent un- 
due expenses and delays in such cases. 

Ee-enactment of § 578, E. S. U. S., Act August 23, 1842, c. 188, § 3, 
5 Stat, at L. 517, 1 Comp. Stat. p. 476, 4 Fed. Stat. Ann. p. 672. 

Sec. 11. A special term of any district court may be held 
at the same place where any regular term is held, or at such 
other place in the district as the nature of the business may 
require, and at such time and upon such notice as may be 
ordered by the district judge. Any business may be transacted 
at such special term which might be transacted at a regular 
term. 

Ee-enactment of § 581 E. S. U. S., 1 Comp. Stat. p. 477, 4 Fed. Stat 
Ann. p. 672. 



24 THE JUDICIAL CODE [§§12,13 

Sec. 12. If the judge of any district court is unable to 
'attend at the commencement of any regular, adjourned, or 
special term, or any time during such term, the court may be 
adjourned by the marshal, or clerk, by virtue of a written 
order directed to him by the judge, to the next regular term, 
or to any earlier day, as the order may direct. 

Ee-enactment of § 583 E. S. U. S. 1 Comp. Stat. p. 478, 4 Fed. Stat. 
Ann. p. 673. 

The word "term" as used in this section has been thus defined by Judge 
Carpenter. "In literal meaning, and the earliest use of the word, it signi- 
fies a definite period of time, during which the court remains in continuous 
session. There is, however, nothing here implied which will exclude a 
session consisting of a single day. The term is that session of the court 
which begins at a time fixed by or under authority of law, and, having 
proceeded continuously, ends when the business then under consideration 
is concluded." Pitnam v. United States, 45 Fed. Eep. 159, 160. Affirmed 
in United States v. Pitnam, 147 U. S. 669, 37 L. Ed. 324. 

Sec. 13. When any district judge is prevented, by any dis- 
ability, from holding any stated or appointed term of his dis- 
trict court, and that fact is made to appear by the certificate 
of the clerk, under the seal of the court, to any circuit judge 
of the circuit in which the district lies, or, in the absence of 
all the circuit judges, to the circuit justice of the circuit in 
which the district lies, any such circuit judge or justice may, 
if in his judgment the public interests so require, designate 
and appoint the judge of any other district in the same circuit 
to hold said court, and to discharge all the judicial duties of 
the judge so disabled, during such disability. Whenever it 
shall be certified by any such circuit judge or, in his absence, 
by the circuit justice of the circuit in which the district lies, 
that for any sufficient reason it is impracticable to designate 
and appoint a judge of another district within the circuit to 
perform the duties of such disabled judge, the chief justice 
may, if in his judgment the public interests so require, des- 
ignate and appoint the judge of any district in another circuit 
to hold said court and to discharge all the judicial duties 
of the judge so disabled, during such disability. Such ap- 
pointment shall be filed in the clerk's office, and entered on 
the minutes of the said district court, and a certified copy 



§§ 14, 15] DISTRICT COURTS— ORGANIZATION 35 

thereof, under tlie seal of the court, shall be transmitted by 
the clerk to the judge so designated and appointed. 

See § 591, E. S. U. S., 1 Comp. Stat. p. 480, 4 Fed. Stat. Ann. p. 675. 

The failure to file the appointment in the clerk's office does not affect 
the authority of the appointed judge. National Home for Soldiers t. 
Butler, 33 Fed. Eep. 374. 

It was held that lender this section the power of designation to hold 
court in case of disability did not extend to the case of a vacancy (9 Ops. 
Atty. Gen. 131) and that opinion was embodied in § 603, E. S. U. S., but 
where a judge Avas appointed to hold court in ease of disability, and, the 
disabled judge dying after the appointment, continued to hold court, it 
was held that the appointee was judge de facto, if not de jure, and his 
acts as such were held not to be open to collateral attack. Ball v. United 
States, 140 TJ. S. 118, 35 L. Ed. 377; Norton v. Shelby County, 118 U. S. 
425, 30 L. Ed. 178; Manning v. Weeks, 139 U. S. 504, 35 L. Ed. 624. 

Sec, 14. When, from the accumulation or urgency of busi- 
ness in any district court, the public interests require the des- 
ignation and appointment hereinafter provided, and, the fact 
is made to appear, by the certificate of the clerk, under the 
seal of the court, to any circuit judge of the circuit in which 
the district lies, or, in the absence of all the circuit judges, to 
the circuit justice of the circuit in which the district lies, such 
circuit judge or justice may designate and appoint the judge 
of any other district in the same circuit to have and exercise 
within the district first named the same powers that are 
vested in the judge thereof. Each of the said district judges 
may, in case of such appointment, hold separately at the same 
time a district court in such district, and discharge all the 
judicial duties of the district judge therein. 

See § 592 E. S. U. S., 1 Comp. Stat. p. 481, 4 Fed. Stat. Ann. p. 676. 

Sec. 15. If all the circuit judges and the circuit justice are 
absent from the circuit, or are unable to execute the provisions 
of either of the two preceding sections, or if the district judge 
so designated is disabled or neglects to hold the court and 
transact the business for which he is designated, the clerk 
of the district court shall certify the fact to the Chief Justice 
of the United States, who may thereupon designate and ap- 
point in the manner aforesaid the judge of any district within 



26 THE JUDICIAL CODE [§§16,20 

sucli circuit or within any other circuit ; and said appointment 
shall be transmitted to the clerk and be acted upon by him as 
directed in the preceding section. 

See § 593 E. S. U. S., 1 Comp. Stat. 481, 4 Fed. Stat. Ann. p. 676. 

Sec. 16. Any such circuit judge, or circuit justice, or the 
Chief Justice, as the case may be, may, from time to time, if 
in his judgment the public interests so require, make a new 
designation and appointment of any other district judge, in 
the manner, for the duties, and with the powers mentioned 
in the three preceding sections, and revoke any previous desig- 
nation and appointment. 

See § 594 E. S. U. S. 1 Comp. Stat. p. 481, 4 Fed. Stat. Ann. p. 676. 

Sec. 17. It shall be the duty of the senior circuit judge 
then present in the circuit, whenever in his judgment the pub- 
lic interest so requires, to designate and appoint, in the man- 
ner and with the powers provided in section fourteen, the dis- 
trict judge of any judicial district within his circuit to hold 
a district court in the place or in aid of any other district 
judge within the same circuit. 

See § 596 E. S. U. S., 1 Comp. Stat. p. 482, 4 Fed. Stat. Ann. 677. 

Sec. 18. "Whenever, in the judgment of the senior circuit 
judge of the circuit in which the district lies, or of the circuit 
justice assigned to such circuit, or of the Chief Justice, the 
public interest shall require, the said judge, or associate jus- 
tice, or Chief Justice, shall designate and appoint any circuit 
judge of the circuit to hold said district court. 

New section. 

Sec. 19. It shall be the duty of the district or circuit judge 
who is designated and appointed under either of the six pre- 
ceding sections, to discharge all the judicial duties for which 
he is so appointed, during the time for which he is so ap- 
pointed; and all the acts and proceedings in the courts held 
by him, or by or before him, in pursuance of said provisions, 
shall have the same effect and validity as if done by or before 
the district judge of the said district. 

See § 595 E. S. U. S., 1 Comp. Stat. p. 482, 4 Fed. Stat. Ann. p. 676. 

Sec. 20. "Whenever it appears that the judge of any dis- 



§21] DISTRICT COURTS— ORGANIZATION 37 

trict court is in any way concerned in interest in any suit 
pending therein, or has been of counsel or is a material wit- 
ness for either party, or is so related to or connected with 
either party as to render it improper, in his opinion, for him 
to sit on the trial, it shall be his duty, on application by either 
party, to cause the fact to be entered on the records of the 
court; and also an order that an authenticated copy thereof 
shall be forthwith certified to the senior circuit judge for said 
circuit then present in the circuit; and thereupon such pro- 
ceedings shall be had as are provided in section fourteen. 

See § 601 E. S. U. S. 1 Comp. Stat. p. 484, 4 Fed. Stat. Ann. p. 678. 
The fact that the judge was plaintifE in a pending suit in a State Court 
against a defendant corporation, and that one of the parties was his son- 
in-law did not disqualify him from making administrative orders in the 
cause; his decision to so act being within his discretion, and not the 
subject of error. Coltrane v. Templeton, 106 Fed. Eep. 370, 377, 45 
C. C. A. 328. If the facts are known to the party recusing, his objection 
will be taken as being waived if he fails to make it before issues are 
joined and the trial commenced. Ibid. The fact that the district judge 
is a tax payer of a county does not give him such relation to the county as 
to disqualify him from sitting in a suit involving the validity of the bonds 
of the county. Wade v. Travis County, 72 Fed. Eep. 985. Disqualifica- 
tion by relationship defined in a State statute renders it improper for a 
district judge to act, even by consent of the parties. In re Eatonton 
Blec. Co., 120 Fed. Eep. 1010. 

Sec. 21. Whenever a party to any action or proceeding, 
civil or criminal, shall make and file an afiidavit that the 
judge before whom the action or proceeding is to be tried or 
heard has a personal bias or prejudice either against him or 
in favor of any opposite party to the suit, such judge shall 
proceed no further therein, but another judge shall be desig- 
nated in the manner prescribed in the section last preceding, 
or chosen in the manner prescribed in section twenty-three, to 
hear such matter. Every such affidavit shall state the facts 
and the reasons for the belief that such bias or prejudice exists 
and shall be filed not less than ten days before the beginning of 
the term of the court, or good cause shall be shown for the 
failure to file it within such time. No party shall be entitled 
in any case to file more than one such affidavit; and no such 



38 THE JUDICIAL CODE [§ 22 

affidavit shall be filed unless accompanied by a certificate of 
counsel of record that such affidavit and application are made 
in good faith. The same proceedings shall be had when the 
presiding judge shall file with the clerk of the court a cer- 
tificate that he deems himself unable for any reason to preside 
with absolute impartiality in the pending suit or action. 
New section. 

Sec. 22. When the office of judge of any district court be- 
comes vacant, all process, pleadings, and proceedings pending 
before such court shall, if necessary, be continued by the clerk 
thereof until such times as a judge shall be appointed, or 
designated to hold such court; and the judge so designated, 
while holding such court, shall possess the powers conferred 
by, and be subject to the provisions contained in section 
nineteen. 

Similar to § 602 E. S. U. S., 1 Comp. Stat. p. 484; whose operation 
was automatic, providing that 

"§ 602. When the office of judge of any district court is vacant, all 
process, pleadings, and proceedings pending before such court shall be 
continued of course until the next stated term after the appointment and 
qualification of his successor; except when such first-mentioned term is 
held as provided in the next section." 4 Fed. Stat. Ann. p. 679. 

This statute was held to apply to both civil and criminal causes; to be 
a remedial statute and entitled to liberal construction "The general pur- 
pose of § 602 is plain. It is that the administration of Justice by a 
district court shall not, through a vacancy in the office of judge, be de- 
feated or unduly impeded; that causes, civil and criminal, shall, not- 
withstanding the vacancy, be preserved in their full force and vitality, 
to be effectively proceeded in where there is a judge authorized to dis- 
charge the functions of the court; that all acts and steps, calling for or 
serving as the basis of judicial action, which otherwise must or should 
earlier be done or taken in court in the progress of a case, shall or may 
be done or taken therein after the termination of the vacancy." Bradford, 
J., in United States v. Murphy, 82 Fed. Eep. 893, 899. "'Process 
pending before' must be held to include process * * * of -(^liicii the 
object has not been fully accomplished, — process which is still in fieri, — 
process, which if continued in force, will result either in securing the 
appearance of the accused to meet the demands of justice or in fastening 
upon the recognizors liability for his default. Imprisonment under a 



§ 23] DISTRICT COURTS— ORGANIZATION 39 

commitment by a commissioner to answer a criminal cliarge clearly is 
process within the meaning of the section. It is only a means of com- 
pelling appearance in court." Ibid. 

Sec. 23. In districts having more than one district judge, 
the judges may agree upon the division of business and as- 
signment of cases for trial in said district; but in case they 
do not so agree, the senior circuit judge of the circuit in which 
the district lies, shall make all necessary orders for the 
division of business and the assignment of cases for trial 
in said district. 



Chapteb Two. 



DISTRICT COUKTS — JUEISDICTION. 



24. Original jurisdiction. 

Par. 1. Where the United States 
are plaintiflfs; and of 
civil suits at common 
law or in equity. 

2. Of crimes and offenses. 

3. Of admiralty causes, seiz 

ures, and prizes. 

4. Of suits under any law re- 

lating to the slave trade. 

5. Of cases under internal 

revenue, customs, and 
tonnage laws. 
6„ Of suits under postal laws. 

7. Of suits under the patent, 

the copyright, and the 
trade-mark laws. 

8. Of suits for violation of in- 

terstate commerce laws. 

9. Of penalties and forfeit- 

ures. 

10. Of suits on debentures. 

11. Of suits for injuries on ac- 

count of acts done under 
laws of the United States. 

12. Of suits concerning civil 

rights. 

13. Of suits against persons 

having knowledge of 
conspiracy, etc. 

14. Of suits to redress the de- 

privation, under color of 
law, of civil rights. 



Sec. 

24. Original jurisdiction — Continued. 

Par. 15. Of suits to recover cer 
tain offices. 

16. Of suits against national- 

banking associations. 

17. Of suits by aliens for 

torts. 

18. Of suits against consuls 

and vice-consuls. 

19. Of suits and proceedings 

in bankruptcy. 

20. Of suits against the 

United States. 

21. Of suits for the unlawful 

inclosure of public lands. 

22. Of suits under immigra- 

tion and contract - labor 
laws. 
23. Of suits against trusts, 
monopolies, and unlaw- 
ful combinations. 

24. Of suits concerning allot- 

ments of land to In- 
dians. 

25. Of partition suits where 

United States is joint 
tenant. 

25. Appellate jurisdiction under Chi- 

nese-exclusion laws. 

26. Appellate jurisdiction over Yel- 

lowstone National Park. 

27. Jurisdiction of crimes on Indian 

reservations in South Dakota. 



Sec. 24. The district courts shall have original jurisdiction 

as follows: 

First. Of all suits of a civil nature, at common law or m 
equity, brought by the United States, or by any officer thereof 

§ 24] 31 



32 THE JUDICIAL, CODE [§ 24 

authorized by law to sue, or between citizens of tbe same 
State claiming lands under grants from different States; or, 
where the matter in controversy exceeds, exclusive of interest 
and costs, the sum or value of three thousand dollars, and (a) 
arises under the Constitution or laws of the United States, or 
treaties made, or which shall be made, under their authority, 
or (b) is between citizens of different States, or (c) is between 
citizens of a State and foreign States, citizens, or subjects. 
No district court shall have cognizance of any suit (except 
upon foreign bills of exchange) to recover upon any promis- 
sory note or other chose in action in favor of any assignee, or 
of any subsequent holder if such instrument be payable to 
bearer and be not made by any corporation, unless such suit 
might have been prosecuted in such court to recover upon 
said note or other chose in action if no assignment had been 
made : Provided, however, That the foregoing provision as to 
the sum or value of the matter in controversy shall not be 
construed to apply to any of the cases mentioned in the suc- 
ceeding paragraphs of this section. 

Second. Of all crimes and offenses cognizable under the 
authority of the United States. 

Third. Of all civil causes of admiralty and maritime juris- 
diction, saving to suitors in all cases the right of a common- 
law remedy where the common law is competent to give it; of 
all seizures on land or waters not within admiralty and mari- 
time jurisdiction; of all prizes brought into the United States; 
and of all proceedings for the condemnation of property taken 
as prize. 

Fourth. Of all suits arising under any law relating to the 
slave trade. 

Fifth. Of all cases arising under any law providing for 
internal revenue, or from revenue from imports or tonnage, 
except those cases arising under any law providing revenue 
from imports, jurisdiction of which has been conferred upon 
the Court of Customs Appeals. 

Sixth. Of all cases arising under the postal laws. 

Seventh. Of all suits at law or in equity arising under the 
patent, the copyright, and the trade-mark laws. 



§24] DISTRICT COURTS— JURISDICTION 33 

Eighth. Of all suits and proceedings arising under any 
law regulating commerce, except those suits and proceedings 
exclusive jurisdiction of which has been conferred upon the 
Commerce Court. 

Ninth. Of all suits and proceedings for the enforcement of 
penalties and forefeitures incurred under any law of the 
United States. 

Tenth. Of all suits by the assignee of any debenture for 
drawback of duties, issued under any law for the collection 
of duties, against the person to whom such debenture was 
originally granted, or against any indorser thereof, to recover 
the amount of such debenture. 

Eleventh. Of all suits brought by any person to recover 
damages for any injury to his person or property on accoimt 
of any act done by him, under any law of the United States, 
for the protection or collection of any of the revenues thereof, 
or to enforce the right of citizens of the United States to vote 
in the several States. 

Twelfth. Of all suits authorized by law to be brought by 
any person for the recovery of damages on account of any 
injury to his person or property, or of the deprivation of any 
right or privilege of a citizen of the United States, by any act 
done in furtherance of any conspiracy mentioned in section 
nineteen hundred and eighty, Eevised Statutes. 

Thirteenth. Of all suits authorized by law to be brought 
against any person who, having knowledge that any of the 
wrongs mentioned in section nineteen hundred and eighty, 
Eevised Statutes, are about to be done, and, having power to 
prevent or aid in preventing the same, neglects or refuses so 
to do, to recover damages for any such wrongful act. 

Fourteenth. Of all suits at law or in equity authorized by 
law to be brought by any person to redress the deprivation, 
under color of any law, statute, ordinance, regulation, custom; 
or usage of any State, of any right, privilege, or immunity, 
secured by the Constitution of the United States, or of any 
right secured by any law of the United States providing for 
equal rights of citizens of the United States, or of all persons 
within the jurisdiction of the United States. 

Jud. Code — 3 



34 THE JUDICIAL CODE L§ 24 

Fifteenth. Of all suits to recover possession of any office, 
except that of elector of President or Vice President, Kepre- 
sentative in or Delegate to Congress, or member of a State 
legislature, authorized by law to be brought, wherein it ap- 
pears that the sole question touching the title to such office 
arises out of the denial of the right to vote to any citizen offer- 
ing to vote, on account of race, color, or previous condition of 
servitude : Provided, That such jurisdiction shall extend only 
so far as to determine the rights of the parties to such office 
by reason of the denial of the right guaranteed by the Consti- 
tution of the United States, and secured by any law, to enforce 
the right of citizens of the United States to vote in all the 
States. 

Sixteenth. Of all cases commenced by the United States, 
or by direction of any officer thereof, against any national 
banking association, and cases for winding up the affairs 
of any such bank; and of all suits brought by any banking 
association established in the district for which the court is 
held, under the provisions of title "National Banks," Eevised 
Statutes, to enjoin the Comptroller of the Currency, or any 
receiver acting under his direction, as provided by said title. 
And all national banking associations established under the 
laws of the United States shall, for the purposes of all other 
actions by or against them, real, personal, or mixed, and all 
suits in equity, be deemed citizens of the States in which 
they are respectively located. 

Seventeenth. Of all suits brought by any alien for a tort 
only, in violation of the laws of nations or of a treaty of the 
United States. 

Eighteenth. Of all suits against consuls and vice consuls. 

Nineteenth. Of all matters and proceedings in bankruptcy. 

Twentieth. Concurrent with the Court of Claims, of all 
claims not exceeding ten thousand dollars founded upon the 
Constitution of the United States or any law of Congress, or 
upon any regulation of an Executive Department, or upon 
any contract, express or implied, with the Government of the 
United States, or for damages, liquidated or unliquidated, in 
cases not sounding in tort, . in respect to which claims the 



§24] DISTRICT COURTS— JURISBICTION 35 

party would be entitled to redress against the United States, 
either in a court of law, equity, or admiralty, if the United 
States were suable, and of all set-offs, counterclaims, claims 
for damages, whether liquidated or unliquidated, or other de- 
mands whatsoever on the part of the Government of the 
United States against any claimant against the Government 
in said court : Provided, however, That nothing in this para- 
graph shall be construed as giving to either the district courts 
or the Court of Claims jurisdiction to hear and determine 
claims growing out of the late Civil War, and commonly 
known as "war claims," or to hear and determine other 
claims which had been rejected or reported on adversely prior 
to the third day of March, eighteen hundred and eighty-seven, 
by any court, department, or commission authorized to hear 
and determine the same, or to hear and determine claims for 
pensions; or as giving to the district courts jurisdiction of 
cases brought to recover fees, salary, or compensation for 
official services of officers of the United States or brought 
for such purpose by persons claiming as such officers or as 
assignees or legal representatives thereof; but no suit pend- 
ing on the twenty-seventh day of June, eighteen hundred and 
ninety-eight, shall abate or be affected by this provision : And 
provided further, That no suit against the Government of the 
United States shall be allowed under this paragraph unless 
the same shall have been brought within six years after the 
right accrued for which the claim is made : Provided, That the 
claims of married women, first accrued during marriage, of 
persons under the age of twenty-one years, first accrued during 
minority, and of idiots, lunatics, insane persons, and persons 
beyond the seas at the time the claim accrued, entitled to the 
claim, shall not be barred if the suit be brought within three 
years after the disability has ceased; but no other disability 
than those enumerated shall prevent any claim from being 
barred, nor shall any of the said disabilities operate cumu- 
latively. All suits brought and tried under the provisions of 
this paragraph shall be tried by the court without a jury. 

Twenty-first. Of proceedings in equity, by writ of injunc- 
tion, to restrain violations of the provisions of laws of the 



36 THE JUDICIAL CODE [§ 24 

United States to prevent the unlawful inclosure of public 
lands; and it shall be sufficient to give the court jurisdiction 
if service of original process be had in any civil proceeding on 
any agent or employee having charge or control of the 
inclosure. 

Twenty-second. Of all suits and proceedings arising under 
any law regulating the immigration of aliens, or under the 
contract labor laws. 

Twenty-third. Of all suits and proceedings arising under 
any law to protect trade and commerce against restraints and 
monopolies. 

Twenty-fourth. Of all actions, suits, or proceedings involv- 
ing the right of any person, in whole or in part of Indian 
blood or descent, to any allotment of land under any law or 
treaty. 

'f Twenty-fifth. Of suits in equity brought by any tenant in 
common or joint tenant for the partition of lands in cases 
where the United States is one of such tenants in common or 
joint tenants, such suits to be brought in the district in which 
such land is situate. 

Of the Jurisdiction Coitferred by this Section. In view of the 
scope of Jurisdiction conferred upon the District Courts by the twenty- 
five paragraphs of this section, a brief reference to the constitutional 
provision upon which that jurisdiction must be based is appropriate. 

"The judicial power shall extend to all cases, in law and equity, arising 
under this Constitution, the laws of the United States, and treaties made, 
or which shall be made, under their authority; — to all cases affecting 
ambassadors, other public ministers and consuls; — to all cases of 
admiralty and maritime Jurisdiction; — to controversies to which the 
United States shall be a party; — to controversies between two or more 
states; — ^between a state and citizens of another state; — ^between citizens 
of different states, — between citizens of the same state claiming lands 
under grants of different states, and between a state, or the citizens 
thereof, and foreign states, citizens or subjects." (Article III, § 2.) 

This section fixes the limits of the Jurisdiction which may be conferred 
upon the Federal Courts by Congressional legislation. 

Jurisdiction Defined. "Jurisdiction is the power to hear and de- 
termine the subject-matter in controversy between parties to a suit, to 



'24J DISTRICT COURTS— JURISDICTION 



37 



adjudicate or exercise any judicial power over them." Clark, J., in 
ISTashville, C. c§ St. L. By. v. Taylor, 86 Fed. Eep. 168, 171. 

Two Classes of Federal Jurisdiction. From the beginning of the 
exercise of jurisdiction by the Federal Courts under the Constitution the 
distinction between the two classes of civil proceedings cognizable by those 
courts has been clearly drawn. In the first class, jurisdiction is dependent 
upon the character of the parties ; in the second class, upon the subject- 
matter or character of the suit. With reference to this division the 
Supreme Court has said: 

"In one description of cases the jurisdiction of the court is founded 
entirely on the character of the parties, and the nature of the controversy 
is not contemplated by the constitution. The character of the parties is 
everything, the nature of the cases nothing. In the other description of 
cases the jurisdiction is founded entirely on the character of the case, 
and the parties are not contemplated by the constitution. In these the 
nature of the case is everything, the character of the parties nothing." 
Mr. Chief Justice Marshall, in Cohens v. Virginia, 6 Wheat. 264, 393, 
5 L. Ed. 257, 393. 

"Cases" and "Controversies" Defined. Article III, § 3, employs 
the word cases three times, and the word controversies twice. They have 
been jointly defined as embracing "the claims or contentions of litigants 
brought before the courts for adjudication by regular proceedings estab- 
lished for the protection or enforcement of rights, or the prevention, 
redress, or punishment of wrongs." Smith v. Adams, 130 U. S. 167, 
173, 32 L. Ed. 895, 897; LaAbra Silver Mining Co. v. United States, 175 
TJ. S. 423, 456, 44 L. Ed. 223, 235. 

Judge Deady, however, has endeavored to distinguish between the 
words "cases" and "controversies," as follows: 

"The change in the language of this section from the use of the term 
'cases' to 'controversies' is apparently deliberate and premeditated; and, 
in the case of an instrument so carefully prepared and considered as the 
constitution of the United States, cannot be regarded as fortuitous, or 
without special significance. In my judgment, it was intended by the 
use of the terms 'cases' and 'controversies' to distinguish between an 
ordinary action or suit, which may include many parties plaintiff or 
defendant, and involve the examination and consideration of more than 
one item of disputed controversy, and so much or such part of such pro- 
ceeding as may only constitute a controversy between two or more of said 
parties, who are citizens of different states. There may be a controversy 
in a case which is less than the whole of it." Fisk v. Henarie, 32 Fed. 
Eep. 417, 423. 



38 THE JUDICIAL CODE [§ 24 

Mr. Justice Field, on circuit, said "the term 'controversies', if dis- 
tinguishable at all from 'cases', is so in that it is less comprehensive than 
the latter, and includes only suits of a civil nature." In re Pacific Ey. 
Commission, 32 Fed. Eep. 241, 255. It is possibly with this suggested 
distinction in view, that Mr. Chief Justice Fuller said ; 

"The use of the word 'controversies' as in contradistinction to the word 
'cases', and the omission of the word 'all' in respect of controversies, left 
it to Congress to define the controversies over which the courts it was 
empowered to ordain and establish might exercise jurisdiction, and the 
manner in which it was to be done." Stevenson v. Fain, 195 U. S. 165, 
167, 49 L. Ed. 142. 

Jurisdiction of * * * suits of a civil nature, at common 
law or in equity, brought by tbe United States, or by any officer 
thereof authorized by law to sue. 

The United States Supreme Court, referring to Hans v. Louisiana, 134 
U. S. 1, 13, 15, 33 L. Ed. 847, has said, "That case, and others in this 
court relating to the suability of states, proceeded upon the broad ground 
that 'it is inherent in the nature of sovereignty not to be amenable to the 
suit of an individual without its consent,' 

"The question as to the suability of one government by another govern- 
ment rests upon wholly different grounds. Texas is not called to the bar 
of this court at the suit of an individual, but at the suit of the govern- 
ment established for the common and equal benefit of the people of all 
the states. The submission to judicial solution of controversies arising 
between these two governments, 'each sovereign, with respect to the objects 
committed to it, and neither sovereign with respect to the objects com- 
mitted to the other.' (M'CuUoeh v. Maryland, 17 U. S. (4 Wheat.) 316, 
4 L. Ed. 579, 600, 602), but both subject to the supreme law of the land, 
does no violence to the inherent nature of sovereignty. The states of the 
Union have agreed, in the Constitution, that the judicial power of the 
United States shall extend to all eases arising under the Constitution, 
laws and treaties of the United States, without regard to the character of 
the parties (excluding, of course, suits against a State by its own citizens 
or by citizens of other states, or by citizens or subjects of foreign states), 
and equally to controversies to which the United States shall be a party, 
without regard to the subject of such controversies, and that this court 
may exercise original jurisdiction in all such cases, 'in which a State shall 
be party,' without excluding those in which the United States may be 
the opposite party. The exercise, therefore, by this court, of such original 
jurisdiction in a suit brought by one State against another to determine 



§24] DISTRICT COURTS— JURISDICTION 39 

tlie boundary line between them, or in a suit brought by the United States 
against a State to determine the boundary bet^Yeen a Territory of the 
United States and that State, so far from infringing, in either ease, upon 
the sovereignty, is with the consent of the State sued. Such consent was 
given by Texas when admitted into the Union upon an equal foofeng m 
all respects with the other states. 

"We are of opinion that this court has jurisdiction to determine the 
disputed question of boundary between the United States and Texas." 
Mr. Justice Harlan, in United States v. Texas, 143 U. S. 621, 36 L. 
Ed. 285, 293. 

"Suits" defined. 

"The term suit is certainly a very comprehensive one, and is under- 
stood to apply to any proceeding in a court of justice by which an in- 
dividual pursues that remedy which the law affords. The modes of pro- 
ceeding may be various; but, if a right is litigated in a court of justice 
the proceeding by which the decision of the court is sought is a suit." 
Mr. Chief Justice Marshall, in Weston v. Charleston, 2 Peters 449, 464, 
7 L. Ed. 481, 486. 

"Of a civil nature." 

The distinction drawn by these words relates to the division between 
civil actions on the one hand and penal actions on the other. The classi- 
fication of the action depends upon its real nature, and not upon its form ; 
and the fact that the statute of a State declares a suit to enforce a penal 
statute of that state to be a civil action is immaterial. Indiana v. Alle- 
ghany Oil Co. 85 Fed. Eep. 870, 873. "The only cases in which the courts 
of the United States have entertained jurisdiction over suits by a foreign 
state have been suits to enforce demands of a strictly civil nature." Ibid, 
and State v. Chicago B. & Q. E. Co., 37 Fed. Eep. 497; Ferguson v. Boss, 
38 Fed. Eep. 161; United States v. Mexican Katl. Co., 40 Fed. Eep. 769; 
State V. Day Land & Cattle Co., 41 Fed Eep. 228 ; Dey v. Chicago, M. & 
St. P. E. Co., 45 Fed. Eep. 82 ; Georgia v. Brailsford, 2 Ball. 402, 1 L. 
Ed. 433 ; Wisconsin v. Pelican Ins. Co., 127 U. S. 265, 32 L. Ed. 239. A 
suit may be "of a civil nature" although a criminal proceeding in form. 
Illinois V. Illinois Central E. Co., 33 Fed. Eep. 721. 

"At common law or in equity." 

"This expression has been held to mean * * * all suits in which 
legal rights were to be ascertained and determined, in contradistinction 
to those where equitable rights alone were recognized and equitable 
remedies administered, and to admiralty proceedings, and not merely suits 



40 THE JUDICIAL. CODE [§24 

which the common law recognized among its old and settled proceedings. 
* * * An action at common law may be founded upon a statute." 
Wheeler, J., in Keith v. Town of Eockingham, 2 Fed. Eep. 834. To the 
same effect see Brisenden v. Chamberlain, 53 Fed. Eep. 307, 309. Pro- 
ceedings to establish a will do not come within the meaning of this clause. 
Wahl V. Franz, 100 Fed. Eep. 680, 40 C. C. A. 638. Proceedings in 
eminent domain are civil suits at common law for the purposes of this 
section. Kohl v. United States, 91 U. S. 367, 23 L. Ed. 449. Mandamus 
proceedings do not come within the scope of this section. Indiana v. 
Lake Brie & "W". E. Co., 85 Fed. Eep. 1. Such proceedings are outside 
Federal jurisdiction even when presented in the form of a Bill in Equity. 
Smith V. Bourbon County, 127 U. S. 105, 32 L. Ed. 73. Garnishment 
proceedings do not fall within this clause. Central Trust Co. v. Bast 
Tennessee, V. & G. E. Co., 59 Fed. Eep. 523. 

"Claiming land under grants from different states." 
The scope of jurisdiction under this clause has been held to extend to 

all cases founded upon conflicting grants of different states. Colson v. 

Lewis, 2 Wheat. 377, 4 L. Ed. 266. 

"Where the matter in controversy exceeds, exclusive of 
interest and costs, the sum or value of three thousand dollars." 

See Act of March 3, 1875, ch. 137, § 1, 18 Stat, at L. 470 ; as amended, 
25 Stat, at L. 434; 4 Fed. Stat. Ann. 265. The limitation as to the 
amount in controversy applies only to those cases where the essential 
nature of the subject matter of the litigation (such as patents or copy- 
rights) does not of itself confer federal jurisdiction. "It is clear that a 
circuit (now district) court cannot under that statute take original 
cognizance of a case arising under the Constitution or laws of the United 
States, or treaties made, or which shall be made, under their authority, 
or of a controversy between citizens of different states, or of a controversy 
between citizens of a state and foreign states, citizens, or subjects, unless 
the sum in dispute, exclusive of interest and costs, exceeds $2,000 (now 
$3,000), because in immediate connection with the enumeration of each 
of such cases will be found expressed a limitation of that character in 
respect of the sum or value necessary to give jurisdiction. But that 
cannot be said of the reference in the statute to a controversy in which 
the United States are plaintiffs, or petitioners, or to one between citizens 
of the same state claiming lands under grants of different states. The 
clause referring to cases or controversies of the two kinds last mentioned 
was placed between clauses that specifically refer to the value of the 
matter in dispute; so that it may be reasonably inferred that Congress 



§ 24] DISTRICT COURTS— JURISDICTION 41 

intended that a Circuit Court should take cognizance of a controversy in 
which the United States are plaintiffs or petitioners or of a controversy 
between citizens of the same state claiming lands under grants of different 
states without regard to the amount involved." United States v. Sey- 
ward, 160 U. S. 493, 497, 40 L. Ed. 508, 509. In suits for trademark 
infringement the amount in controversy is the value of the trademark. 
Symonds v. Greene, 28 Fed. Eep. 834; Hennessy v. Herrmann, 89 Fed. 
Eep. 669; Hopkins on Trademarks (2d Ed.) 460. "Matter in con- 
troversy", is the exact equivalent for the expression "Amount in Con- 
troversy" (Blackburn v. Portland Gold Mining Co., 175 U. S. 571, 44 
L. Ed. 276) or the term "Matter in dispute", as the latter is used by 
Mr. Justice Field in the opinion of the Supreme Court from which the 
following excerpt is taken; "By matter in dispute is meant the subject 
of litigation, the matter upon which the action is brought and issue 
is joined, and in relation to which, if the issue be one of fact, testimony 
is taken. It is conceded that the pecuniary value of the matter in dispute 
may be determined, not only by the money judgment prayed, where such 
is the case, but in some cases by the increased or diminished value of 
the property directly affected by the relief prayed, or by the pecuniary 
result to one of the parties immediately from the judgment. Thus a suit 
to quiet the title to parcels of real property, or to remove a cloud there- 
from, by which their use and enjoyment by the owner are impaired, is 
brought within the cognizance of the court, under the statute, only by 
the value of the property affected." Smith v. Adams, 130 U. S. 167, 32 
L. Ed. 895, 898. "In determining from the face of a pleading whether 
the amount really in dispute is sufficient to confer jurisdiction upon a 
court of the United States, it is settled that if from the nature of the 
case as stated in the pleadings there could not legally be a judgment for 
an amount necessary to the jurisdiction, jurisdiction cannot attach even 
though the damages be laid in the declaration at a larger sum." Vance 
V. W. A. Vandercook Co., 170 U. S. 468, 472, 42 L. Ed. 1111, 1113. 
Where the jurisdiction is dependent upon the diverse citizensjiip of the 
parties, the limitation as to the amount in controversy is rigorously in- 
sisted upon, and must exceed the amount fixed by the statute, exclusive 
of accrued interest. Moore v. Town of Edgefield, 32 Fed. Eep. 498. 
The amount may be built up of distinct demands of less amounts, and 
those demands may have been acquired by assignment, without defeat- 
ing the jurisdiction of the Federal Court. "When the plaintiffs had ac- 
quired, in good faith, from citizens of states other than the state of 
which the defendants were citizens, claims amounting in the aggregate 
to $2,000 (now $3,000), they had a right to sue the defendants on all 



43 THE JUDICIAL CODE [§ 24 

of such claims in one action in the circuit court, although no one of the 
claims amounted to $2,000. The requisite amount and citizenship 
necessary to confer the jurisdiction are united in the plaintiffs; and the 
jurisdiction is not affected by the fact that the several assignors of the 
claims could not have maintained separate suits, because the claim of 
each was less than $2,000 in amount." Bowden v. Burnham, 59 Fed. 
Eep. 752, 755, 8 C. C. A. 248. Jurisdiction cannot be secured by uniting 
in a single suit separable claims against the various defendants, or unit- 
ing the several interests of two or more plaintiffs. The Supreme Court 
has said, "It is well settled in this court that when two or more plaintiffs, 
having several interests, unite for the convenience of litigation in a single 
suit, it can only be sustained in the court of original jurisdiction, or on 
appeal in this court, as to those whose claims exceed the jurisdictional 
amount; and that when two or more defendants are sued by the same 
plaintiff in one suit the test of jurisdiction is the joint or several char- 
acter of the liability to the plaintiff." "Walter v. ^Northeastern E. Co. 
147 U. S. 370, 373, 37 L. Ed. 206, 208. On appeal, if the appeal is 
taken by the plaintiff the amount in controversy is the amount of his 
claim ; if the appeal is taken by the defendant the amount in controversy 
is taken to be the amount of the judgment against him. Sampson v. 
Welsh, 24 How. 207, 16 L. Ed. 632; Sheldon v. Clifton, 23 How. 481, 
16 L. Ed. 429 ; United States v. Watkinds, 6 Fed. Eep. 152, 156 ; Walker 
V. United States, 4 Wall. 163, 18 L. Ed. 319. AVhere the suit is brought 
for an amount exceeding that required to give jurisdiction, the jurisdic- 
tion nevertheless will be defeated if the plaintiff's evidence shows that 
the amount in controversy is actually below the required minimum. 
Cabot V. McMaster, 65 Fed. Eep. 533, 13 C. C. A. 39 ; United States Ex- 
press Co. V. Poe, 61 Fed. Eep. 475. The demand of a money judgment 
in excess of the jurisdictional amount is sufficient as an allegation of 
the value of the matter in dispute, "unless, from the facts stated in the 
complaint, it appears that even if (the plaintiff) should prevail as a 
matter of law, he could not recover the jurisdictional amount." Holden 
V. Utah & M. Mach. Co., 82 Fed. Eep. 209. Where the record failed 
to disclose the value of the matter in dispute, the Supreme Court, where 
its jurisdiction depended upon such value, has approved the practice of 
establishing the value by affidavit. Wilson v. Blair, 119 U. S-. 387, 30 
L. Ed. 441; Street v. Ferry, 119 U. S. 385, 30 L. Ed. 439. But this 
practice has been l^eld not to apply to a case where the complaint upon 
its face shows a matter in dispute exceeding in value the necessary 
amount. Holden v. Utah & M. Mach. Co., 82 Fed. Eep. 209, 211. 



§ 24] DISTRICT COURTS— JURISDICTION 43 

Suits arising under the Constitution. 

Among the questions which have been held to bring cases within the 
scope of this provision are those of impairing the obligation of a con- 
tract (Capital City Gas Co. v. Des Moines, 72 Fed. Rep. 818; Leonard 
V. Shreveport, 28 Fed. Eep. 357), depriving a person of his liberty with- 
out due process of law (Cox v. Gilmer, 88 Fed. Eep. 343), and depriva- 
tion of property without due process of law, by means of State legisla- 
tion (Crystal Springs Land & Water Co. v. Los Angeles, 76 Fed. 148) ; 
but where the alleged deprivation of property is without authority of 
legislation, no federal question is presented. Barney v. New York, 193 
U. S. 430, 48 L. Ed. 737; Huntington v. New York, 193 U. S. 441, 48 
L. Ed. 741. 

Suits under the laws of the United States. 

The fact that a party to the action is a corporation created by the 
laws of the United States, confers jurisdiction under this provision. 
Washington & Idaho E. Co. v. Coeur d'Alene E. & N. Co., 160 U. S. 77, 
93, 40 L. Ed. 346, 353. A suit between the citizens of the same State 
to enjoin the erection of a bridge over navigable waters is within the 
jurisdiction conferred by this provision. Miller v. Mayor of New York, 
109 U. S. 385, 37 L. Ed. 971. The provision includes, as arising under 
the laws of the United States, suits by or against receivers of National 
Banks (Bartley v. Hayden, 74 Fed. Eep. 913 ; Armstrong v. Trautman, 
36 Fed. Eep. 275), suits against officers and directors of National Banks 
(Bailey v. Mosher, 63 Fed. Eep. 488, 11 C. C. A. 304), suits upon 
bonds for the faithful performance of duties, given by the officers of 
National Banks (Walker v. Windsor Nat. Bank, 56 Fed. Eep. 76, 5 
C. C. A. 431), suits upon bonds taken in the course of litigation in the 
federal courts (Files v. Davis, 118 Fed. Eep. 465; Meyers v. Block, 
120 U. S. 306, 30 L. Ed. 642; Tullock v. Mulvane, 184 U. S. 497, 46 L. 
Ed. 673 ; Missouri K. & T. E. Co. v. Elliott, 184 U. S. 530, 46 L. Ed. 
673), an action on a bond for the execution of a Government contract 
(Mullin V. United States, 109 Fed. Eep. 817, 48 C. C. A. 677), suits 
under the patent laws, or for the infringement of letters patent (Dunham 
V. Bent, 72 Fed. Eep. 60; Bernardin v. Northall, 77 Fed. Eep. 849), 
under the copyright laws (Daly v. Brady, 69 Fed. Eep. 385), and suits for 
the infringement of trademarks registered under the acts of Congress 
(see Act of February 30, 1905, § 17, 33 Stat, at L. 728; Eyder v. Holt, 
138 U. S. 525, 33 L. Ed. 529; Hopkins on Trademarks (2d Ed.), p, 
460). 



44 THE JUDICIAL CODE [i 24 

"Treaties" defined. 

"A treaty is in its nature a contract between two nations, not a Legis- 
lative Act. It does not generally effect, of itself, the object to be accom- 
plished, especially so far as its operation is inf raterritorial ; but is car- 
ried into execution by the sovereign power of the respective parties to the 
instrument." Mr. Chief Justice Marshall, in Foster v. Neilson, 2 Peters 
253, 314, 7 L. Ed. 415, 435. A law passed in contravention of a treaty is 
void. Society v. New Haven, 8 Wheat. 464, 493, 5 L. Ed. 662, 669. A 
suit involving the determination of what rights became vested under Land 
Grants which were confirmed by treaty does not involve a question under 
the treaty. Crystal Springs Land & Water Co. v. Los Angeles, 82 Fed. 
Eep. 114. 

Citizens of different States. 

A State is not a citizen. Postal Cable Co. v. Alabama, 155 U. S. 482, 
39 L. Ed. 231. Corporations are "citizens" within the meaning of the 
Act. Barrow Steam Ship Co. v. Kane, 170 U. S. 103, 42 L. Ed. 966. 
They are also included in the term "aliens." Ibid. Citizens of the Dis- 
trict of Columbia or of the Territories are not citizens of a state within 
the meaning of this section. Hooe v. Jamieson, 166 U. S. 395, 41 L. Ed. 
1049. "Persons may be citizens of the United States without being citi- 
zens of any state. Citizenship, in relation to the federal judiciary, must 
be of that kind which identifies the party with some particular state of 
which he is a member. To constitute citizenship of a state in relation to 
the judiciary acts requires — First, residence within such state; and, sec- 
ond, an intention that such residence shall be permanent. In this sense, 
state citizenship means the same thing as domicile in its general accepta- 
tion. The act of residence does not alone constitute the domicile of a 
party, but it is the fact of residence, accompanied by an intention of re- 
maining, which constitutes domicile. The distinction between domicile 
and mere residence may be shortly put as that between residence 
animo manendi and residence animo revertendi. Mere residence may be 
for a transient purpose, as for business, for a fixed period, or limited by an 
expected future event, upon the happening of which there is a purpose 
to return or remove. The two elements of residence, and the intention 
that such residence shall be permanent, must concur to make citizenship. 
It has consequently been held from the beginning that an averment of 
residence is not the equivalent of an averment of citizenship for the 
purpose of supporting jurisdiction in the courts of the United States." 
Clark, J., in Marks v. Marks, 75 Fed. Eep. 321, 324. 

Suit by assignees. 



§ 24] DISTRICT COURTS— JURISDICTION 45 

This provision is substantially the same as § 1 of the Act of August 
13, 1888, 25 Stat. At L. p. 433, of which Judge Caldwell has said: "The 
prior acts of congress regulating the jurisdiction of the circuit court con- 
tained substantially the same provision, and it has been the uniform 
holding in the circuits that the clause of the section we have quoted has 
relation to the citizenship of the assignor, and not to the amount of the 
note or other chose in action assigned. The essential requirement of this 
clause of the statute is satisfied when the citizenship of the assignor is 
such that he could have maintained a suit against the debtor in the circuit 
court." Bowden v. Burnham, 59 Fed. Eep. 752, 755, 8 C. C. A. 248. The 
manifest intention of this provision is to prevent assignments of choses 
in action for the mere purpose of securing jurisdiction in the Federal 
court (Barclay v. Levee Commissioners, 1 Woods 254, Fed. Case 977), 
and to relieve the Federal court from the burden of entertaining contro- 
versies purely local in character, as well as to avoid the impairment to 
the defendant of whatever defenses and set-ofEs he might be entitled to 
make in the State courts (Clarke v. Janesville, 1 Biss. 98, Fed. Case 
2,854). In a suit brought by an assignee, he must show that it could 
have been prosecuted in the Federal court by his assignor. Holmes v. 
Goldsmith, 147 IT. S. 150, 37 L. Ed. 118. In JSTew Orleans v. Quinlan, 
173 U. S. 191, 193, 43 L. Ed. 664, the Supreme Court has approved the 
following construction of this provision: "The circuit court shall have 
no jurisdiction over suits for the recovery of the contents of promissory 
notes or other choses in action brought in favor of assignees or transferees 
except over — First, suits upon foreign bills of exchange ; second, suits that 
might have been prosecuted in such court to recover the said contents if 
no assignment or transfer had been made; third, suits upon choses in 
action payable to bearer and made by a corporation." Newgass v. New 
Orleans, 33 Fed. Eep. 196. A bill of exchange drawn in one state and 
made payable in another is a "foreign" bill of exchange within the mean- 
ing of this section. Buckner v. Finley, 2 Peters 586, 7 L. Ed. 528. For a 
discussion of checks as bills of exchange see Bull v. First N'ational Bank, 
123 U. S. 105, 31 L. Ed. 97. This provision, as contained in § 629, E. S. 
F. S., read : "ISTo circuit court shall have cognizance of any suit to re- 
cover the contents of any promissory note or other chose in action in 
favor of an assignee, unless a suit might have been prosecuted in such 
court to recover the said contents if no assignment had been made, except 
in cases of foreign bills of exchange." Of that section Mr. Justice Field 
said : "The terms used, 'the contents of any promissory note or other 
chose in action,' were designed to embrace the rights the instrument con- 
ferred which were capable of enforcement by suit. They were not hap- 



46 THE JUDICIAL. CODE [§ 24 

pily chosen to convey this meaning, but they have received a construction 
substantially to that purport in repeated decisions of this court." Shoe- 
craft V. Bloxham, 124 U. S. 730, 31 L. Ed. 574. "The assignee in a 
chose in action may maintain a suit in the Federal court to recover pos- 
session of the specific thing, or damages for its wrongful caption or 
detention though the court would have no jurisdiction of the suit if 
brought by the assignors." Bushnell v. Kennedy, 76 U. S. (9 Wall.) 
387, 19 L. Ed. 736. 

2. All crimes and offenses cognizable under the authority 
of the United States. 

See § 563, E. S. U. S. 4 Fed. Stat. Ann. p. 218, 1 Comp. Stat. 455; 
Pierce Code § 7017. "A crime is 'cognizable under the authority of the 
United States' when it is triable in its courts by virtue of its laws. It is 
long since settled that the courts of the Unied States have no common-law 
jurisdiction in criminal cases; that, so far as the United States are con- 
cerned, there are no common-law crimes; and that therefore its courts 
cannot take cognizance of any act or omission as a crime unless it has 
been made such by an act of congress." Deady, J., in United States v. 
Lewis, 36 Fed. Eep. 449. 

3. All civil causes of admiralty and maritime jurisdiction, 
saving to suitors in all cases the right of a common law rem- 
edy where the common law is competent to give it; of all 
seizures on land or waters not within admiralty and maritime 
jurisdiction; of all prizes brought into the United States; and 
of all proceedings for the condemnation of property taken as 
prize. 

See § 563, E. S. U. S. 8th CI. 4 Fed. Stat. Ann. p. 230, 1 Comp. 
Stat. p. 456 ; Pierce Code § 7017. As to the scope of the admiralty juris- 
diction of the Federal courts Mr. Justice Brown has said : "The true dis- 
tinction between such proceedings as are and such as are not invasions of 
the exclusive admiralty jurisdiction is this : If the cause of action be one 
cognizable in admiralty, and the suit be in rem against the thing itself, 
though a motion be also issued to the owner, the proceeding is essentially 
one in admiralty. If, upon the other hand, the cause of action be not 
one of which a court of admiralty has jurisdiction, or if the suit be in 
personam against an individual defendant, with an auxiliary attachment 
against a particular thing, or against the property of the defendant in 
general, it is essentially a proceeding according to the course of the com- 
mon law, and within the saving clause of the statute (§ 563) of a 



§ 24] DISTRICT COURTS— JURISDICTION 47 

common-law remedy.' The suit in this case being one in equity to 
enforce a common-law remedy, the state courts were correct in assuming 
jurisdiction." Knapp, Stout & Co. v. McCaffrey, 177 IT. S. 638, 648, 44 
L Ed. 921, 926. "State Courts have no Jurisdiction in admiralty cases, 
nor can courts within the States exercise such jurisdiction, except such 
as are established in pursuance of the 3d Article of the Constitution. 
* * * Our Constitution, in its operation, is co-extensive with our 
political jurisdiction and, wherever navigable waters exist within the 
limits of the United States, it is competent for Congress to make pro- 
vision for the exercise of admiralty jurisdiction, either within or outside 
of the States; and in organizing Territories Congress may establish 
tribunals for the exercise of such jurisdiction, or they may leave it to the 
Legislature of the Territory to create such tribunals." The City of 
Panama v. Phelps, 101 U. S. 453, 25 L. Ed. 1061. The admiralty juris- 
diction of the Federal courts extends to such cases as arise in the course 
of navigation and commerce upon the high seas (De Lovio v. Boit, 2 
Gall. 398, Eed. Case 3776), the Great Lakes (Genessee Chief v. Pitzhugh, 
12 Howard 443, 13 L. Ed. 1058), the navigable rivers (Ex parte Garnet, 
141 U. S. 1, 35 L. Ed. 631), and the canals (Ex parte Boyer, 109 U. S. 
629, 27 L. Ed. 1056; Malony v. City of Milwaukee, 1 Ped. Eep. 611). 

Seizures. 

Seizure is the taking possession of property for the purpose of sub- 
mitting to proper judicial authority the question of its forfeiture. The 
Washington, 17 Law Eep. 497, Fed. Case 17, 222. "The seizure of goods 
forfeited for a breach of the revenue laws, or concealed to avoid the 
duties payable on them, has been authorized by English statutes for at 
least two centuries past ; and the like seizures have been authorized by our 
own revenue acts from the commencement of the government." Mr. Jus- 
tice Bradley, in Boyd v. United States, 116 U. S. 616, 623, 29 L. Ed. 
746, 748. 

Prize. 

"Prize is generally used as a technical term to express a legal capture." 
Miller v Eesolution, 2 Dall. 1, 1 L. Ed. 263. A prize proceeding is a 
civil action. Ex parte Graham, 3 Wash. C. C. 456, Ped. Case 5657. The 
prize jurisdiction in admiralty is exclusive. Maisonnaire v. Keating, 2 
Gall. 325, Ped. Case 8978. Jurisdiction attaches whenever the prize or 
the proceeds thereof can be traced. Jecker v. Montgomery, 13 How. 498, 
14 L. Ed. 615. 



48 THE JUDICIAL. CODE [§ 24 

4. "All suits arising under any law relating to the slave 
trade. ' ' 

See § 629, E. S. U. S., 1 Comp. Stat. p. 508, 4 Fed. Stat. Ann. p. 248, 
Pierce, Code, § 7173. For laws relating to the slave trade see §§ 5375- 
5382; 5524 and 5525; 5551-5569, E. S. U. S. 

5. "All cases arising under any law providing for internal 
revenue, or from revenue from imports or tonnage, except 
those cases arising under any law providing revenue from 
imports, jurisdiction of which has been conferred upon the 
court of customs appeals." 

See 5th clause of § 563, E. S. U. S., 1 Comp. Stat. p. 456, 4 Fed. Stat. 
Ann. p. 220, Pierce, Code § 7017 ; and fourth clause of § 629, E. S. U. S., 
1 Comp. Stat. p. 503, 4 Fed. Stat. Ann., p. 246, Pierce, Code, § 7173. 
Also § 643, E. S. U. S., 1 Comp. Stat. p. 521, 4 Fed. Stat. Ann. 260, 
Pierce, Code, § 7184. 

"Eevenue Laws." "The term 'revenue law' when used in connection 
with the jurisdiction of the courts of the United States, means a law 
imposing duties on imports or tonnage, or a law providing in terms for 
revenue; that is to say, a law which is directly traceable to the power 
granted to Congress by § 8, art. 1, of the Constitution, 'to lay and collect 
taxes, duties, imports, and excises.' This view is strengthened by the 
third subdivision of § 699, which gives this court jurisdiction, without 
reference to the value in dispute, of 'any final judgment of a circuit 
court * * * jjj ^jjy gj^yj]^ action against an officer of the revenue, for 
any act done by him in the performance of his official duty.' Certainly it 
will not be claimed that the clerk of a District Court of the United 
States is an 'officer of the revenue'; but there is nothing to indicate that 
the term 'revenue' has any different signification in this subdivision of 
the section from that which it had in the other. The clerk of a court of 
the United States collects his taxable 'compensation,' not as the revenue 
of the United States, but as the fees and emoluments of his office, with an 
obligation on his part to account to the United States for all he gets over 
a certain sum which is fixed by law. This obligation does not grow out 
of any 'revenue law,' properly so called, but out of a statute governing 
an officer of a Court of the United States." Mr. Chief Justice Waite, in 
United States v. Hill, 123 U. S. 681, 686, 31 L. Ed. 275, 277. 

6. "All cases arising under the postal laws." 

The class of cases is one over which the Circuit Courts have had juris- 
diction under the fourth paragraph of § 629, E. S. U. S., 1 Comp. Stat. 



§24] DISTRICT COURTS— JURISDICTION 49 

p. 503. The District Courts have had concurrent jurisdiction under the 
seventh paragraph of § 563, E. S. U. S., 1 Comp. Stat. p. 457, whose 
language is identical with that of The Judicial Code. 

As to the inherent powers of the States hefore the foundation of the 
Union, to establish postofSces and postroads, and to exercise the police 
power over them, see In re Eapier, 143 U. S. 110, 134, 36 L. Ed. 93, 9 
U. S. E. p. 552. 

The Constitutional Provision is that of Article 1, § 8, "The Con- 
gress shall have power * * * to establish post-offices and post- 
roads." Of this provision Mr. Chief Justice Waite said : "Since the case 
of Gibbons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23, it has never been doubted 
that commercial intercourse is an element of commerce which comes 
within the regulating power of Congress. Post-offices and post-roads are 
established to facilitate the transmission of intelligence. Both commerce 
and the postal service are placed within the power of Congress, because, 
being national in their operation, they should be under the protecting 
care of the National Government. 

"The powers thus granted are not confined to the instrumentalities of 
commerce, or the postal service known or in use when the Constitution 
was adopted, but they keep pace with the progress of the country, and 
adapted themselves to the new development of time and circumstances. 
They extend from the horse with its rider to the stage-coach, from the 
sailing vessel to the steamboat, from the coach and the steamboat to the 
railroad, and from the railroad to the telegraph, as these new agencies 
are successively brought into use to meet the demands of increasing popu- 
lation and wealth. They were intended for the government of the busi- 
ness to which they relate, at all times and under all circumstances. As 
they were intrusted to the General Government for the good of the na- 
tion, it is not only the right but the duty of Congress to see to it that 
intercourse among the States and the transmission of intelligence are not 
obstructed or unnecessarily incumbered by state legislation." Pensacola 
Tel. Co. V. Western Union Tel. Co., 96 U. S. (6 Otto) 1, 24, 24 L. Ed. 
708, 710. 

7. All suits at law or in equity arising under the patent, 
the copyright, and the trademark laws. 

Patent Laws. The jurisdiction of the federal courts over "all cases 
arising under the patent-right or copyright laws of the United States" 
was made exclusive of the courts of the several States by § 711, E. S. 
U. S., 1 Comp. Stat. p. 577, 4 Fed. Stat. Ann. p. 493, Pierce, Code, 
§ 7347. See Hopkins on Patents, § 323. See § 256, post. 

Jud. Code — i 



50 THE JUDICIAL, CODE [§ 24 

The Constitutional Peovision. Of this Constitutional provision, 
Mr. Chief Justice Fuller said: "Since under the Constitution, Congress 
has power 'to promote the progress and science and useful arts, by secur- 
ing for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries. Art. I, § 8, and to make all laws 
which shall be necessary and proper for carrying that express power into 
execution, it follows that Congress may provide such instrumentalities in 
respect of securing to inventors the exclusive right to their discoveries as 
in its judgment will be best calculated to effect that object." United States 
v. Duell, 172 U. S. 576, 583, 43 L. Ed. 559, 561. "The power * * * 
to issue a patent for an invention, and the authority to issue such an in- 
strument for a grant of land, emanate from the same source, and although 
exercised by different bureaus or officers under the government, are of the 
same nature, character, and validity, and imply in each case the exercise 
of the power of the government according to modes regulated by Acts of 
Congress." Mr. Justice Miller in United States v. Bell Telephone Co., 
128 U. S. 315, 358, 32 L. Ed. 450, 459. 

CoPTEiGHT LAV7S. See § 711, E. S. U. S., 1 Comp. Stat. p. 577, 4 
Fed. Stat. Ann. p. 493, Pierce, Code, § 7347. For liability for infringe- 
ment of copyright see Act of March 4, 1909, § 25, 35 Stat, at L. 1075, 
Pierce, Code, *§ 1587, Supp. p. 273. See § 256, fost. 

The Constitutional Provision. The foundation to the right of pro- 
tection for literary property in the Constitution has been thus referred to 
by Mr. Justice Blatchford: "Although the Constitution of the United 
States, in § 8 of article 1, provides that the Congress shall have power 
'to promote the progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive right to their respective 
writings and discoveries,' yet the means for securing such right to authors 
are to be prescribed by Congress. It has prescribed such a method, and 
that method is to be followed. No authority exists for obtaining a copy- 
right, beyond the extent to which Congress has authorized it. A copy- 
right cannot be sustained as a right existing at common law ; but, as it 
exists in the United States, it depends wholly on the legislation of Con- 
gress." Banks v. Manchester, 128 U. S. 244, 32 L. Ed. 425. 

Trademaee: Laws. The jurisdictional provision of the present regis- 
tration Act is the Act of February 20, 1905, § 17, 33 Stat, at L. 724, 
Supp. Comp. Stat. p. 667, 10 Fed. Stat. Ann. p. 408, Pierce, Code, 
§ 8823. See Hopkins on Trademarks (2d Ed.), p. 481. As to registra- 
tions under the former law, see § 7, Act of March 3, 1881, c. 138, 21 Stat, 
at L. 503, 1 Comp. Stat. p. 3403, Hopkins on Trademarks (2d Ed ) 
8 139. 



§24] DISTRICT COUETS— JURISDICTION 51 

The Constitutional Pbovision. The Act of July 8, 1870, and the 
penal Act of August 14, 1876, were held unconstitutional in Trademark 
Cases, 100 U. S. 82, 25 L. Ed. 550. The Act of March 3, 1881, was 
enacted upon the theory that it came within the treaty-makiag power of 
the United States (Hopkins on Trademarks, 2d Ed., page 320), while 
the present Act, of February 20, 1905, can only be sustained upon the 
theory that its enactment was within the powers vested in Congress by 
the Commerce Clause, Article I, § 8, of the Constitution (Ibid). Speak- 
ing of the Act of March 3, 1881, Mr. Chief Justice Fuller said : "Under 
the act (21 Stat, at L. 502, c. 138) registration is prima facie evidence 
of ownership • * * * the certificate is evidence in any suit or action 
in which the registered trademark is brought in controversy; * * * 
the act practically enables treaty stipulations to be carried out, and affords 
the basis for judicial redress for infringement in foreign countries, where 
such redress cannot ordinarily be had without registration, as well as in 
the courts of the United States, when jurisdiction would not otherwise 
exist. For it is the assertion of rights derived -under the act which gives 
cognizance to courts of the United States when the controversy is be- 
tween citizens of the same state, though the benefits of the act cannot be 
availed of if the alleged trademark is not susceptible of exclusive owner- 
ship as such, and not, therefore, of registration." Elgin National Watch 
Co. v. lUinois Watch Co., 179 U. S. 665, 672, 45 L. Ed. 365, 377. 

8. All suits and proceedings arising under any law regu- 
lating commerce, except those suits and proceedings exclusive 
jurisdiction of which has been conferred upon the commerce 
court. 

This provision relates to such suits and proceedings as arise under 
Congressional legislation enacted in pursuance of the commerce clause of 
the Constitution, Article 1, § 8, "The Congress shall have power * * * 
to regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes." 

Legislation of this character has been so voluminous that we need refer 
only to a few illustrative acts. Act of March 3, 1889, c. 382, 25 Stat, at 
L. 855, 1 Comp. Stat. p. 3172 (mandamus to compel carriers to furnish 
equal facilities to shippers) ; the Act of March 2, 1893, c. 196, 27 Stat, at 
L. 531, 1 Comp. Stat. p. 3174 (an Act requiring carriers to use certain 
safety appliances ; see St. Louis I. M. & S. E. Co. v. Taylor, 210 U. S. 
281, 52 L. Ed. p. 1061) ; the Act of July 2, 1890, 26 Stat, at L. 209, c. 
647, 3 Comp. Stat. p. 3200 (the Anti-Trust Act; see Northern Securities 
Co. V. United States, 193 U. S. 197, 48 L. Ed. 679) ; the Act of March 4, 



53 THE JUDICIAL CODE [i 24 

1907, 34 Stat, at L. 1415, Pierce, Code, § 7933 (regulating service hours 
of employees) ; the Act of June 29, 1906, 34 Stat, at L. 607, Pierce, Code, 
§ 6463 (to prevent cruelty to animals while in transit). 

9. All suits and proceedings for the enforcement of penal- 
ties and forfeitures incurred under any law of the United 

States. 

See § 711, E. S. U. S., 1 Comp. Stat. p. 577, 4 Fed. Stat. Ann. p. 493, 
Pierce, Code, § 7347. The jurisdiction thus provided for is a necessary 
incident of governmental power. It did not require, nor did it receive, 
express mention in the Constitution, save to the extent that the judiciary 
was manifestly created as an inseparable adjunct to the executive and 
legislative departments. In treating the infliction of penalties as an in- 
herent element of government, Mr. Justice Field said : "The power of the 
State to impose fines and penalties for a violation of its statutory re- 
quirements is coeval with government; and the mode in which they shall 
be enforced, whether at the suit of a private party, or at the suit of the 
public, and what disposition shall be made of the amounts collected, are 
merely matters of legislative discretion." Missouri Pac. E. Co. v. Terry, 
115 U. S. 523, 29 L. Ed. 467. 

Definitions. Penalty. "The term 'penalt/ involves the idea of 
punishment, and its character is not changed by the mode in which it is 
inflicted, whether by a civil action or a criminal prosecution." Mr. Jus- 
tice Field, in United States v. Chouteau, 102 U. S. 603, 611, 26 L. Ed. 
246, 249. Forfeiture. "A punishment annexed by law to some illegal 
act or negligence in the owner of lands, tenements, or hereditaments, 
whereby he loses all his interest therein, and they become vested in the 
party injured as a recompense for the wrong which he alone or the public 
together with himself, hath sustained." Bouvier, Diet. (Eawle's Eev.), 
title "Forfeiture." "The term forfeiture imports a penalty; it has no 
necessary or natural connection with the measure or degree of injury 
which may result from a breach of contract, or from an imperfect per- 
formance. It implies an absolute infliction, regardless of the nature and 
extent of the causes by which it is superinduced. Unless, therefore, it 
shall have been expressly adopted and declared by the parties to be a 
measure of injury or compensation, it is never taken as such by courts of 
justice, who leave it to be enforced where this can be done in its real 
character, viz., that of a penalty." Mr. Justice Daniel, in Van Buren v. 
Digges, 11 How. 470, 13 L. Ed. 775. 

10. All suits by the assignee of any debenture for draw- 
back of duties, issued under any law for the collection of 



§ 24] DISTRICT COURTS— JURISDICTION 



53 



duties, against the person to whom such debenture was orig- 
inally granted, or against any indorser thereof, to recover 
the amount of such debenture. 

This provision is solely in relation to the debentures issued by the 
Secretary of the Treasury in accordance with §§ 3033-3038, E. S. U. S., 2 
Fed. Stat. Ann. pp. 735, 736. As to the purpose for which such deben- 
tures are issued, see, §§ 3015-3036, E. S. U. S., 2 Fed. Stat. Ann. pp. 
731-735, 2 Comp. Stat. pp. 1989, 1997. 

11. All suits brought by any person to recover damages 
for any injury to his person or property on account of any 
act done by him, under any law of the United States, for the 
protection or collection of any of the revenues thereof, or to 
enforce the right of citizens of the United States to vote in 
the several states. 

This provision is based upon the twelfth and sixteenth paragraphs of 
§ 629, E. S. U. S., 1 Comp. Stat. p. 505, 4 Fed. Stat. Ann. p. 345, Pierce, 
Code, § 7173 ; providing that the Circuit Courts shall have jurisdiction 
as follows: 

"Twelfth. Of all suits brought by any person to recover damages for 
any injury to his person or property on account of any act done by him, 
under any law of the United States for the protection or collection of any 
of the revenues thereof, or to enforce the right of citizens of the United 
States to vote in the several States." 

"Sixteenth. Of all suits authorized by law to be brought by any per- 
son to redress the deprivation, under color of any law, statute, ordinance, 
regidation, custom, or usage of any State, of any right, privilege, or im- 
munity, secured by the Constitution of the United States, or of any right 
secured by any law providing for equal rights of citizens of the United 
States, or of all persons within the jurisdiction of the United States." 
4 Fed. Stat. Ann. pp. 248, 249. Under the twelfth paragraph it was held 
that a collector of internal revenue bringing suit upon his deputy's bond 
to recover the amount embezzled by the deputy, had received "an injury to 
his property." Crawford v. Johnson, 1 Deady 457, Fed. Case 3369. 

Actions for damages based upon the refusal of election officers to per- 
mit the plaintiff to vote at a Federal election have been held to be actions 
arising under the Constitution or laws of the United States. Swafford v. 
Templeton, 185 U. S. 487, 492, 46 L. Ed. 1005, 1009. 

12. All suits authorized by law to be brought by any per- 
son for the recovery of damages on account of any injury to 



54 THE JUDICIAL CODE [§ 24 

his person or property, or of tlie deprivation of any right or 
privilege of a citizen of the United States, by any act done 
in furtherence of any conspiracy mentioned in section nineteen 
hundred and eighty, revised statutes. 

For the interpretation of § 1980, E. S. IT. S., see §§ 5008, 5009, and 
5518. United States v. Patrick, 54 Fed. Eep. 338. § 1980, E. S. U. S., 
1 Comp. Stat. p. 1363, 1 Fed. Stat. Ann. p. 796, Pierce, Code, § 1608. 

13. All suits authorized by law to be brought against any 
person who having knowledge that any of the wrongs men- 
tioned in section nineteen hundred and eighty, revised statutes, 
are about to be done, and, having power to prevent or aid in 
preventing the same, neglects or refuses so to do, to recover 
damages for any such wrongful act. 

See § 1981, E. S. U. S., 1 Comp. Stat. p. 1363, 1 Fed. Stat. Ann. p. 
797. Pierce, Code, § 1609. 

14. All suits at law or in equity authorized by law to be 
brought by any person to redress the deprivation, under color 
of any law, statute, ordinance, regulation, custom, or usage 
of any state, of any right, privilege, or immimity, secured by 
the constitution of the United States, or of any right secured 
by any law of the United States providing for equal rights of 
citizens of the United States, or of all persons within the 
jurisdiction of the United States. 

See § 1979, E. S. U. S., 1 Comp Stat. 1363, 1 Fed. Stat. Ann. p. 795, . 
Pierce, Code, § 1607. See § 639, E. S. U. S., clause 16, 1 Comp. Stat. p. 
505, 4 Fed. Stat. Ann. p. 349, Pierce, Code, § 7173. 

15. All suits to recover possession of any office, except that 
of elector of president or vice president, representative in or 
delegate to congress, or member of a state legislature, author- 
ized by law to be brought, wherein it appears that the sole 
question touching the title to such office arises out of the 
denial of the right to vote to any citizen offering to vote, on 
account of race, color, or previous condition of servitude: 
Provided, That such jurisdiction shall extend only so far as 
to determine the rights of the parties to such office by reason 
of the denial of the right guaranteed by the constitution of 



§ 24] DISTRICT COURTS— JURISDICTION 55 

the United States, and secured by any law, to enforce the 
right of citizens of the United States to vote in all the States. 
This clause re-enacts clause 13, § 629, E. S. U. S., 1 Comp. Stat, p 
506, 4 Fed. Stat. Ann. p. 249, Pierce, Code, § 7173. 

16. All cases commenced by the United States, or by di- 
rection of any officer, against any national banking associa- 
tion, and cases for winding np the affairs of any such bank; 
and of all suits brought by any banking association estab- 
lished in the district for which the court is held, under the 
provisions of title "National Banks," revised statutes, to 
enjoin the comptroller of the currency, or any receiver acting 
under his direction, as provided by said title. And all national 
banking associations established under the laws of the United 
States shall, for the purposes of all other actions by or against 
them, real, personal, or mixed, and all suits in equity, be 
deemed citizens of the States in which they are respectively 
located. 

Superseding the 10th and 11th clauses of § 629, E. S. U. S., 1 Comp. 
Stat. p. 505, 4 Fed. Stat. Ann. p. 248, Pierce, Code, § 7173. 

17. All suits brought by any alien for a tort only, in 
violation of the laws of nations or of a treaty of the United 
States. 

Ee-enacting the 16th clause of § 563, E. S. U. S., 1 Comp. Stat. p. 458, 
4 Fed, Stat. Ann. p. 235, Pierce, Code, § 7017. 

18. All suits against consuls or vice consuls. 
Superseding the 17th clause of § 563, E. S. U. S., 1 Comp. Stat. p. 459, 

4 Fed. Stat. Ann. p. 235, Pierce, Code, § 7017. The jurisdiction of the 
Supreme Court in cases affecting ambassadors, other public ministers, and 
consuls under Article III, § 2, of the Constitution is original but not 
exclusive, and hence does not invalidate this clause. Pooley v. Luco, 76 
Fed. Eep. 146. 

19. All matters and proceedings in bankruptcy. 
Superseding the 18th clause of § 563; E. S. U. S., 1 Comp. Stat. p. 460, 

4 Fed. Stat. Ann. p. 236, Pierce, Code, § 7017. 

20. Concurrent with the Court of Claims, of all claims not 
exceeding ten thousand dollars founded upon the Constitution 
of the United States or any law of Congress, or upon any 



56 THE JUDICIAL, CODE [§ 24 

regulation of an executive department, or upon any contract, 
express or implied, with tlie Government of the United States, 
or for damages, liquidated or unliquidated, in cases not sound- 
ing in tort, in respect to which claims the party would be en- 
titled to redress against the United States, either in a court 
of law, equity, or admiralty, if the United States were suable, 
and of all set-offs, counterclaims, claims for damages, whether 
liquidated or unliquidated, or other demands whatsoever on 
the part of the government of the United States against any 
claimant against the government in said court : Provided, how- 
ever, That nothing in this paragraph shall be construed as 
giving to either the District Courts or the Court of Claims 
jurisdiction to hear and determine claims growing out of the 
late civil war, and commonly known as "war claims," or to 
hear and determine other claims which had been rejected or 
reported on adversely prior to the third day of March, 
eighteen hundred and eighty-seven, by any court, department, 
or commission authorized to hear and determine the same, 
or to hear and determine claims for pensions; or as giving 
to the district courts jurisdiction of cases brought to recover 
fees, salary, or compensation for official services of officers of 
the United States or brought for such purpose by persons 
claiming as such officers or as assignees or legal representa- 
tives thereof; but no suit pending on the twenty-seventh day 
of June, eighteen hundred and ninety-eight, shall abate to be 
affected by this provision : And provided further, That no suit 
against the government of the United States shall be allowed 
under this paragraph unless the same shall have been brought 
within six years after the right accrued for which the claim is 
made: Provided, That the claims of married women, first 
accrued during marriage, of persons under the age of twenty- 
one years, first accrued during minority, and of idiots, luna- 
tics, insane persons, and persons beyond the seas at the time 
the claim accrued, entitled to the claim, shall not be barred 
if the suit be brought within three years after the disability 
has ceased; but no other disability than those enumerated 
shall prevent any claim from being barred, nor shall any of 
the said disabilities operate cumulatively. All suits brought 



§ 24] DISTRICT COURTS— JURISDICTION 57 

and tried lander the provision of this paragraph shall be 
tried by the court without a jury. 

See Act of March 3, 1887, § 3, c. 359, 24 Stat, at L. 505, 1 Comp. Stat. 
p. 753, 2 Fed. Stat. Ann. p. 82, Pierce, Code, § 7822. Suits under this 
provision are not suits at common law, and the provision making them 
triable without the intervention of a jury is not in violation of the Sev- 
enth Amendment. McElrath v. United States, 102 U. S. 426, 26 L. Ed. 
189 ; United States v. Saunders, 79 Fed. Kep. 407, 24 C. C. A. 649. Un- 
der this section an assignee may sue in his own name. United States v. 
Jones, 131 U. S. 1, 33 L. Ed. 90; Emmons v. United States, 48 Fed. 
Eep. 43. 

21. Of proceedings in equity, by writ of injunction, to re- 
strain violation of the provisions of laws of the United States 
to prevent the unlawful inclosure of public lands; and it 
shall be sufficient to give the court jurisdiction if service of 
original process be had in any civil proceeding on any agent 
or employee having charge or control of the inclosure. 

See Act of February 25, 1885, § 2, 23 Stat, at L. 321, 6 Fed. Stat. Ann. 
p. 533, 1 Comp. Stat. p. 1524, Pierce, Code, § 10259. 

22. All suits and proceedings arising under any law regu- 
lating the immigration of aliens, or under the contract labor 
laws. 

See Act of March 3, 1891, § 13, 26 Stat, at L. 1084, 1 Comp. Stat. p. 
1294, 3 Fed. Stat. Ann. p. 304. 

23. All suits and proceedings arising under any law to 
protect trade and commerce against restraints and monop- 
olies. 

This class of causes is substantially identical with those of Clause 8, 
this section, which see. The anti-trust laws are Justified solely by the 
Commerce Clause of the Constitution. See jurisdictional provision, § 4, 
Act of July 2, 1890, c. 647, 26 Stat, at L. 209, 3 Comp. Stat. p. 3201, 7 
Fed. Stat. Ann. p. 336, Pierce, Code, § 7998. 

24. All actions, suits, or proceedings involving the right 
of any person, in whole or in part of Indian blood or descent, 
to any allotment of land under any law or treaty. 

See Act of February 6, 1901, 31 Stat, at L. 760, 3 Fed. Stat. Ann. p. 
503, Pierce, Code, § 5807. 



58 THE JUDICIAL. CODE [§24 

25. Suits in equity brought by any tenant in common or 
joint tenant for the partition of lands in cases where the 
United States is one of such tenants in common or joint 
tenants, such suits to be brought in the district in which 
such land is situate. 

Superseding Act of May 17, 1898, § 1, c. 339, 30 Stat, at L. 416, 1 
Comp Stat. p. 516. 

Sec. 25. The District Courts shall have appellate jurisdic- 
tion of the judgments and orders of United States commis- 
sioners in cases arising under the Chinese exclusion laws. 

This section appeared as part of the act of September 13, 1888, ch. 
1015, § 13, 25 Stat, at L. 476. 

See the Chinese Exclusion Acts, May 6, 1882, c. 126, 22 Stat, at L. 
58; Act July 5, 1884, c. 220, 23 Stat, at L. 115; Act May 5, 1892, c. 
60, 27 Stat, at L. 25. 1 Comp. Stat. pp. 1305, 1328; Pierce, Code, 
§§ 4772, 4835, 1 Fed. Stat. Ann. 754. As to the constitutionality of Ex- 
elusion Acts generally the Supreme Court has said : 

"It is an accepted maxim of international law, that every sovereign 
nation has the power, as inherent in sovereignty, and essential to self- 
preservation, to forbid the entrance of foreigners within its dominions, 
or to admit them only in such eases and upon such conditions as it may 
see fit to prescribe. In the United States, this power is vested in the 
national government, to which the Constitution has committed the entire 
control of international relations, in peace as well as in war. It belongs 
to the political department of the government, and may be exercised 
either through treaties made by the President and Senate, or through 
statutes enacted by Congress." Ekiu v. United States, 142 U. S. 651, 
659, 35 L. Ed. 1146, 1149. Following this principle the Chinese Ex- 
clusion Acts have been held valid. Chae Chan Ping v. United States, 130 
U. S. 581, 32 L. Ed. 1068 ; Fong Yue Ting v. United States, 149 U. S. 
698, 37 L. Ed. 905. 

Sec. 26. The district court of the district of Wyoming 
shall have jurisdiction of all felonies committed within the 
Yellowstone National Park and appellate jurisdiction of 
judgments in cases of conviction before the commissioner 
authorized to be appointed under section five of an Act en- 
titled "An Act to protect the birds and animals in Yellow- 
stone National Park, and to punish crimes in said Park, and 



§27] DISTRICT COURTS— JURISDICTION 59 

for other purposes," approved May seventli, eighteen hun- 
dred and ninety -four. 

See Act of May 7, 1894, §§ 2, 3, 4, 28 Stat, at L. 73, 6 Fed. Stat. Ann. 
p. 618, 1 Comp. Stat. p. 1561, Pierce, Code, §§ 8221, 8222, 8224. 

Sec. 27. The District Court of the United States for the 
district of South Dakota shall have jurisdiction to hear, try, 
and determine all actions and proceedings in which any per- 
son shall be charged with the crime of murder, manslaughter, 
rape, assault with intent to Mil, arson, burglary, larceny, or 
assault with a dangerous weapon, committed within the limits 
of any Indian reservation in the State of South Dakota. 

Act of February 2, 1903, 32 Stat, at L. 793, 1 Comp. Stat. p. 719, 10 
Fed. Stat. Ann. 121, Pierce, Code, § 7020. 



«ec. 



Chaptek Three. 



DISTEICT COUETS EEMOVAL OF CAUSES. 



Sec. 



28. Eemoval of suits from State to 34.' Removal of suits by aliens. 

United States district courts. 35. When copies of records are re- 

29. Procedure for removal. fused by clerk of State court. 

30. Suits under grants of land from 36. Previous attachment bonds, or- 

different States. ders, etc., remain valid. 

31. Eemoval of causes against persons 37. Suits improperly in district court 

denied any civil rights, etc. may be dismissed or remanded. 

32. When petitioner is in actual cus- 38. Proceedings in suits removed. 

tody of State court. 39. Time for filing record; return of 

33. Suits and prosecutions against record, how enforced. 

revenue officers, etc. 

Sec. 28. Any suit of a civil nature, at law or in equity, 
arising under the Constitution or laws of the United States, 
or treaties made, or which shall be made, under their author- 
ity, of which the district courts of the United States are given 
original jurisdiction by this title, which may now be pending 
or which may hereafter be brought, in any State court, may 
be removed by the defendant or defendants therein to the 
district court of the United States for the proper district. 
Any other suit of a civil nature, at law or in equity, of which 
the district courts of the United States are given jurisdiction 
by this title, and which are now pending or which may here- 
after be brought, in any State court, may be removed into 
the district court of the United States for the proper district 
by the defendant or defendants therein, being non-residents 
of that State. And when in any suit mentioned in this section 
there shall be a controversy which is wholly between citizens 
of different States, and which can be fully determined as be- 
tween them, then either one or more of the defendants actually 
interested in such controversy may remove said suit into the 
district court of the United States for the proper district. 
And where a suit is now pending, or may hereafter be brought, 

§28] Ql 



62 THE JUDICIAL. CODE [§ 28 

in any State court, in wMch. there is a controversy between a 
citizen of the State in which the suit is brought and a citizen 
of another State, any defendant, being such citizen of another 
State, may remove such suit into the district court of the 
United States for the proper district, at any time before the 
trial thereof, when it shall be made to appear to said district 
court that from prejudice or local influence he will not be 
able to obtain justice in such State court, or in any other 
State court to which the said defendant may, under the laws 
of the State, have the right, on account of such prejudice or 
local influence, to remove said cause: Provided, That if it 
further appear that said suit can be fully and justly de- 
termined as to the other defendants in the State court, with- 
out being affected by such prejudice or local influence, and 
that no party to the suit will be prejudiced by a separation of 
the parties, said district court may direct the suit to be re- 
manded, so far as relates to such other defendants, to the 
State court, to be proceeded with therein. At any time before 
the trial of any suit which is now pending in any district 
court, or may hereafter be entered therein, and which has 
been removed to said court from a State court on the affidavit 
of any party plaintiff that he had reason to believe and did 
believe that, from prejudice or local influence, he was unable 
to obtain justice in said State court, the district court shall, 
on application of the other party, examine into the truth of 
said affidavit and the grounds thereof, and, unless it shall ap- 
pear to the satisfaction of said court that said party will not be 
able to obtain justice in said State court, it shall cause the same 
to be remanded thereto. Whenever any cause shall be removed 
from any State court into any district court of the United 
States, and the district court shall decide that the cause was 
improperly removed, and order the same to be remanded to 
the State court from whence it came, such remand shall be 
immediately carried into execution, and no appeal or writ 
of error from the decision of the district court so remanding 
such cause shall be allowed : Provided, That no case arising 
under an Act entitled "An Act relating to the liability of 
common carriers by railroad to their employes in certain 



§ 28] DISTRICT COURTS— REMOVAL OF CAUSES 63 

cases," approved April twenty-second, nineteen hundred and 
eight, or any amendment thereto, and brought in any State 
court of competent jurisdiction shall be removed to any court 
of the United States. 

See Act March 3, 1875, c. 137, § 2, 18 Stat, at L. 470. Act March 3, 
1887, c. 373, § 1, 24 Stat, at L. 552. Act August 13, 1888, c. 866, § 1, 
25 Stat, at L. 433, 1 Comp. Stat. p. 509. 4 Fed. Stat. Ann. 312. Pierce, 
Code, § 7203. 

As to what are "suits of a civil nature," see ante, notes to § 24. 

General Principles Concerning Eemoval op Causes. There is no 
constitutional right to removal of causes from state to Federal courts. 
This question was ruled upon by Judge Aldrich, as follows: "We will 
dispose of the position taken by the petitioner on reargument, that the 
right of removal exists under article 3, § 2, of the constitution of the 
United States, and cannot, therefore, be abridged by congress or denied 
by the court. This position is not tenable. The constitution declares the 
lines within which congress may confer jurisdiction, but the ground and 
limit of actual jurisdiction to be exercised by the courts are to be found 
in the acts of congress, and not in the constitution. It is not necessary 
to inquire as to the extreme limit of the constitutional scope of judicial 
power. Within its scope, whatever that may be, congress may confer 
jurisdiction, and so much of the constitutional grant of judicial power 
as is not bestowed upon the federal courts by legislative provision remains 
dormant. In other words, congress is to define and describe to what 
extent the judicial power is to be exercised by the federal courts." In re 
Cilley, 58 Fed. Eep. 977. On the other hand, the power of congress to 
authorize such removal has long been settled. "The constitutional right of 
congress to authorize the removal (from state to federal courts) before 
trial of civil cases arising under the laws of the United States has long 
since passed beyond doubt. It was exercised almost contemporaneously 
with the adoption of the Constitution and the power has been in constant 
use ever since. Mr. Justice Strong, in Tennessee v. David, 100 U. S. 257, 
265, 25 L. Ed. 648, 651. Congress having acted, no legislative or judicial 
power of the state can thwart the right of removal. "The legislature or 
the judiciary of a state can neither defeat the right given by a constitu- 
tional act of Congress to remove a case from a court of the state into the 
Circuit Court of the United States, nor limit the effect of such removal." 
Mr. Justice Gray, in Goldey v. Morning News, 156 U. S. 518, 523, 39 L. 
Ed. 517, 519. 

The Nature oe the Jurisdiction Exercised Upon Eemoval. The 



64 THE JUDICIAL CODE [§ 28 

purpose of removal is to try the cause; it cannot be removed from the 
state court to a federal court for any purpose but trial. Vannevar v. 
Bryant, 21 Wall. 41, 22 L. Ed. 476. "The power of removal is certainly 
not, in strictness of language, an exercise of original Jurisdiction ; it pre- 
supposes an exercise of original jurisdiction to have attached elsewhere." 
Martin v. Hunter, 1 Wheat. 304, 349, 4 L. Ed. 97, 108. 

What Actions aee Eemovable. The causes which are made remov- 
able from the state to the federal courts by this section are those of which 
the district courts are given original jurisdiction by § 24 of the Judicial 
Code, ante^ which is far more comprehensive than the exclusive jurisdic- 
tion conferred by § 256, post. The right of removal, upon the ground 
that the suit was one arising under the constitution or laws of the United 
States was formerly given to either party, plaintifE or defendant by § 2 
of the Act of March 3, 1875, 18 Stat, at L. 470. Under the Act of August 
13, 1888, § 2, 25 Stat, at L. 433, the right of removal was limited to the 
defendants and to that class of suits of which the circuit courts were then 
given original jurisdiction. Caples v. Texas & P. E. Co., 67 Eed. Eep. 
9, 11 ; Tennessee v. Union & Planters' Bank, 152 U. S. 461, 38 L. Ed. 
511. The right of removal can only be exercised as provided by an act 
of congress. Gumbel v. Pitkin, 124 U. S. 153, 31 L. Ed. 374. Congress 
has the power, which it has sometimes exercised, to authorize the removal 
of causes from state courts to the United States court which could not 
have been originally brought in the latter. Mr. Justice Bradley, in a dis- 
senting opinion, has cited the illustration, under the Judiciary Act of 
1789, § 12, where a suit involving the title to land has been commenced 
in a state court between two citizens of the same state, and before the 
trial one of the parties shows by affidavit that he claims title under a 
grant from another state. Gaines v. Euentes, 92 U. S. 10, 24, 23 L. Ed. 
524, 529. On the other hand Mr. Chief Justice Fuller has said : "While 
there are cases where the courts of the United States may acquire juris- 
diction by removal from state courts when jurisdiction would not have 
attached if the suits had been originally brought therein, those are cases of 
jurisdiction over the parties and not of jurisdiction based upon the sub- 
ject-matter of the litigation." Cates v. Allen, 149 U. S. 451, 460, 37 L. 
Ed. 804, 808. Again referring to the cases over which the courts of the 
United States have jurisdiction exclusive of the courts of the several 
States when an action within the range of those defined by § 256 of the 
Judicial Code is brought in the State court and removed to the Federal 
court, the latter court acquires jurisdiction to the extent of directing the 
dismissal of the cause upon the ground that the merits were not within 
the jurisdiction of the State court, and for that reason it will not remand. 



§ 29] DISTRICT COURTS— REMOVAL OF CAUSES 63 

Auracher v. Omaha & St. L. E. Co., 102 Fed. Eep. 1. But where the 
ca?e is one of which the State court had jxirisdiction, the fact that after 
removal a defense is interposed which is based upon a Federal statute of 
which the State court could not have taken cognizance, does not 
defeat the jurisdiction of the Federal court. Lehigh Valley E. Co. v. 
Eainey, 99 Fed. Eep. 596. But allegations that a defense is intended to 
be made which is based on the constitution or a law or a treaty of the 
United States, or a State or. Federal statute in conflict with the Constitu- 
tion of the United States will not render a cause removable from the 
State court, which is not otherwise removable. "A case cannot be re- 
moved from a state court into the Circuit Court of the United States on 
the sole ground that it is one arising under the Constitution, laws, or 
treaties of the United States, unless that appears by plaintiS's statement 
of his own claim ; and if it does not so appear, the want of it cannot be 
supplied by any statement of the petition for removal or in the subsequent 
pleadings." Mr. Chief Justice Fuller, in Arkansas v. Kansas & T. Coal 
Co., 183 U. S. 185, 188, 46 L. Ed. 144, 146. When the right of removal 
based upon the Constitution or laws of the United States exists, the citi- 
zenship of the parties is immaterial. Cummings v. Chicago, 188 U. S. 410, 
426, 47 L. Ed. 525, 529. In such a case the petition for removal need not 
recite the citizenship of the parties. Lacroix v. Lyons, 27 Fed. Eep. 403. 

Waivee of Objections to Jueisdictiojst by Eemoyal. "The inhibi- 
tion found in the Act of August 13, 1888 (25 Stat, at L. 433, c. 866), 
against bringing suits in the federal court otherwise than in the district 
of which the plaintiff or the defendant is an inhabitant, when jurisdiction 
depends upon diversity of citizenship, is a privilege accorded to the de- 
fendant, which may be waived, and is waived, by a removal under the Sr^ 
cumstances above stated." Memphis Sav. Bank v. Houchens, 11^ Fed. 
Eep. 96, 102, 52 C. C. A. 176. '^^f . f.-.U^f ■ I\ ,' ; . V 

Fraudulent Joinder op Defendants to Defeat Eemoval. Where 
there are resident and non-resident defendants, the non-resident may 
show that his co-defendant was fraudulently joined with him to prevent 
removal of the cause by the non-resident defendant. Union Terminal E. 
Co. V. Chicago B. & Q. E. Co., 119 Fed. Eep. 209, 211. The burden of 
proof is upon the petitioner for removal to establish the fraudulent 
joinder. Kansas City S. B. E. Co. v. Herman, 187 U. S. 63, 47 L. 
Ed. 76. 

Sec. 29. Whenever any party entitled to remove any suit 
mentioned in the last preceding section, except suits remov- 
able on the ground of prejudice or local influence, may desire 

Jud. Code — 5 



66 THE JUDICIAL CODE [§ 29 

to remove such suit from a State court to the district court of 
the United States, he may make and file a petition, duly veri- 
fied, in such suit in such State court at the time, or any time 
before the defendant is required by the laws of the State or 
the rule of the State court in which such suit is brought to 
answer or plead to the declaration or complaint of the plaintiff, 
for the removal of such suit into the district court to be held 
in the district where such suit is pending, and shall make and 
file therewith a bond, with good and sufficient surety, for his 
or their entering in such district court, within thirty days 
from the date of filing said petition, a certified copy of the 
record in such suit, and for paying all costs that may be 
awarded by the said district court if said district court shall 
hold that such suit was wrongfully or improperly removed 
thereto, and also for their appearing and entering special 
bail in such suit if special bail was originally requisite therein. 
It shall then be the duty of the State court to accept said 
petition and bond and proceed no further in such suit. Writ- 
ten notice of said petition and bond for removal shall be 
given the adverse party or parties prior to filing the same. 
The said copy being entered within said thirty days as afore- 
said in said district court of the United States, the parties 
so removing the said cause shall, within thirty days there- 
after, plead, answer, or demur to the declaration or complaint 
in said cause, and the cause shall then proceed in the same 
manner as if it had been originally commenced in the said 
district court. 

See Act. March 3, 1875, c. 137, § 3, 18 Stat, at L. 470. Act March 3, 
1887, c. 373, § 1, 24 Stat, at L. 552. Act August 13, 1888, c. 866, § 1, 
25 Stat, at L. 433. 1 Comp. Stat. 510, 4 Fed Stat. Ann. 349, Pierce, 
Code, § 7204. 

Of the practice under the foregoing provision Judge Adams has said : 
"§ 3 of the judiciary act, supra, according to its clear import and as uni- 
formly interpreted by the Supreme Court, authorizes the removal of a 
cause from a state court to the proper federal court upon the filing of a 
petition disclosing the right to remove and the giving of the prescribed 
bond. Upon the filing of such petition it becomes a part of the record, 
and if, on the face of the record so constituted, a suit appears to be re- 



§30] DISTRICT COURTS— REMOVAL OP CAUSES 67 

movable, the state court in which the petition is filed is bound to surrender 
its Jurisdiction and proceed no further. Such a petition presents for the 
consideration of the state court a question of law only, whether, assuming 
the facts stated in the petition to be true, the face of the record discloses 
a removable cause under the law. 

"When the right of removal is made to depend upon the existence of 
certain facts, they must be taken by the state court to be true as averred 
in the petition. If it is desired to controvert such facts or any of them, 
the plaintiff must make an issue with respect to them in the federal court, 
and that issue must be tried in that court. If the state court refuses to 
make the order of removal on the showing made by the face of the record, 
the defendant may nevertheless, within a prescribed time, enter a copy 
of the record as it stood, on the filing of the petition, in the proper federal 
court- and have the cause docketed there. Thereupon the latter court is 
required to proceed in the exercise of the jurisdiction lost by the state 
court upon the filing of the petition and bond with it." Donovan v. 
Wells, Fargo & Co., 168 Fed. Eep. 363, 366, 94 C. C. A. 609. 

Sec. 30. If in any action commenced in a State court the 
title of land be concerned, and the parties are citizens of the 
same State and the matter in dispute exceeds the sum or 
value of three thousand dollars, exclusive of interest and costs, 
the sum or value being made to appear, one or more of the 
plaintiffs or defendants, before the trial, may state to the 
court, and make affidavit if the court require it, that he or they 
claim, and shall rely upon, a right or title to the land under 
a grant from a State, and produce the original grant, or an 
exemplification of it, except where the loss of public records 
shall put it out of his or their power, and shall move that 
any one or more of the adverse party inform the court whether 
he or they claim a right or title to the land under a grant 
from some other State, the party or parties so required shall 
give such information, or otherwise not be allowed to plead 
such grant or give it in evidence upon the trial. If he or they 
inform the court that he or they do claim under such grant, 
any one or more of the party moving for such information may 
then, on petition and bond, as hereinbefore mentioned in this 
chapter, remove the cause for trial to the district court of the 
United States next to be holden in such district ; and any one 
of either party removing the cause shall not be allowed to 



68 THE JUDICIAL CODE [§ 31 

plead or give evidence of any other title than that by him or 
them stated as aforesaid as the gromid of his or their claim. 

See § 647 E. S. U. S. Act of Sept. 24, 1789, c. 30, § 13, 1 Stat, at L. 
79; 1 Comp. Stat. p. 524, 4 Fed. Stat. Ann. 265. 

Sec. 31. When any civil suit or criminal prosecution is 
commenced in any State court, for any cause whatsoever, 
against any person who is denied or can not enforce in the 
judicial tribunals of the State, or in the part of the State 
where such suit or prosecution is pending, any right secured 
to him by any law providing for the equal civil rights of 
citizens of the United States, or of all persons within the 
jurisdiction of the United States, or against any officer, civil 
or military, or other person, for any arrest or imprisonment 
or other trespasses or wrongs made or committed by virtue 
of or under color of authority derived from any law providing 
for equal rights as aforesaid, or for refusing to do any act 
on the ground that it would be inconsistent with such law, 
such suit or prosecution may, upon the petition of such de- 
fendant, filed in said State court at any time before the trial 
or final hearing of the cause, stating the facts and verified 
by oath, be removed for trial into the next district court to be 
held in the district where it is pending. Upon the filing of 
such petition all further proceedings in the State courts shall 
cease, and shall not be resumed except as hereinafter pro- 
vided. But all bail and other security given in such suit or 
prosecution shall continue in like force and effect as if the 
same had proceeded to final judgment and execution in the 
State court. It shall be the duty of the clerk of the State 
court to furnish such defendant, petitioning for a removal, 
copies of said process against him, and of all pleadings, depo- 
sitions, testimony, and other proceedings in the case. If such 
copies are filed by said petitioner in the district court on the 
first day of its session, the cause shall proceed therein in the 
same manner as if it had been brought there by original 
process; and if the said clerk refuses or neglects to furnish 
such copies, the petitioner may thereupon docket the case in 
the district court, and the said court shall then have jurisdic- 
tion therein, and may, upon proof of such refusal or neglect 



|§32,33] DISTRICT COURTS— REMOVAL OF CAUSES 69 

of said clerk, and upon reasonable notice to the plaintiff, re- 
quire the plaintiff to file a declaration, petition, or complaint 
in the cause ; and, in case of his default, may order a nonsuit 
and dismiss the case at the costs of the plaintiff, and such 
dismissal shall be a bar to any further suit touching the mat- 
ter in controversy. But if, without such refusal or neglect 
of said clerk to furnish such copies and proof thereof, the 
petitioner for removal fails to file copies in the district court, 
as herein provided, a certificate, under the seal of the district 
court, stating such failure, shall be given, and upon the pro- 
duction thereof in said State court the cause shall proceed 
therein as if no petition for removal had been filed. 

Ee-enactment of § 641, E. S. U. S. 1 Comp. Stat. 520, 4 Fed. Stat. 
Ann. 258, Pierce Code § 7182. Act May 31, 1870, c. 114, §§ 16, 18, 16 
Stat, at L. 144. See Act April 9, 1866, c. 31, § 3, 14 Stat, at L. 27 ; 
Act March 3, 1863, c. 81, § 5, 12 Stat, at L. 756; Act May 11, 1866, 
e. 80, §§ 3, 5, 14 Stat, at L. 46. 

Sec. 32. When all the acts necessary for the removal of 
any suit or prosecution, as provided in the preceding section, 
have been performed, and the defendant petitioning for such 
removal is in actual custody on process issued by said State 
court, it shall be the duty of the clerk of said district court 
to issue a writ of habeas corpus cum causa, and of the marshal, 
by virtue of said writ, to take the body of the defendant into 
his custody, to be dealt with in said district court according 
to law and the orders of said court, or, in vacation, of any 
judge thereof; and the marshal shall file with or deliver to 
the clerk of said State court a duplicate copy of said writ. 

Ee-enactment of § 642, E. S. U. S. 1 Comp. St. p. 521, 4 Fed. Stat. 
Ann. p. 260, Pierce Code § 7183. Act Feb. 5, 1867, c. 27, 14 Stat, at L. 
385. See Act March 3, 1863, c. 81, § 5, 13 Stat, at L. 756; Act May 
11, 1866, c. 80, §§ 3, 5, 14 Stat, at L. 46; Act April 9, 1866, c. 31, § 3, 
14 Stat, at L. 37. 

Sec. 33. When any civil suit or criminal prosecution is 
commenced in any court of a State against any officer ap- 
pointed under or acting by authority of any revenue law of 
the United States now or hereafter enacted, or against any 
person acting under or by authority of any such officer, on 



70 THE JUDICIAL CODE [§ 33 

account of any act done under color of his office or of any 
such law, or on account of any right, title, or authority 
claimed by such officer or other person under any such law; 
or is commenced against any person holding property or 
estate by title derived from any such officer, and affects the 
validity of any such revenue law; or when any suit is com- 
menced against any person for on account of anything done 
by him while an officer of either House of Congress in the 
discharge of his official duty, in executing any order of such 
House, the said suit or prosecution may, at any time before 
the trial or final hearing thereof, be removed for trial into 
the district court next to be holden in the district where the 
same is pending, upon the petition of such defendant to said 
district court, and in the following manner: Said petition 
shall set forth the nature of the suit or prosecution and be 
verified by affidavit, and, together with a certificate signed by 
an attorney or counselor at law of some court of record of 
the State where such suit or prosecution is commenced, or of 
the United States, stating that, as counsel for the petitioner, 
he has examined the proceedings against him and carefully 
inquired into all the matters set forth in the petition, and 
that he believes them to be true, shall be presented to the said 
district court, if in session, or if it be not, to the clerk thereof 
at his office, and shall be filed in said office. The cause shall 
thereupon be entered on the docket of the district court, and 
shall proceed as a cause originally commenced in that court; 
but all bail and other security given upon such suit or prosecu- 
tion shall continue in like force and effect asif the same had 
proceeded to final judgment and execution in the State court. 
When the suit is commenced in the State court by summons, 
subpoena, petition, or other process except capias, the clerk 
of the district court shall issue a writ of certiorari to the 
State court, requiring it to send to the district court the record 
and proceedings in the cause. "When it is commenced by 
capias or by any other similar form or proceeding by which 
a personal arrest is ordered, he shall issue a writ of habeas 
corpus cum causa, a duplicate of which shall be delivered to 
the clerk of the State court, or left at his office, by the marshal 



§34] DISTRICT COURTS— REMOVAL OF CAUSES 71 

of the district or his deputy, or by some person duly author- 
ized thereto ; and thereupon it shall be the duty of the State 
court to stay all further proceedings in the cause, and the 
suit or prosecution, upon delivery of such process, or leaving 
the same as aforesaid, shall be held to be removed to the 
district court, and any further proceedings, trial, or judg- 
ment therein in the State court shall be void. If the defend- 
ant in the suit or prosecution be in actual custody on mesne 
process therein, it shall be the duty of the marshal, by virtue 
of the writ of habeas corpus cum causa, to take the body of 
the defendant into his custody, to be dealt with in the cause 
according to law and the order of the district court, or, in 
vacation, of any judge thereof; and if, upon the removal 
of such suit or prosecution, it is made to appear to the dis- 
trict court that no copy of the record and proceedings therein 
in the State court can be obtained, the district court may al- 
low and require the plaintiff to proceed de novo and to file 
a declaration of his cause of action, and the parties may 
thereupon proceed as in actions originally brought in said 
district court. On failure of the plaintiff so to proceed, judg- 
ment of non prosequitur may be rendered against him, with 
costs for the defendant. 

Superseding § 643, E. S. F. S., 1 Comp. Stat. p. 520, 4 Fed. Stat. Ann. 
p. 260, Pierce Code § 7184. See Act May 31, 1870, c. 114, §§ 16, 18, 16 
Stat, at L. 144; Act April 9, 1866, c. 31, §3, 14 Stat at L. 27; Act 
March 3, 1863, c. 81, § 5, 12 Stat, at L. 7^6; Act May 11, 1866, e. 80, 
§§ 3, 5, 14 Stat, at L. 46. 

Sec. 34. Whenever a personal action has been or shall be 
brought in any State court by an alien against any citizen 
of a State who is, or at the time the alleged action accrued 
was, a civil officer of the United States, being a non-resident 
of that State wherein jurisdiction is obtained by the State 
court, by personal service of process, such action may be re- 
moved into the district court of the United States in and for 
the district in which the defendant shall have been served 
with the process, in the same manner as now provided for 
the removal of an action brought in a State court by the 
provisions of the preceding section. 



pj-g THE JUDICIAL CODE [§§35,36 

Superseding § 644, E. S. U. S. 1 Comp. Stat. p. 533, 4 Fed. Stat. Ann. 
p. 2G4, Pierce Code, § 7185. See Act March 30, 1873, c. 73, 17 Stat, at 
L. 44. 

Sec. 35. In any case where a party is entitled to copies of 
the records and proceedings in any suit or prosecution in a 
State court, to be used in any court of the United States, if 
the clerk of said State court, upon demand, and the payment 
or tender of the legal fees, refuses or neglects to deliver to 
him certified copies of such records and proceedings, the 
court of the United States in which such records and pro- 
ceedings are needed may, on proof by affidavit that the clerk 
of said State court has refused or neglected to deliver copies 
thereof, on demand as aforesaid, direct such record to be sup- 
plied by affidavit or otherwise, as the circumstances of the 
case may require and allow; and thereupon such proceeding, 
trial, and judgment may be had in the said court of the United 
States, and all such processes awarded, as if certified copies 
of such records and proceedings had been regularly before 
the said court. 

Ee-enacting § 645 E. S. U. S., 1 Comp. Stat. p. 523, 4 Fed. Stat. Ann. 
p. 264, Pierce Code, § 7186. See Act March 3, 1833, c. 57, § 4, 4 Stat. 
L. 634; Act Feb. 38, 1871, c. 99, § 17, 16 Stat, at L. 439. 

Sec. 36. When any suit shall be removed from a State 
court to a district court of the United States, any attachment 
or sequestration of the goods or estate of the defendant had 
in such suit in the State court shall hold the goods or estate 
so attached or sequestered to answer the final judgment or 
decree in the same manner as by law they would have been 
held to answer final judgment or decree had it been rendered 
by the court in which said suit was commenced. All bonds, 
imdertakings, or security given by either party in such suit 
prior to its removal shall remain valid and effectual notwith- 
standing said removal ; and all injunctions, orders, and other 
proceedings had in such suit prior to its removal shall re- 
main in full force and effect until dissolved or modified by 
the court to which such suit shall be removed. 

Superseding § 646, E. S. U. S., 1 Comp. Stat. p. 533, 4 Fed. Stat. 
Ann. p. 264, Pierce, Code § 7187. 



§§ 37, 39] DISTRICT COURTS— REMOVAL OF CAUSES 73 

Sec. 37. If in any suit commenced in a district court, or 
removed from a State court to a district court of the United 
States, it shall appear to the satisfaction of the said district 
court, at any time after such suit has been brought or removed 
thereto, that such suit does not really and substantially in- 
volve a dispute or controversy properly within the jurisdic- 
tion of said district court, or that the parties to said suit have 
been improperly or coUusively made or joined, either as plain- 
tiffs or defendants, for the purpose of creating a case cog- 
nizable or removable under this chapter, the said district 
court shall proceed no further therein, but shall dismiss the 
suit or remand it to the court from which it was removed, 
as justice may require, and shall make such order as to costs 
as shall be just. 

Superseding Act of March 3, 1875, c. 137, § 5, 18 Stat, at L. 473. 
1 Comp. Stat. p. 511, 4 Fed. Stat. Ann. p. 371, Pierce, Code § 7206. 

Sec. 38. The district court of the United States shall, in 
all suits removed under the provisions of this chapter, pro- 
ceed therein as if the suit had been originally commenced in 
said district court, and the same proceedings had been taken 
in such suit in said district court as shall have been had 
therein in said State court prior to its removal. 

Superseding Act of March 3, 1875, c. 137, § 6, 18 Stat, at L. 473. 
1 Comp. Stat. p. 512, 4 Fed. Stat. Ann. p. 378, Pierce, Code § 7207. 

Sec. 39. In all causes removable under this chapter, if the 
clerk of the State court in which any such cause shall be 
pending shall refuse to any one or more of the parties or per- 
sons applying to remove the same, a copy of the record there- 
in, after tender of legal fees for such copy, said clerk so of- 
fending shall, on conviction thereof in the district court of 
the United States to which said action or proceeding was re- 
moved, be fined not more than one thousand dollars, or im- 
prisoned not more than one year, or both. The district court 
to which any cause shall be removable under this chapter 
shall have power to issue a writ of certiorari to said State 
court commanding said State court to make return of the 
record in any such cause removed as aforesaid, or in which 



ij-^ THE JUDICIAL CODE [§ 39 

any one or more of the plaintiffs or defendants have complied 
with the provisions of this chapter for the removal of the 
same, and enforce said writ according to law. If it shall be 
impossible for the parties or persons removing any cause 
under this chapter, or complying with the provisions for the 
removal thereof, to obtain such copy, for the reason that the 
clerk of said State court refuses to furnish a copy, on payment 
of legal fees, or for any other reason, the district court shall 
make an order requiring the prosecutor in any such action 
or proceeding to enforce forfeiture or recover penalty, as 
aforesaid, to file a copy of the paper or proceeding by which 
the same was commenced, within such time as the court may 
determine; and in default thereof the court shall dismiss the 
said action or proceeding; but if said order shall be com- 
plied with, then said district court shall require the other 
party to plead, and said action or proceeding shall proceed 
to final judgment. The said district court may make an order 
requiring the parties thereto to plead de novo ; and the bond 
given, conditioned as aforesaid, shall be discharged so far as 
it requires copy of the record to be filed as aforesaid. 

Superseding Act of March 3, 1875, c. 137, § 7, 18 Stat, at L. 473, 1 
Comp. Stat. p. 513, 4 Fed. Stat. Ann. p. 378, Pierce, Code § 7308. 



Chapter Fotje. 



DISTEICT COURTS MISCELLANEOUS PROVISIONS. 



40. Capital cases; where triable. 

41. Offenses on the high seas, etc., 

where triable. 

42. Offenses begun in one district and 

completed in another. 

43. Suits for penalties and forfeitures, 

where brought. 

44. Suits for internal-revenue taxes, 

where brought. 

45. Seizures, where cognizable. 

46. Capture of insurrectionary prop- 

erty, where cognizable. 

47. Certain seizures cognizable in any 

district into which the property 
is taken. 

48. Jurisdiction in patent cases. 

49. Proceedings to enjoin Comptroller 

of the Currency. 

50. When a part of several defend- 

ants can not be served. 

51. Civil suits; where to be brought. 

52. Suits in States containing more 

than one district. 
Districts containing more than one 

division; where suit to be 

brought; transfer of criminal 

cases. 
Suits of a local nature, where to be 

brought. 

55. When property lies in different 

districts in same State. 

56. When property lies in different 

States in same circuit; jurisdic- 



Sec. 



53. 



54 



tion of receiver. 

57. Absent defendants in suits to en- 

force aliens, remove clouds on 
titles, etc. 

58. Civil causes may be transferred to 

another division of district by 
agreement. 

59. Upon creation of new district or 

division, where prosecution to be 
instituted or action brought. 

60. Creation of new district, or trans- 

fer of territory not to divest 
lien; how lien to be enforced. 

61. Commissioners to administer oaths 

to appraisers. 

62. Transfer of records to district 

court when a Territory becomes 
a State. 

63. District judge shall demand and 

compel delivery of records of ter- 
ritorial court. 

64. Jurisdiction of district court in 

eases transferred from territorial 
courts. 

65. Eeceivers to manage property ac- 

cording to State laws. 

66. Suits against receiver. 

67. Certain persons not to be ap- 

pointed or employed as officers 
of courts. 

68. Certain persons not to be masters 

or receivers. 



Sec 40. The trial of offenses punishable with death shall 
be had in the county where the offense was committed, where 
that can be done without great inconvenience. 

§ 40] 75 



76 THE JUDICIAL CODE [§§41,45 

Ee-enacting § 739, E. S. U. S., 1 Comp. Stat. p. 585, 2 Fed. Stat. Ann. 
354, Pierce, Code § 7365. 

Sec. 41. The trial of all offenses committed upon the high 
seas, or elsewhere out of the jurisdiction of any particular 
State or district, shall be in the district where the offender is 
found, or into which he is first brought. 

Ee-enactment of § 730, E. S. U. S., 1 Comp. Stat. p. 585, 2 Fed. Stat. 
Ann. 345, Pierce, Code § 7366. 

Sec. 42. When any offense against the United States is 
begun in one judicial district and completed in another, it shall 
be deemed to have been committed in either, and may be 
dealt with, inquired of, tried, determined, and punished in 
either district, in the same manner as if it had been actually 
and wholly committed therein. 

Ee-enactment of § 731, E. S. U. S., 1 Comp. Stat. p. 585, 2 Fed. Stat. 
Ann. 347, Pierce, Code, § 7367. 

Sec. 43. All pecuniary penalties and forfeitures may be 
sued for and recovered either in the district where they accrue 
or in the district where the offender is found. 

Ee-enactment of § 732, E. S. U. S., 1 Comp. Stat. p. 585, 3 Fed. Stat. 
Ann. 94, Pierce, Code, § 7368. 

Sec. 44. Taxes accruing under any law providing internal 
revenue may be sued for and recovered either in the district 
where the liability for such tax occurs or in the district where 
the delinquent resides. 

Ee-enacting § 733, E. S. U. S., 1 Comp. Stat. p. 586, 3 Fed. Stat. Ann. 
595, Pierce, Code, § 7369. 

Sec. 45. Proceedings on seizures made on the high seas, 
for forfeiture under any law of the United States, may be 
prosecuted in any district into which the property so seized 
is brought and proceedings instituted. Proceedings on such 
seizures made within any district shall be prosecuted in the 
district where the seizure is made, except in cases where it is 
otherwise provided. 

Superseding § 734, E. S. U. S., 1 Comp. Stat. 586, 3 Fed. Stat. Ann. 
p. 95, Pierce, Code, § 7370. 



§§52,53] DISTRICT COURTS— MISCELLANEOUS PROVISIONS 77 

Sec. 46. Proceedings for the condemnation of any prop- 
erty captured, whether on the high seas or elsewhere out of 
the limits of any judicial district, or within any district, on 
account of its being purchased or acquired, sold or given, with 
intent to use or employ the same, or to suffer it to be used 
or employed, in aiding, abetting, or promoting any insurrec- 
tion against the Government of the United States, or know- 
ingly so used or employed by the owner thereof, or with his 
consent, may be prosecuted in any district where the same 
may be seized, or into which it may be taken and proceedings 
first instituted. 

Ee-enacting § 735, E. S. U. S., 1 Comp. Stat. p. 586, 6 Ped. Stat. Ann. 
p. 70, Pierce, Code, § 7371. 

Sec. 47. Proceedings on seizures for forfeiture of any 
vessel or cargo entering any port of entry which has been 
closed by the President in pursuance of law, or of goods and 
chattels coming from a State or section declared by proclama- 
tion of the President to be in insurrection into other parts of 
the United States, or of any vessel or vehicle conveying such 
property, or conveying persons to or from such State or 
section, or of any vessel belonging, in whole or in part, to any 
inhabitant of such State or section, may be prosecuted in any 
district into which the property so seized may be taken and 
proceedings instituted; and the district court thereof shall 
have as full jurisdiction over such proceedings as if the 
seizure was made in that district. 

Ee-enacting § 564, E. S. TJ. S. 1 Comp. Stat. 460, 4 Fed. Stat. Ann. 
236, Pierce, Code, § 7024. 

Sec. 48. In suits brought for the infringement of letters 
patent the district courts of the United States shall have jur- 
isdiction, in law or in equity, in the district of which the de- 
fendant is an inhabitant, or in any district in which the de- 
fendant, whether a person, partnership, or corporation, shall 
have committed acts of infringement and have a regular and 
established place of business. If such suit is brought in a 
district of which the defendant is not an inhabitant, but in 
which such defendant has a regular and established place of 



78 THE JUDICIAL CODE [§§49,51 

business, service of process, summons, or subpoena upon the 
defendant may be made by service upon the agent or agents 
engaged in conducting such business in the district in which 
suit is brought. 

Ee-enacting Act of March 3, 1897, c. 395, 39 Stat. At L. 695. 1 Comp. 
Stat. p. 589, 5 Fed. Stat. Ann., p. 566, Pierce, Code § 7197. See Hop- 
kins on Patents, § 324. 

Sec. 49. All proceedings by any national banking asso- 
ciation to enjoin the Comptroller of the Currency, under the 
provisions of any law relating to national banking associa- 
tions, shall be had in the district where such association is 
located. 

Superseding § 639, E. S. U. S., par. 11. 1 Comp. Stat. p. 505, 4 Fed. 
Stat. Ann. p. 345, Pierce, Code, § 7173. 

Sec. 50. When there are several defendants in any suit 
at law or in equity, and one or more of them are neither in- 
habitants of nor found within the district in which the suit 
is brought, and do not voluntarily appear, the court may 
entertain jurisdiction, and proceed to the trial and adjudica- 
tion of the suit between the parties who are properly before 
it; but the judgment or decree rendered therein shall not 
conclude or prejudice other parties not regularly served with 
process nor voluntarily appearing to answer ; and non-joinder 
of parties who are not inhabitants of nor found within the 
district, as aforesaid, shall not constitute matter of abatement 
or objection to the suit. 

Ee-enacting § 737, E. S. U. S. 1 Comp. Stat. p. 587, 4 Fed. Stat. 
Ann. p. 553, Pierce, Code, § 7373. 

Sec. 51. Except as provided in the five succeeding sec- 
tions, no person shall be arrested in one district for trial in 
another, in any civil action before a district court; and, except 
as provided in the six succeeding sections, no civil suit shall 
be brought in any district court against any person by any 
original process or proceeding in any other district than that 
whereof he is an inhabitant; but where the jurisdiction is 
founded only on the fact that the action is between citizens 



§§52,53] DISTRICT COURTS— MISCELLANEOUS PROVISIONS 79 

of different States, suit sliall be brought only in the district 
of the residence of either the plaintiff or the defendant. 

Superseding Act of March 3, 1875, c. 137, § 1, 18 Stat, at L. 470. 
1 Comp. Stat. 507, i Fed. Stat. Ann. 265, Pierce, Code, § 7202. 

Sec. 52. "When a State contains more than one district, 
every suit not of a local nature, in the district court thereof, 
against a single defendant, inhabitant of such State, must be 
brought in the district where he resides ; but if there are two 
or more defendants, residing in different districts of the State, 
it may be brought in either district, and a duplicate writ may 
be issued against the defendants, directed to the marshal of 
any other district in which any defendant resides. The clerk 
issuing the duplicate writ shall indorse thereon that it is a 
true copy of a writ sued out of the court of the proper dis- 
trict; and such original and duplicate writs, when executed 
and returned into the office from which they issue, shall con- 
stitute and be proceeded on as one suit ; and upon any judg- 
ment or decree rendered therein, execution may be issued, 
directed to the marshal of any district in the same State. 

Ee-enaeting § 740, E. S. U. S. 1 Comp. Stat. p. 587, 4 Fed. Stat. 
Ann. 554, Pierce, Code, § 7374. 

Sec. 53. When a district contains more than one division, 
every suit not of a local nature against a single defendant 
must be brought in the division where he resides ; but if there 
are two or more defendants residing in different divisions of 
the district it may be brought in either division. All mesne 
and final process subject to the provisions of this section may 
be served and executed in any or all of the divisions of the 
district, or if the State contains more than one district, then 
in any of such districts, as provided in the preceding section. 
All prosecutions for crimes or offenses shall be had within 
the division of such districts where the same were committed, 
unless the court, or the judge thereof, upon the application 
of the defendant, shall order the cause to be transferred for 
prosecution to another division of the district. When a trans- 
fer is ordered by the court or judge, all the papers in the 
case, or certified copies thereof, shall be transmitted by the. 



80 THE JUDICIAL. CODE [§54,56 

clerk, under the seal of the court, to the division to which the 
cause is so ordered transferred ; and thereupon the cause shall 
be proceeded with in said division in the same manner as if the 
offense had been committed therein. In all cases of the re- 
moval of suits from the courts of a State to the district court 
of the United States such removal shall be to the United 
States district court in the division in which the county is 
situated from which the removal is made ; and the time within 
which the removal shall be perfected, in so far as it refers 
to or is regulated by the terms of United States courts, shall 
be deemed to refer to the terms of the United States district 
court in such division. 

This section supersedes a mimber of previous sections applicable to 
particular divided districts. California, Act of May 39, 1900, c. 594, § 7, 
31 Stat, at L. 220, 1 Comp. Stat. p. 328; Georgia, Act of Jan. 29, 1880, 
c. 17, § 7, 21 Stat, at L. 63, 1 Comp. Stat. p. 33, and Act Feb. 28, 1901, 
c. 621, §§ 3, 4, 31 Stat, at L. 818, 1 Comp. Stat. p. 341, are examples. 

Sec. 54. In suits of a local nature, where the defendant 
resides in a different district, in the same State, from that 
in which the suit is brought, the plaintiff may have original 
and final process against him, directed to the marshal of the 
district in which he resides. 

Ee-enacting § 741, E. S. U. S., 1 Comp. Stat. p. 588 ; 4 Fed. Stat. Ann. 
p. 555; Pierce, Code, §7375. 

Sec. 55. Any suit of a local nature, at law or in equity, 
where the land or other subject-matter of a fixed character 
lies partly in one district and partly in another, within the 
same State, may be brought in the district court of either 
district ; and the court in which it is brought shall have juris- 
diction to hear and decide it, and to cause mesne or final 
process to be issued and executed, as fully as if the said 
subject-matter were wholly within the district for which such 
court is constituted. 

Ee-enacting § 742, E. S. U. S. 1 Comp. Stat. p. 588 ; 4 Fed. Stat. 
Ann. 555; Pierce, Code, § 7376. 

Sec. 56. Where in any suit in which a receiver shall be ap- 
pointed the land or other property of a fixed character, the 



! 57] DISTRICT COURTS— MISCELLANEOUS PROVISIONS 81 

subject of the suit, lies within different States in tlie same 
judicial circuit, the receiver so appointed shall, upon giving 
bond as required by the court, immediately be vested with full 
jurisdiction and control over all the property, the subject of 
the suit, lying or being within such circuit ; subject, however, 
to the disapproval of such order, within thirty days there- 
after, by the circuit court of appeals for such circuit, or by a 
circuit judge thereof, after reasonable notice to adverse parties 
and an opportunity to be heard upon the motion for such dis- 
approval; and subject, also, to the tiling and entering in the 
district court for each district of the circuit in which any por- 
tion of the property may lie or be, within ten days thereafter, 
of a duly certified copy of the bill and of the order of ap- 
pointment. The disapproval of such appointment within such 
thirty days, or the failure to file such certified copy of the 
bill and order of appointment within ten days, as herein re- 
quired, shall divest such receiver of jurisdiction over all 
such property except that portion thereof lying or being 
within the State in which the suit is brought. In any case 
coming within the provisions of this section, in which a re- 
ceiver shall be appointed, process may issue and be executed 
within any district of the circuit in the same manner and to 
the same extent as if the property were wholly within the 
same district; but orders affecting such property shall be 
entered of record in each district in which the property af- 
fected may lie or be. 

A new section, framed to overcome the objections of Judge Pardee of 
the Fifth Circuit, and other eminent jurists, to the Judicial Code as 
originally drafted; in railroad receiverships, particularly, the importance 
of avoiding disputes as to ancillary appointments rendered this provision 
necessary, and it is admirably framed to secure the desired result. 

Sec. 57. When in any suit commenced in any district court 
of the United States to enforce any legal or equitable lien 
upon or claim to, or to remove any incumbrance or lien or, 
cloud upon the title to real or personal property within the 
district where such suit is brought, one or more of the de- 
fendants therein shall not be an inhabitant of or found within 
tlie said district, or shall not voluntarily appear thereto, it 

Jud. Code — 6 



'S, 



\ 



82 THE JUDICIAL CODE [§ 57 

shall be lawful for tlie conrt to make an order directing such 
absent defendant or defendants to appear, plead, answer, 
or demur by a day certain to be designated, which order shall 
be served on such absent defendant or defendants, if prac- 
ticable, wherever found, and also upon the person or persons 
in possession or charge of said property, if any there be ; or 
where such personal service upon such absent defendant or 
defendants is not practicable, such order shall be published 
in such manner as the court may direct, not less than once a 
week for six consecutive weeks. In case such absent defendant 
shall not appear, plead, answer, or demur within the time so 
limited, or within some further time, to be allowed by the 
court, in its discretion, and upon proof of the service or pub- 
lication of said order and of the performance of the directions 
contained in the same, it shall be lawful for the court to enter- 
tain jurisdiction, and proceed to the hearing, and adjudication 
of such suit in the same manner as if such absent defendant 
had been served with process within the said district ; but said 
adjudication shall, as regards said absent defendant or de- 
fendants without appearance, affect only the property which 
shall have been the subject of the suit and under the jurisdic- 
tion of the court therein, within such district ; and when a part 
of the said real or personal property against which such pro- 
ceedings shall be taken shall be within another district, but 
within the same State, such suit may be brought in either dis- 
trict in said State : Provided, hoivever, That any defendant or 
defendants not actually personally notified as above provided 
may, at any time within one year after final judgment in any 
suit mentioned in this section, enter his appearance in said 
suit in said district court, and thereupon the said court shall 
make an order setting aside the judgment therein and per- 
mitting said defendant or defendants to plead therein on pay- 
ment by him or them of such costs as the court shall deem 
just ; and thereupon said suit shall be proceeded with to final 
judgment according to law. 

Superseding Act of March 3, 1875, c. 137, § 8, 18 Stat, at L. 472 ; 
1 Comp. Stat. p. 513; 4 Fed. Stat. Ann. 380; Pierce, Code, § 7209. 



§§58,59] DISTRICT COUETS— MISCELLANEOUS PROVISIONS 83 

Sec. 58. Any civil cause, at law or in equity, may, on writ- 
ten stipulation of the parties or of their attorneys of record 
signed and filed with the papers in the case, in vacation or in 
term, and on the written order of the judge signed and filed 
in the case in vacation or on the order of the court duly en- 
tered of record in term, be transferred to the court of any 
other division of the same district, without regard to the resi- 
dence of the defendants, for trial. When a cause shall be 
ordered to be transferred to a court in any other division, it 
shall be the duty of the clerk of the court from which the trans- 
fer is made to carefully transmit to the clerk of the court to 
which the transfer is made the entire file of papers in the cause 
and all documents and deposits in his court pertaining there- 
to, together with a certified transcript of the records of all 
orders, interlocutory decrees, or other entries in the cause; 
and he shall certify, under the seal of the court, that the papers 
sent are all which are on file in said court belonging to the 
cause ; for the performance of which duties said clerk so trans- 
mitting and certifying shall receive the same fees as are 
now allowed by law for similar services, to be taxed in the bill 
of costs, and regularly collected with the other costs in the 
cause; and such transcript, when so certified and received, 
shall henceforth constitute a part of the record of the cause 
in the court to which the transfer shall be made. The clerk 
receiving such transcript and original papers shall file the 
same and the case shall then proceed to final disposition as 
other cases of a like nature. 

As to the transfer of cases in bankruptcy, see Act of July 1, 1898, 
§ 32, c. 541, 30 Stat, at L. 554, 3 Comp. Stat. p. 3434. 

Sec. 59. Whenever any new district or division has been 
or shall be established, or any county or territory has been 
or shall be transferred from one district or division to an- 
other district or division, prosecutions for crimes and offenses 
committed within such district, division, county, or territory 
prior to such transfer, shall be commenced and proceeded with 
the same as if such new district or division had not been 
created, or such county or territory had not been transferred, 



84 THE JUDICIAL CODE [§ 60 

■unless the court, upon the application of the defendant, shall 
order the cause to be removed to the new district or division 
for trial. Civil actions pending at the time of the creation of 
any such district or division, or the transfer of any such 
county or territory, and arising within the district or division ' 
so created or the county or territory so transferred, shall be 
tried in the district or division as it existed at the time of the 
institution of the action, or in the district or division so cre- 
ated, or to which the county or territory is or shall be so trans- 
ferred, as may be agreed upon by the parties, or as the court 
shall direct. The transfer of such prosecutions and actions 
shall be made in the manner provided in the section last pre- 
ceding. 

Compare the special Act relating to the creation of the Southern Dis- 
trict of California, Act of August 5, 1886, c. 928, §§ 4, 5, 25 Stat, at L. 
309. 

Sec. 60; The creation of a new district or division, or the 
transfer of any county or territory from one district or divi- 
sion to another district or division, shall not affect or divest 
any lien theretofore acquired in the circuit or district court by 
virtue of a decree, judgment, execution, attachment, seizure, 
or otherwise, upon property situated or being within the dis- 
trict or division so created, or the county or territory so trans- 
ferred. To enforce any such lien, the clerk of the court in 
which the same is acquired, upon the request and at the cost 
of the party desiring the same, shall make a true and certified 
copy of the record thereof, which, when so made and certified, 
and filed in the proper court of the district or division in 
which such property is situated or shall be, after such transfer, 
shall constitute the record of such lien in such court, and 
shall be evidence in all courts and places equally with the 
original thereof; and thereafter like proceedings shall be had 
thereon, and with the same effect, as though the cause or pro- 
ceeding had been originally instituted in such court. The 
provisions of this section shall apply not only in all cases 
where a district or division is created, or a county or any ter- 
ritory is transferred by this or any future Act, but also in all 
cases where a district or division has been created, or a county 



§§61,64] DISTRICT COURTS— MISCELLANEOUS PROVISIONS 85 

or any territory has been transferred by any law heretofore 
enacted. 

See Act Aug. 5, 1886, c. 928, § 6, 24 Stat, at L. 309. 

Sec. 61. Any district judge may appoint commissioners, 
before whom appraisers of vessels -or goods and merchandise 
seized for breaches of any law of the United States, may be 
sworn; and such oaths, so taken, shall be as effectual as if 
taken before the judge in open court. 

Ee-enaeting § 570, E. S. U. S. 1 Comp. Stat. 463 ; 4 Fed. Stat. Ann. 
p. 79 ; Pierce, Code, § 7030. 

Sec. 62. When any Territory is admitted as a State, and 
a district court is established therein, all the records of the 
proceedings in the several cases pending ia the highest court 
of said Territory at the time of such admission, and all records 
of the proceedings in the several cases in which judgments or 
decrees had been rendered in said territorial court before that 
time, and from which writs of error could have been sued out 
or appeals could have been taken, or from which writs of error 
had been sued out or appeals had been taken and prosecuted 
to the Supreme Court or to the circuit court of appeals, shall 
be transferred to and deposited in the district court for the 
said State. 

Superseding § 567, E. S. U. S. ; 1 Comp. Stat. p. 462 ; 4 Fed. Stat. 
Ann. p. 237; Pierce Code § 7027. 

Sec. 63. It shall be the duty of the district judge, in the 
case provided in the preceding section, to demand of the clerk, 
or other person having possession or custody of the records 
therein mentioned, the delivery thereof, to be deposited in said 
district court ; and in case of the refusal of such clerk or per- 
son to comply with such demand, the said district judge shall 
compel the delivery of such records by attachment or other- 
wise, according to law. 

Superseding § 568, E. S. U. S.; 1 Comp. Stat. p. 462; 4 Fed. Stat. 
Ann. p. 238 ; Pierce Code § 7028. 

Sec, 64. When any Territory is admitted as a State, and 
a district court is established therein, the said district court 



86 THE JUDICIAL CODE [§§65,66 

stall take cognizance of all cases which were pending and un- 
determined in the trial courts of such Territory, from the 
judgments or decrees to be rendered in which writs of error 
could have been sued out or appeals taken to the Supreme 
Court or to the circuit court of appeals, and shall proceed to 
hear and determine the same. 

Superseding § 569, E. S. U. S.; 1 Comp. Stat. p. 462; 4 Fed. Stat. 
Ann. p. 338 ; Pierce, Code, § 7029. 

Sec. 65. Whenever in any cause pending in any court of 
the United States there shall be a receiver or manager in pos- 
session of any property, such receiver or manager shall man- 
age and operate such property according to the requirements 
of the valid laws of the State in which such property shall be 
situated, in the same manner that the owner or possessor 
thereof would be bound to do if in possession thereof. Any 
receiver or manager who shall willfully violate any provision 
of this section shall be fined not more than three thousand 
dollars, or imprisoned not more than one year, or both. 

Superseding § 2, Act of March 3, 1887, c. 373, 24 Stat, at L. 554, as 
amended, 25 Stat, at L. 436; 1 Comp. Stat. 582; 4 Fed. Stat. Ann. 
p. 386 ; Pierce, Code § 7212. 

Sec. 66. Every receiver or manager of any property ap- 
pointed by any court of the United States may be sued in 
respect of any act or transaction of his in carrying on the 
business connected with such property, without the previous 
leave of the court in which such receiver or manager was ap- 
pointed; but such suit shall be subject to the general equity 
jurisdiction of the court in which such manager or receiver 
was appointed so far as the same may be necessary to the ends 
of justice. 

Superseding § 3, Act of March 3, 1887, e. 373, 24 Stat, at L. 554, as 
amended, 25 Stat, at L. 436; 1 Comp. Stat. p. 582; 4 Fed. Stat. Ann. 
p. 387; Pierce, Code §7213. 

That this provision "was intended ... to place receivers upon 
the same plane with railway companies, both as respects their liability 
to be sued for acts done while operating a railroad and as respects the 



§§67,68] DISTRICT COURTS— MISCELLANEOUS PROVISIONS 87 

mode of obtaining service," see opinion of Thayer, J., in Eddy v. 
Lafayette, 49 Fed. Eep. 807, 809. 

Sec. 67. No person shall be appointed to or employed in 
any office or duty in any court who is related by affinity or 
consanguinity within the degree of first cousin to the judge 
of such court. 

Superseding § 7, Act of March 3, 1887, c. 373, 24 Stat, at L. 555, as 
amended, 25 Stat, at L. 437, 1 Comp. Stat. p. 579, 4 Fed. Stat. Ann. 
p. 69. 

The question of the eligibility of an officer under this section must be 
raised directly, and cannot be made the subject of collateral attack. 
Seaman v. Northwestern Mutual Life Ins. Co., 86 Fed. Eep. 493, 496, 
30 C. C. A. 212. 

Sec. 68. No clerk of a district court of the United States 
or his deputy shall be appointed a receiver or master in any 
case, except where the judge of said court shall determine 
that special reasons exist therefor, to be assigned in the order 
of appointment. 

Superseding § 750, E. S. U. S.; 1 Comp. Stat. p. 591; 4 Fed. Stat. 
Ann. 81 ; Pierce Code § 236. 

That consent of the parties is a sufficient reason for an appointment 
otherwise prohibited by this section, see Fischer v. Hayes, 22 Fed. 
Eep. 92. 



Chaptee Five. 

district courts districts, and provisions applicable to 

particular states. 



See. 

69. Judicial districts. 

70. Alabama. 

71. Arkansas. 

72. California. 

73. Colorado. 

74. Connecticut. 

75. Delaware. 

76. Florida. 

77. Georgia. 

78. Idaho. 

79. Illinois. 

80. Indiana. 

81. Iowa. 

82. Kansas. 

83. Kentucky. 

84. Louisiana. 

85. Maine. 

86. Maryland. 

87. Massachusetts. 

88. Michigan. 

89. Minnesota. 

90. Mississippi. 

91. Missouri. 



Sec. 

92. Montana. 

93. Nebraska. 

94. Nevada. 

95. New Hampshire. 

96. New Jersey. 

97. New York. 

98. North Carolina. 

99. North Dakota. 

100. Ohio. 

101. Oklahoma. 

102. Oregon. 

103. Pennsylvania. 

104. Rhode Island. 

105. South Carolina. 

106. South Dakota. 

107. Tennessee. 

108. Texas. 

109. Utah. 

110. Vermont. 

111. Virginia. 

112. Washington. 

113. West Virginia. 

114. Wisconsin. 

115. Wyoming. 



Sec. 69. The United States are divided into judicial districts, as 
follows : 

(See §§ 530, 549, E. S. IT. S. 4 Fed. Stat. Ann. p. 216, 1 Comp. Stat, 
p. 316, Pierce, Code § 6474. 

When a judicial district consists of a State, or is bounded by the 
boundary lines of the State, any alteration of the boundary line will 
carry with it the boundary of the district. In the Matter of the Devoe 
Mfg. Co., 108 U. S. 401, 27 L. Ed. 764. But a change of county boun- 
daries or the creation of new counties by the State will not change the 
boundaries of the judicial district defined by county lines in an Act of 
§ 69] 89 



90 THE JUDICIAL CODE [§ 70 

Congress. Hyde v. Victoria Land Co., 135 Fed. Rep. 971. The territorial 
limits of a state bounding on the ocean, for the purpose of fixing the 
territory of a Federal judicial district, do not include that portion of 
the sea adjacent to the shore which is under the control of the littoral 
owner. The Hungaria, 41 Fed. Eep. 109. "There appears to be no 
restriction to the discretion of Congress in respect to the territorial 
limits within which they may appoint the jurisdiction of the inferior 
courts erected by them." The Schooner L. W. Baston, 9 Ben. 289, 
Fed. Case 8612.) 

Sec. 70. The State of Alabama is divided into three judicial dis- 
tricts, to be known as the northern, middle, and southern districts of 
Alabama. The northern district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties of 
Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan, which 
shall constitute the northeastern division of said district; also the terri- 
tory embraced on the date last mentioned in the counties of Colbert, 
Franklin, and Lauderdale, which shall constitute the northwestern 
division of said district; also the territory embraced on the date last 
mentioned in the counties of Cherokee, De Kalb, Etowah, Marshall, and 
Saint Clair, which shall constitute the middle division of said district; 
also the territory embraced on the date last mentioned in the counties of 
Blount, Jefferson, and Shelby, which shall constitute the southern division 
of said district; also the territory embraced on the date last mentioned 
in the counties of Walker, Winston, Marion, Fayette and Lamar, which 
shall constitute the Jasper division of said district; also the territory 
embraced on the date last mentioned in the counties of Calhoun, Clay, 
Cleburne, and Talladega, which shall constitute the eastern division of 
said district; also the territory embraced on the date last mentioned in 
the counties of Bibb, Greene, Pickens, Sumter, and Tuscaloosa, which 
shall constitute the western division of said district. Terms of the dis- 
trict court for the northeastern division shall be held at Huntsville on 
the first Tuesday in April and the second Tuesday in October; for the 
northwestern division, at Florence on the second Tuesday in February 
and the third Tuesday in October: Provided, That suitable rooms and 
accommodations for holding court at Florence shall be furnished free of 
expense to the Government; for the middle division, at Gadsden on the 
first Tuesdays in February and August: Provided, That suitable rooms 
and accommodations for the holding court at Gadsden shall be fur- 
nished free of expense to the Government ; for the southern division, at 
Birmingham on the first Mondays in March and September, which 
courts shall remain in session for the transaction of business at least 



5 71] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 91 

six montlis in each calendar year; for the Jasper division, at Jasper on 
the second Tuesdays in January and June: Provided, That suitable 
rooms and accommodations for holding court at Jasper shall be furnished 
free of expense to the Government ; for the eastern division, at Anniston 
on the first Mondays in May and November ; and for the western division, 
at Tuscaloosa, on the first Tuesdays in January and June. The clerk 
of the court for the northern district shall maintain an office in charge 
of himself or a deputy at Anniston, at Florence, at Jasper, and at Gads- 
den, which shall be kept open at all times for the transaction of the 
business of said court. The district judge for the northern district 
shall reside at Birmingham. The middle district shall include the ter- 
ritory embraced on the first day of July, nineteen hundred and ten, in 
the counties of Autauga, Barbour, Bullock, Butler, Chilton, Chambers, 
Coosa, Covington, Crenshaw, Elmore, Lee, Lowndes, Macon, Montgomery, 
Pike, Bandolph, Eussell, and Tallapoosa, which shall constitute the 
northern division of said district; also the territory embraced on the 
date last mentioned in the counties of Coffee, Dale, Geneva, Henry, and 
Houston, which shall constitute the southern division of said district. 
Terms of the district court for the northern division shall be held at 
Montgomery on the first Tuesdays in May and December; and for the 
southern division, at Dothan on the first Mondays in June and December. 
The clerk for the middle district shall maintain an office, in charge of 
himself or a deputy, at Dothan, which shall be open at all times for the 
transaction of the business of said division. The southern district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Baldwin, Choctaw, Clarke, Conecuh, Escam- 
bia, Mobile, Monroe, and Washington, which shall constitute the south- 
ern division of said district; also the territory embraced on the date last 
mentioned in the counties of Dallas, Hale, Marengo, Perry, and Wilcox, 
which shall constitute the northern division of said district. Terms of 
the district court for the southern division shall be held at Mobile on 
the fourth Mondays in May and November ; and for the northern division 
at Selma on the first Mondays in May and November. 

Sec. 71. The State of Arkansas is divided into two districts, to be 
known as the eastern and western districts of Arkansas. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Sevier, Howard, Little 
Eiver, Pike, Hempstead, Miller, Lafayette, Columbia, Nevada, Ouachita, 
Union, and Calhoun, which shall constitute the Texarkana division of 
said district; also the territory embraced on the date last mentioned in 
the counties of Polk, Scott, Yell, Logan, Sebastian, Franklin, Crawford, 



92 THE JUDICIAL CODE [§ 72 

Washington, Benton, and Johnson, which shall constitute the Fort Smith 
division of said district; also the territory embraced on the date last 
mentioned in the counties of Baxter, Boone, Carroll, Madison, Marion, 
Newton, and Searcy, which shall constitute the Harrison division of 
said district. Terms of the district court for the Texarkana division 
shall be held at Texarkana on the second Mondays in May and No- 
vember; for the Fort Smith division, at Fort Smith on the second Mon- 
days in January and June; and for the Harrison division, at Harrison 
on the second Mondays in April and October. The eastern district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Lee, Phillips, Saint Francis, Cross, Monroe, 
and Woodruff, which shall constitute the eastern division of said district ; 
also the territory embraced on the date last mentioned in the counties of 
Independence, Cleburne, Stone, Izard, Sharp, and Jackson, which shall 
constitute the northern division of said district; also the territory em- 
braced on the date last mentioned in the counties of Crittenden, Clay, 
Craighead, Greene, Mississippi, Poinsett, Fulton, Eandolph, and Law- 
rence, which shall constitute the Jonesboro division of said district; and 
also the territory embraced on the date last mentioned in the counties 
of Arkansas, Ashley, Bradley, Chicot, Clark, Cleveland, Conway, Dallas, 
Desha, Drew, Faulkner, Garland, Grant, Hot Spring, Jefferson, Lincoln, 
Lonoke, Montgomery, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, 
and White, which shall constitute the western division of said district. 
Terms of the district court for the eastern division shall be held at 
Helena on the second Monday in March and the first Monday in October ; 
for the northern division, at Batesville on the fourth Monday in May 
and the second Monday in December; for the Jonesboro division, at 
Jonesboro on the second Mondays in May and November; and for the 
western division, at Little Eock on the first Monday in April and the 
third Monday in October. The clerk of the court for the eastern dis- 
trict shall maintain an office in charge of himself or a deputy at Little 
Eock, at Helena, at Jonesboro, and at Batesville, which shall be kept 
open at all times for the transaction of the business of the court. And 
the clerk of the court for the western district shall maintain an office in 
charge of himself or a deputy at Fort Smith, at Harrison, and at Tex- 
arkana, which shall be kept open at all times for the transaction of the 
business of the court. 

Sec. 72. The State of California is divided into two districts, to be 
known as the northern and southern districts of California. The souths 
em district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Fresno, Inyo, Kern, Kings, 



§§73,76] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 93 

Madera, Mariposa, Merced, and Tulare, which shall constitute the 
northern division of said district ; also the territory embraced on the date 
last mentioned in the counties of Imperial, Los Angeles, Orange, Kiver- 
side, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and 
Ventura, which shall constitute the southern division of said district. 
Terms of the district court for the northern division shall be held at 
Fresno on the first Jlonday in May and the second Monday in Novem- 
ber ; and for the southern division at Los Angeles, on the second Monday 
in January and the second Monday in July, and at San Diego on the 
second Mondays in March and September. The northern district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Alameda, Alpine, Amador, Butte, Calaveras, 
Colusa, Contra Costa, Del ISTorte, El Dorado, Glenn, Humboldt, Lake, 
Lassen, Marin, Mendocino, Modoc, Mono, Monterey, Napa, Nevada, 
Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, 
San ]\Iateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, 
Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and 
Yuba. Terms of the district court for the northern district shall be 
held at San Francisco on the first Monday in March, the second Monday 
in July, and the first Monday in November ; at Sacramento on the second 
Monday in April ; and at Eureka on the third Monday in July. 

Sec. 73. The State of Colorado shall constitute one judicial district, 
to be known as the district of Colorado. Terms of the district court 
shall be held at Denver on the first Tuesdays in May and November; 
at Pueblo on the first Tuesday in April ; and at Montrose on the second 
Tuesday in September. 

Sec. 74. The State of Connecticut shall constitute one judicial dis- 
trict^ to be known as the district of Connecticut. Terms of the district 
court shall be held at New Haven on the fourth Tuesdays in February 
and September, and at Hartford on the fourth Tuesday in May and 
the first Tuesday in December. 

Sec. 75. The State of Delaware shall constitute one judicial district, 
to be known as the district of Delaware. Terms of the district court 
shall be held at "Wilmington on the second Tuesdays in March, June, 
September, and December. 

Sec. 76. The State of Florida is divided into two districts, to be 
known as the northern and southern districts of Florida. The south- 
ern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Baker, Bradford, 
Brevard, Citrus, Clay, Columbia, Dade, De Soto, Duval, Hamilton, 
Hernando, Hillsboro, Lake, Lee, Madison, Manatee, Marion, Monroe, 



94 THE JUDICIAL CODE [§77 

Nassau, Orange, Osceola, Palm Beach, Pasco, Polk, Putnam, Saint 
John, Sumter, Suwanee, Saint Lucie, and Volusia. Terms of the district 
court for the southern district shall be held at Ocala on the third Mon- 
day in January; at Tampa on the second Monday in February; at 
Key West on the first Mondays in May and November; at Jackson- 
ville on the first Monday in December; at Fernandina on the first 
Monday in April; and at Miami on the fourth Monday in April. The 
district court for the southern district shall be open at all times for 
the purpose of hearing and deciding causes of admiralty and maritime 
jurisdiction. The northern district shall include the territory embraced 
on the first day of July nineteen hundred and ten, in the counties 
of Alachua, Calhoun, Escambia, Franklin, Gadsden, Holmes, Jackson, 
Jefferson, Lafayette, Leon, Levy, Liberty, Santa Eosa, Taylor, Wakulla, 
Walton, and Washington. Terms of the district court for the northern 
district shall be held at Tallahassee on the second Monday in January; 
at Pensacola on the first Mondays in May and November; at Marianna 
on the first Monday in April ; and at Gainesville on the second Mondays 
in June and December. 

Sec. 77. The State of Georgia is divided into two districts, to be 
known as the northern and southern districts of Georgia. The north- 
ern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Campbell, Carroll, 
Clayton, Cobb, Coweta, Cherokee, Dekalb, Douglas, Dawson, Fannin, 
Fayette, Fulton, Forsyth, Gilmer, Gwinnett, Hall, Henry, Lumpkin, 
Milton, Newton, Pickens, Eockdale, Spalding, Towns, and Union, which 
shall constitute the northern division of said district; also the territory 
embraced on the date last mentioned in the 'counties of Banks, Clarke, 
Elbert, Franklin, Greene, Habersham, Hart, Jackson, Morgan, Madison, 
Oglethorpe, Oconee, Eabun, Stephens, Walton, and White, which shall 
constitute the eastern division of said district; also the territory em- 
braced on the date last mentioned in the counties of Chattahoochee, 
Clay, Early, Harris, Heard, Meriwether, Marion, Muscogee, Quitman, 
Eandolph, Schley, Stewart, Talbot, Taylor, Terrell, Troup, and Webster, 
which shall constitute the western division of said district ; also the terri- 
tory embraced on the date last mentioned in the counties of Bartow, Chat- 
tooga, Catoosa, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, 
Walker, and Whitfield, which shall constitute the northwestern division 
of said district. Terms of the district court for northern division of 
said district shall be held at Atlanta on the second Monday in March 
and the first Monday in October ; for the eastern division, at Athens on 
the second Monday in April and the first Monday in November; for 



§ 78] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 



95 



the western division, at Columbus on the first Mondays in May and 
December; and for the northwestern division, at Eome on the third 
Mondays in May and November. The clerk of the court for the north- 
ern district shall maintain an office in charge of himself or a deputy 
at Athens, at Columbus, and at Eome, which shall be kept open at all 
times for the transaction of the business of the court. The southern 
district shall include the territory embraced on the said first day of 
July, nineteen hundred and ten, in the counties of Appling, Bulloch, 
Bryan, Camden, Chatham, Emanuel, Effingham, Glynn, Jeff Davis, 
Liberty, Montgomery, Mcintosh, Screven, Tatnall, Toombs, and Wayne, 
which shall constitute the eastern division of said district; also the 
territory embraced on the date last mentioned in the counties of Baldwin, 
Bibb, Butts, Crawford, Dodge, Dooly, Hancock, Houston, Jasper, Jones, 
Laurens, Macon, Monroe, Pike, Pulaski, Putnam, Sumter, Telfair, 
Twiggs, Upson, "Wilcox, and Wilkinson, which shall constitute the west- 
ern division; also the territory embraced on the date last mentioned in 
the counties of Burke, Columbia, Glascock, Jefferson, Jenkins, Johnson, 
Lincoln, McDuffie, Eichmond, Taliaferro, Washington, Wilkes, and 
Warren, which shall constitute the northeastern division; also the terri- 
tory embraced on the date last mentioned in the counties of Berrien, 
Brooks, Charlton, Clinch, Coffee, Decatur, Echols, Grady, Irwin, 
Lowndes, Pierce, and Ware, which shall constitute the southwestern 
division; and also the territory embraced on the date last mentioned in 
the counties of Baker, Ben Hill, Calhoun, Crisp, Colquitt, Dougherty, 
Lee, Miller, Mitchell, Thomas, Tift, Turner, and Worth, which shall 
constitute the Albany division. Terms of the district court for the 
western division shall be held at Macon on the first Mondays in May and 
October; for the eastern division, at Savannah on the second Tuesdays 
in February, May, August, and November; for the northeastern division, 
at Augusta on the first Monday in April and the third Monday in No- 
vember; for the southwestern division, at Valdosta on the second Mon- 
days in June and December; and for the Albany division, at Albany on 
the third Mondays in June and December. 

Sec. 78. The State of Idaho shall constitute one judicial district, to 
be known as the district of Idaho. It is divided into four divisions, to 
be known as the northern, central, southern, and eastern divisions. The 
territory embraced on the first day of July, nineteen hundred and ten, 
in the counties of Bonner, Kootenai, and Shoshone, shall constitute the 
northern division of said district ; and the territory embraced on the date 
last mentioned in the counties of Idaho, Latah, and Nez Perce, shall 
constitute the central division of said district; and the territory em- 



96 THE JUDICIAL CODE [§ 79 

braced on the date last mentioned in the counties of Ada, Boise, Blaine, 
Cassia, Twin Falls, Canyon, Elmore, Lincoln, Owyhee, and Washington, 
shall constitute the southern division of said district; and the territory 
embraced on the date last mentioned in the counties of Bannock, Bear 
Lake, Bingham, Custer, Fremont, Lemhi, and Oneida, shall constitute 
the eastern division of said district. Terms of the district court for the 
northern division of said district shall be held at Coeur d'Alene City 
on the fourth Monday in May and the third Monday in November; for 
the central division, at Moscow on the second Monday in May and the 
first Monday in November; for the southern division, at Boise City on 
the second Mondays in February and September; and for the eastern 
division, at Pocatello on the second Mondays in March and October. 
The clerk of the court shall maintain an office in charge of himself or a 
deputy at Coeur d'Alene City, at Moscow, at Boise City, and at Poca- 
tello, which shall be open at all times for the transaction of the business 
of the court. 

Sec. 79. The State of Illinois is divided into three districts, to be 
known as the northern, southern, and eastern districts of Illinois. The 
northern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Cook, Dekalb, Dupage, 
Grundy, Kane, Kendall, Lake, Lasalle, McHenry, and Will, which shall 
constitute the eastern division; also the territory embraced on the date 
last mentioned in the counties of Boone, Carroll, Jo Daviess, Lee, Ogle, 
Stephenson, Whiteside, and Winnebago, which shall constitute the 
western division. Terms of the district court for the eastern division 
shall be held at Chicago on the first Mondays in February, March, April, 
May, June, July, September, October, and November, and the third 
Monday in December; and for the western division, at Freeport on the 
third Mondays in April and October. The clerk of the court for the 
northern district shall maintain an office in charge of himself or a deputy 
at Chicago and at Freeport, which shall be kept open at all times for the 
transaction of the business of the court. The marshal for the northern 
district shall maintain an office in the division in which he himself does 
not reside and shall appoint at least one deputy who shall reside therein. 
The southern district shall include the territory embraced on the first 
day of July, ninteen hundred and ten, in the counties of Bureau, Fulton, 
Henderson, Henry, Knox, Livingston, McDonough, Marshall, Mercer, 
Putnam, Peoria, Eock Island, Stark, Tazewell, Warren, and Woodford, 
which shall constitute the northern division; also the territory embraced 
on the date last mentioned in the counties of Adams, Bond, Brown, Cal- 
houn, Cass, Christian, Dewitt, Greene, Hancock, Jersey, Logan, McLean, 



§§80,81] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 97 

Macon, Macoupin, Madison, Mason, Menard, Montgomery, Morgan, Pike, 
Sangamon, Schuyler, and Scott, which shall constitute the southern 
division. Terms of the district court for the northern division shall be 
held at Peoria on the third Mondays in April and October; for the 
southern division, at Springfield on the first Mondays in January and 
June, and at Quincy on the first Mondays in March and September. 
The clerk of the court for the southern district shall maintain an office 
in. charge of himself or a deputy at Peoria, at Springfield, and at Quincy, 
which shall be kept open at all times for the transaction of the business 
of the court. The marshal for said southern district shall appoint at 
least one deputy residing in the said northern district, who shall main- 
tain an office at Peoria. The eastern district shall include the territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Alexander, Champaign, Clark, Clay, Clinton, Coles, Craw- 
ford, Cumberland, Douglas, Edgar, Edwards, Effingham, Payette, Ford, 
Franklin, Gallatin, Hamilton, Hardin, Iroquois, Jackson, Jasper, Jeffer- 
son, Johnson, Kankakee, Lawrence, Marion, Massac, Monroe, Moultrie, 
Perry, Piatt, Pope, Pulaski, Eandolph, Eichland, Saint Clair, Saline, 
Shelby, Union, Vermilion, Wabash, Washington, Wayne, White, and 
Williamson. Terms of the district court for the eastern district shall 
be held at Danville on the first Mondays in March and September; at 
Cairo on the first Mondays in April and October; and at East Saint 
Louis on the first Mondays in May and November. The clerk of the 
court for the eastern district shall maintain an office in charge of him- 
self or a deputy at Danville, at Cairo, and at East Saint Louis, which 
shall be kept open at all times for the transaction of the business of the 
court, and shall there keep the records, files, and documents pertaining 
to the court at that place. 

Sec. 80. The State of Indiana shall constitute one Judicial district, 
to be known as the district of Indiana. Terms of the district court 
shall be held at Indianapolis on the first Tuesdays in May and Novem- 
ber; at New Albany on the first Mondays in January and July; at 
Evansville on the first Mondays in April and October; at Fort Wayne 
on the second Tuesdays in June and December; and at Hammond 
on the third Tuesdays in April and October. The clerk of the court 
shall appoint four deputy clerks, one of whom shall reside and keep 
his office at New Albany, one at Evansville, one at Fort Wayne, and one 
at Hammond. Each deputy shall keep in his ofSce full records of all 
actions and proceedings of the district court held at that place. 

Sec. 81. The State of Iowa is divided into two judicial districts, 
to be known as the northern and southern districts of Iowa. The north- 

Jud. Code — 7 



98 ^ THE JUDICIAL CODE [§ 81 

ern district sliall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Allamakee, Dubuque, 
Buchanan, Clayton, Delaware, Eayette, Winneshiek, Howard, Chickasaw, 
Bremer, Blackhawk, Floyd, Mitchell, and Jackson, which shall con- 
stitute the eastern division of said district; also the territory embraced 
on the date last mentioned in the counties of Jones, Cedar, Linn, John- 
son, Iowa, Benton, Tama, Grundy, and Hardin, which shall constitute 
the Cedar Eapids division; also the territory embraced on the date last 
mentioned in the counties of Emmet, Palo Alto, Pocahontas, Calhoun, 
Kossuth, Humboldt, Webster, Winnebago, Hancock, Wright, Hamilton, 
Worth, Cerro Gordo, Franklin, and Butler, which shall constitute the 
central division; also the territory embraced on the date last mentioned 
in the counties of Dickinson, Clay, Buena Vista, Sac, Osceola, O'Bri-en, 
Cherokee, Ida, Lyon, Sioux, Plymouth, Woodbury, and Monona, which 
shall constitute the western division. Terms of the district court for 
the eastern division shall be held at Dubuque on the fourth Tuesday in 
April and the first Tuesday in December, and at Waterloo on the second 
Tuesdays in May and September; for the Cedar Eapids division, at 
Cedar Eapids on the first Tuesday in April and the fourth Tuesday in 
September; for the central division, at Fort Dodge on the second Tues- 
days in June and November; and for the western division, at Sioux 
City on the fourth Tuesday in May and the third Tuesday in October. 
The southern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Louisa, Henry, 
Des Moines, Lee, and Van Buren, which shall constitute the eastern 
division of said district; also the territory embraced on the date last 
mentioned in the counties of Marshall, Story, Boone, Greene, Guthrie, 
Dallas, Polk, Jasper, Poweshiek, Marion, Warren, and Madison, which 
shall constitute the, central division of said district; also the territory 
embraced on the date last mentioned in the counties of Carroll, Craw- 
ford, Harrison, Shelby, Audubon, Cass, Pottawattamie, Mills, and Mont- 
gomery, which shall constitute the western division of said district; also 
the territory embraced on the date last mentioned in the counties of 
Adair, Adams, Clarke, Decatur, Fremont, Lucas, Page, Einggold, Taylor, 
Union, and Wayne, which shall constitute the southern division of said 
district; also the territory embraced on the date last mentioned in the 
counties of Scott, Muscatine, Washington, and Clinton, which shall 
constitute the Davenport division of said district; also the territory em- 
braced on the date last mentioned in the counties of Davis, Appanoose, 
Mahaska, Keokuk, Jefferson, Monroe, and Wapello, which shall con- 
stitute the OttumVa division of said court. Terms of the district 



§ 82] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 99 

court for the eastern division shall be held at Keokuk on the second 
Tuesday in April and the third Tuesday in October; for the central 
division, at Des Moines on the second Tuesday in May and the third 
Tuesday in November; for the western division, at Council BlufEs on the 
second Tuesday in March and the third Tuesday in September; for the 
southern division, at Creston on the fourth Tuesday in March and the 
. first Tuesday in November ; for the Davenport division, at Davenport on 
the fourth Tuesday in April and the first Tuesday in October; and 
for the Ottumwa division, at Ottumwa on the first Monday after the 
fourth Tuesday in March, and the first Monday after the third Tuesday 
in October. The clerk of the court for said district shall maintain an 
office in charge of himself or a deputy at Davenport and at Ottumwa, 
for the transaction of the business of said divisions. 

Sec. 82. The State of Kansas shall constitute one judicial district, 
to be known as the district of Kansas. It is divided into three divisions, 
to be known as the first, second, and third divisions of the district of 
Kansas. The first division shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Atchison, 
Brown, Chase, Cheyenne, Clay, Cloud, Decatur, Dickinson, Doniphan, 
Douglas, Ellis, Franklin, Geary, Gove, Graham, Jackson, Jefferson, 
Jewell, Johnson, Leavenworth, Lincoln, Logan, Lyon, Marion, Marshall, 
Mitchell, Morris, Nemaha, Norton, Osage, Osborne, Ottawa, Phillips, 
Pottawatomie, Bawlins, Eepublic, Eiley, Eooks, Eussell, Saline, Shawnee, 
Sheridan, Sherman, Smith, Thomas, Trego, Wabaunsee, "Wallace, Wash- 
ington, and Wyandotte. The second division shall include the territory 
embraced on the date last mentioned in the counties of Barber, Barton, 
Butler, Clark, Comanche, Cowley, Edwards, Ellsworth, Finney, Ford, 
Grant, Gray, Greeley, Hamilton, Harper, Harvey, Hodgeman, Haskell, 
Kingman, Kiowa, Kearny, Lane, McPherson, Morton, Meade, Ness, 
Pratt, Pawnee, Eeno, Eice, Eush, Scott, Sedgwick, Stafford, Stevens, 
Seward, Sumner, Stanton, and Wichita. The third division shall include 
the territory embraced on the said date last mentioned in the counties of 
Allen, Anderson, Bourbon, Cherokee, Coffey, Chautauqua, Crawford, 
Elk, Greenwood, Labette, Linn, Miami, Montgomery, Neosho, Wilson, 
and Woodson. Terms of the district court for the first division shall 
be held at Leavenworth on the second Monday in October; at Topeka 
on the second Monday in April ; at Kansas City on the second Monday 
in January and the first Monday in October; and at Salina on the second 
Monday in May; but no cause, action, or proceeding shall be tried or 
considered at any term held at Salina unless by consent of all the parties 
thereto, or by order of the court for cause. Terms of the district court 



100 THE JUDICIAL CODE [§ 83 

for the second division shall be held at Wichita on the second Mondays 
in March and September; and for the third division, at Fort Scott on 
the first Monday in May and the second Monday in November. The clerk 
of the district court shall appoint two deputies, one of whom shall reside 
and keep his office at Fort Scott, and the other at Wichita; and the 
marshal shall appoint a deputy who shall reside and keep his office at 
Fort Scott. 

Sec. 83. The State of Kentucky is divided into two districts, to be 
known as the eastern and western districts of Kentucky. The eastern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Carroll, Trimble, Henry, 
Shelby, Anderson, Mercer, Boyle, Gallatin, Boone, Kenton, Campbell, 
Pendleton, Grant, Owen, Franklin, Bourbon, Scott, Woodford,, Fayette, 
Jessamine, Garrard, Madison, Lincoln, Eockcastle, Pulaski, Wayne, 
Whitley, Bell, Knox, Harlan, Laurel, Clay, Leslie, Letcher, Perry, 
Owsley, Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magofiin, 
Martin, Johnson, Lawrence, Boyd, Greenup, Carter, Elliott, Morgan, 
Wolfe, Powell, Menifee, Clark, Montgomery, Bath, Eowan, Lewis, 
Fleming, Mason, Bracken, Eobertson, Nicholas, and Harrison, with the 
waters thereof. Terms of the district court for the eastern district shall 
be held at Frankfoit on the second Monday in March and the fourth 
Monday in September; at Covington on the first Monday in April and 
the third Monday in October; at Eichmond on the fourth Monday in 
April and the second Monday in November; at London on the second 
Monday in May and the fourth Monday in November ; at Catlettsburg on 
the fourth Monday in May and the second Monday in December; and at 
Jackson on the first Monday in March and the third Monday in Sep- 
tember : Provided, That suitable rooms and accommodations are furnished 
for holding court at Jackson free of expense to the Government until 
such time as a public building shall be erected there. The western dis- 
trict shall include the territory embraced on the first day of July, nine- 
teen hundred and ten, in the counties of Oldham, Jefferson, Spencer, 
Bullitt, Nelson, Washington, Marion, Larue, Taylor, Casey, Green, Adair, 
Eussell, Clinton, Cumberland, Monroe, Metcalfe, Allen, Barren, Simpson, 
Logan, Warren, Butler, Hart, Edmonson, Grayson, Hardin, Meade, 
Breckinridge, Hancock, Daviess, Ohio, McLean, Muhlenberg, Todd, 
Christian, Trigg, Lyon, Caldwell, Livingston, Crittenden, Hopkins, Web- 
ster, Henderson, Union, Marshall, Calloway, McCracken, Graves, Ballard, 
Carlisle, Hickman, and Fulton, with the waters thereof. Terms of the 
district court for the western district shall be held at Louisville on the 
second Mondays in March and October; at Owensboro on the first Mon- 



§ 84] DISTEICT COUBTS— DISTRICTS, AND PE0V18I0NS IQI 

day in May and the fourth Monday in November; at Paducah on the' 
third Mondays in April and JSTovember; and at Bowling Green on the 
third Monday in May and the second Monday in December. The clerk 
of the court for the eastern district shall maintain. an ofBce in charge of 
himself or a deputy at Frankfort, at Covington, at Eichmond, at London, 
at Catlettsburg, and at Jackson; and the clerk for the western district 
shall maintain an office in charge of himself or a deputy at Louisville, at 
Owensboro, at Paducah, and at Bowling Green, each of which offices shall 
be kept open at all times for the transaction of the business of said court. 
The clerks of the courts for the eastern and western districts, upon issuing 
original process in a civil action, shall make it returnable to the court 
nearest to the county of the residence of the defendant, or of that de- 
fendant whose county is nearest to a court, and shall, immediately upon 
payment by the plaintiff of his fees accrued, send the papers filed to the 
clerk of the court to which the process is made returnable ; and whenever 
the process is not thus made returnable, any defendant may, upon mo- 
tion, on or before the calling of the cause, have it transferred to the court 
to which it should have been sent had the clerk known the residence of 
the defendant when the action was brought. 

Sec. 84. The State of Louisiana is divided into two judicial dis- 
tricts, to be known as the eastern and western districts of Louisiana. The 
eastern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the parishes of Assumption, Iberia, 
Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, 
Saint James, Saint John the Baptist, Saint Mary, Saint Tammany, Tan- 
gipahoa, Terrebonne, and Washington, which shall constitute the New 
Orleans division ; also the territory embraced on the date last mentioned 
in the parishes of Ascension, East Baton Eouge, East Feliciana, Livings- 
ton, Pointe Coupee, Saint Helena, West Baton Eouge, Iberville, and West 
Feliciana, which shall constitute the Baton Eouge division of said dis- 
trict. Terms of the district court for the New Orleans division shall be 
held at New Orleans on the third Mondays in February, May, and No- 
vember ; and for the Baton Eouge division, at Baton Eouge on the second 
Mondays in April and November. The clerk of the court for the eastern 
district shall maintain an ofSee in charge of himself or a deputy at New 
Orleans and at Baton Eouge which shall be kept open at all times for the 
transaction of the business of the court. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the parishes of Saint Landry, Evangeline, Saint Martin, 
Lafayette, and Vermilion, which shall constitute the Opelousas division 
of said district ; also the territory embraced on the date last mentioned in 



103 THE JUDICIAL CODE [§§ 85, 87 

the parishes of Eapides, Avoyelles, Catahoula, La Salle, Grant, and Winn, 
which shall constitute the Alexandria division of said district; also the 
territory embraced on the said date last mentioned in the parishes of 
Caddo, De Soto, Bossier, Webster, Claiborne, Bienville, Natchitoches, 
Sabine, and Eed Eiver, which shall constitute the Shreveport division 
of said district; also the territory embraced on the date last mentioned 
in the parishes of Ouachita, Franklin, Eichland, Morehouse, East Car- 
roll, West Carroll, Madison, Tensas, Concordia, Union, Caldwell, Jackson, 
and Lincoln, which shall constitute the Monroe division of said district; 
also the territory embraced on the date last mentioned in the parishes of 
Acadia, Calcasieu, Cameron, and Vernon, which shall constitute the Lake 
Charles division of said district. Terms of the district court for the 
Opelousas division shall be held at Opelousas on the first Mondays in 
January and June; for the Alexandria division, at Alexandria on the 
fourth Mondays in January and June; for the Shreveport division, at 
Shreveport on the third Mondays in February and October; for the 
Monroe division, at Monroe on the first Mondays in April and October ; 
and for the Lake Charles division, at Lake Charles on the third Mondays 
in May and December. The clerk of the court for the western district 
shall maintain an office in charge of himself or a deputy at Opelousas, 
at Alexandria, at Shreveport, at Monroe, and at Lake Charles, which 
shall be kept open at all times for the transaction of the business of the 
court. 

Sec. 85. The State of Maine shall constitute one judicial district, to 
be known as the district of Maine. Terms of the district court shall be 
held at Portland on the first Tuesdays in February and December; at 
Bangor on the first Tuesday in June; and at Bath on the first Tuesday 
in September. 

Sec. 86. The State of Maryland shall constitute one judicial district, 
to be known as the district of Maryland. Terms of the district court 
shall be held at Baltimore on the first Tuesdays in March, June, Sep- 
tember, and December ; and at Cumberland on the second Monday in May 
and the last Monday in September. The clerk of the court shall appoint 
a deputy who shall reside and maintain an office at Cumberland, unless 
the clerk shall himself reside there ; and the marshal shall also appoint a 
deputy, who shall reside and maintain an office at Cumberland, unless he 
shall himself reside there. 

Sec. 87. The State of Massachusetts shall constitute one judicial dis- 
trict, to be known as the district of Massachusetts. Terms of the district 
court shall be held at Boston on the third Tuesday in March, the fourth 
Tuesday in June, the second Tuesday in September, and the first Tuesday 



§ 88] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 103 

in December; and at Springfield, on the second Tuesdays in May and 
December : Provided, That suitable rooms and accommodations for hold- 
ing court at Springfield shall be furnished free of expense to the Govern- 
ment until such time as a Federal building shall be erected there for, 
that purpose. The marshal and the clerk for said district shall each 
appoint at least one deputy, to reside in Springfield and to maintain an 
office at that place. 

Sec. 88. The State of Michigan is divided into two judicial districts, 
to be known as the eastern and western districts of Michigan. The 
eastern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Alcona, Alpena, Are- 
nac, Bay, Cheboygan, Clare, Crawford, Genesee, Gladwin, Gratiot, Huron, 
Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, 
Presque Isle, Eoscommon, Saginaw, Shiawassee, and Tuscola, which 
shall constitute the northern division; also the territory embraced on the 
date last mentioned in the counties of Branch, Calhoun, Clinton, Hills- 
dale, Ingham, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, 
Oakland, St. Clair, Sanilac, Washtenaw, and Wayne, which shall consti- 
tute the southern division of said district. Terms of the district court 
for the southern division' shall be held at Detroit on the first Tuesdays in 
March, June, and JSTovember; for the northern division, at Bay City on 
the first Tuesdays in May and October, and at Port Huron in the discre- 
tion of the judge of said court and at such times as he shall appoint 
therefor. There shall also be held a special or adjourned term of the 
district court at Bay City for the hearing of admiralty causes, beginning 
in the month of February in each year. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Alger, Baraga, Chippewa, Delta, Dickinson, 
Gogebic, Houghton, Iron, JEeweenaw, Luce, Mackinac, Marquette, Me- 
nominee, Ontonagon, and Schoolcraft, which shall constitute the northern 
division; also the territory embraced on the said date last mentioned in 
the counties of Allegan, Antrim, Barry, Benzie, Berrien, Cass, Charle- 
voix, Eaton, Emmet, Grand Traverse, Ionia, Kalamazoo, Kalkaska, Kent, 
Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Mus- 
kegon, Newaygo, Oceana, Osceola, Ottawa, St. Joseph, Van Buren, and 
Wexford, which shall constitute the southern division of said district. 
Terms of the district court for the southern division shall be held at 
Grand Rapids on the first Tuesdays in March and October; and for the 
northern division, at Marquette on the first Tuesdays in May and Sep- 
tember. All issues of fact shall be tried at the terms in the division 
where such suit shall be commenced. Actions in rem and admiralty may 



104 THE JUDICIAL CODE [§ 89 

be brought in whichever division of the eastern district service can be had 
upon the res. JSTothing herein contained shall prevent the district court 
of the western division from regulating, by general rule, the venue of 
transitory actions either at law or in equity, or from changing the same 
for cause. The clerk of the court for the western district shall reside 
and keep his office at Grand Eapids, and shall also appoint a deputy clerk 
for said court held at Marquette, who shall reside and keep his office at 
that place. The marshal for said western district shall keep an office 
and a deputy marshal at Marquette. The clerk of the court for the 
eastern district shall keep his office at the city of Detroit, and shall 
appoint a deputy for the court held at Bay City, who shall reside and 
keep his office at that place. The marshal for said district shall keep 
an office and a deputy marshal at Bay City, and mileage on service of 
process in said northern division shall be computed from Bay City. 

Sec. 89. The State of Minnesota shall constitute one judicial district, 
to be known as the district of Minnesota. It is divided into six divisions, 
to be known as the first, second, third, fourth, fifth, and sixth divisions. 
The first division shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Winona, Wabasha, 
Olmsted, Dodge, Steele, Mower, Fillmore, and Houston. The second 
division shall include the territory embraced on the date last mentioned 
in the counties of Freeborn, Faribault, Martin, Jackson, Nobles, Eock, 
Pipestone, Murray, Cottonwood, Watonwan, Blue Earth, Waseca, Lesueur, 
Nicollet, Brown, Eedwood, Lyon, Lincoln, Yellow Medicine, Sibley, and 
Lac qui Parle. The third division shall include the territory embraced 
on the date last mentioned in the counties of Chisago, Washington, Eam- 
sey, Dakota, Goodhue, Eice, and Scott. The fourth division shall include 
the territory embraced on the date last mentioned in the counties of 
Hennepin, Wright, Meeker, Kandiyohi, Swift, Chippewa, Eenville, 
McLeod, Carver, Anoka, Sherburne, and Isanti. The fifth division shall 
include the territory embraced on the date last mentioned in the counties 
of Cook, Lake, Saint Louis, Itasca, Koochiching, Cass, Crow Wing, Ait- 
kin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, and Benton. The 
sixth division shall include the territory embraced on the date last men- 
tioned in the counties of Stearns, Pope, Stevens, Bigstone, Traverse, 
Grant, Douglas, Todd, Ottertail, Eoseau, Wilkin, Clay, Becker, Wadena, 
Norman, Polk, Eed Lake, Marshall, Kittson, Beltrami, Clearwater, Mah- 
nomen, and Hubbard. Terms of the district court for the first division 
shall be held at Winona on the third Tuesdays in May and November; 
for the second division, at Mankato on the fourth Tuesdays in April and 
October; for the third division, at Saint Paul on the first Tuesdays in 



I 90] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 105 

June and December ; for the fourth division, at Minneapolis on the first 
Tuesdays in April and October; for the fifth division, at Duluth on the 
second Tuesdays in January and July; and for the sixth division, at 
Fergus Palls on the first Tuesday in May and second Tuesday in No- 
vember. The clerk of the court shall appoint a deputy clerk at each 
place where the court is now required to be held at which the clerk shall 
not himself reside, who shall keep his office and reside at the place 
appointed for the holding of said court. 

Sec. 90. The State of Mississippi is divided into two judicial dis- 
tricts, to be known as the northern and southern districts of Mississippi. 
The northern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Alcorn, Attala, 
Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, 
Pontotoc, Prentiss, Tishomingo, and Winston, which shall constitute the 
eastern division of said district; also the territory embraced on the date 
last mentioned in the counties of Benton, Coahoma, Calhoun, Carroll, 
De Soto, Grenada, Lafayette, Marshall, Montgomery, Panola, Quitman, 
Tallahatchie, Tate, Tippah, Tunica, Union, Webster, and Yalobusha, 
which shall constitute the western division of said district. Terms of 
the district court for the eastern division shall be held at Aberdeen on 
the first Mondays in April and October; and for the western division, at 
Oxford on the first Mondays in June and December, and at Clarksdale 
on the third Mondays in June and December: Provided, That suitable 
rooms and accommodations for holding court at Clarksdale are fur- 
nished free of expense to the United States. The southern district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Adams, Amite, Copiah, Covington, Franklin, 
Hinds, Holmes, Jefferson, Jefferson Davis, Lawrence, Lincoln, Leflore, 
Madison, Pike, Eankin, Simpson, Smith, Scott, Wilkinson, and Yazoo, 
which shall constitute the Jackson division ; also the territory embraced on 
the date last mentioned in the counties of Bolivar, Claiborne, Issaquena, 
Sharkey, Sunflower, Warren, and Washington, which shall constitute the 
western division ; also the territory embraced on the date last mentioned in 
the counties of Clarke, Jones, Jasper, Kemper, Lauderdale, Leake, Nesho- 
ba, Newton, Noxubee, and Wayne, which shall constitute the eastern 
division; also the territory embraced on the date last mentioned in the 
counties of Forest, Greene, Hancock, Harrison, Jackson, Lamar, Marion, 
Perry, and Pearl Eiver, which constitutes the southern division of said dis- 
trict. Terms of the district court for the Jackson division shall be held at 
Jackson on the first Mondays in May and November; for the western 
divi;iion, at Vicksburg on the first Mondays in January and July; for 



106 THE JUDICIAL CODE [§ 91 

the eastern division, at Meridian on the second Mondays in March and 
September ; and for the southern division, at Biloxi on the third Mondays 
in February and August. The clerk of the court for each district shall 
maintain an office in charge of himself or a deputy at each place in his 
district at which court is now required to be held, at which he shall not 
himself reside, which shall be kept open at all times for the transaction 
of the business of the court. The marshal for each of said districts shall 
maintain an office in charge of himself or a deputy at each place of 
holding court in his district. 

Sec. 91. The State of Missouri is divided into two judicial districts, 
to be known as the eastern and western districts of Missouri. The eastern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the city of Saint Louis and the counties 
of Audrain, Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lin- 
coln, Maries, Montgomery, Phelps, Saint Charles, Saint Francois, Sainte 
Genevieve, Saint Louis, Warren, and Washington, which shall constitute 
the eastern division of said district; also the territory embraced on the 
date last mentioned in the counties of Adair, Chariton, Clark, Knox, 
Lewis, Linn, Macon, Marion, Monroe, Pike, Ealls, Eandolph, Schuyler, 
Scotland, and Shelby, which shall constitute the northern division of said 
district; also the territory embraced on the date last mentioned in the 
counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Madison, 
Mississippi, Kew Madrid, Pemiscot, Perry, Eeynolds, Eipley, Scott, Shan- 
non, Stoddard, and Wayne, which shall constitute the southeastern 
division of said district. Terms of the district court for the eastern 
division shall be held at Saint Louis on the first Mondays in May and 
November, and at Eolla on the second Mondays in January and June: 
Provided, That suitable rooms and accommodations for holding court at 
Eolla are furnished free of expense to the United States; for the northern 
division, at Hannibal on the fourth Monday in May and the first Monday 
in December; and for the southeastern division, at Cape Girardeau on 
the second Mondays in April and October. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Bates, Caldwell, Carroll, Cass, Clay, Grundy, 
Henry, Jackson, Johnson, Lafayette, Livingston, Mercer, Putnam, Eay, 
Saint Clair, Saline, and Sullivan, which shall constitute the western 
division; also the territory embraced on the date last mentioned in the 
counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, 
and Vernon, which shall constitute the southwestern division; also the 
territory embraced on the date last mentioned in the counties of Andrew, 
Atchison, Buchanan, Clinton, Daviess, Dekalb, Gentry, Holt, Harrison, 



§§92,93] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 107 

Nodaway, Platte, and Worth, which shall constitute the Saint Joseph 
division; also the territory embraced on the date last mentioned in the 
counties of Benton, Boone, Callaway, Cooper, Camden, Cole, Hickory, 
Howard, Miller, Moniteau, Morgan, Osage, and Pettis, which shall con- 
stitute the central division; also the territory embraced on the date last 
mentioned in the counties of Christian, Cedar, Dade, Dallas, Douglas, 
Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, 
Webster, and Wright, which constitutes the southern division. Terms 
of the district court for the western division shall be held at Kansas City 
on the fourth Monday in April and first Monday in November, and at 
Chillicothe on the fourth Monday in May and the first Monday in 
December: Provided^ That suitable rooms and accommodations for hold- 
ing court at Chillicothe are furnished free of expense to the "United 
States ; for the southwestern division, at Joplin on the second Mondays in 
June and January; for the Saint Joseph division, at Saint Joseph on 
the first Monday in March and third Monday in September; for the 
central division, at Jefferson City on the third Mondays in March and 
October; and for the southern division, at Springfield on the first Mon- 
days in April and October. The clerk of the court for the western dis- 
trict shall maintain an office in charge of himself or a deputy at Kansas 
City, at Jefferson City, at Saint Joseph, at Chillicothe, at Joplin, and at 
Springfield, which shall be kept open at all times for the transaction of 
the business of the court. The marshal for each district shall also main- 
tain an office in charge of himself or a deputy at each place at which 
court is now held in his district. 

Sec. 93. The State of Montana shall constitute one judicial district, 
to be known as the district of Montana. Terms of the district court 
shall be held at Helena on the first Mondays in April and November; at 
Butte on the first Tuesdays in February and September; at Great Palls 
on the first Mondays in May and October ; at Missoula on the first Mon- 
days in January and June; and at Billings on the first Mondays in 
March and August. Causes, civil and criminal, may be transferred by 
the court or judge thereof from Helena to Butte or from Butte to Helena, 
or from Helena or Butte to Great Palls, or from Great Falls to Helena 
or Butte, in said district, when the convenience of the parties or the 
ends of justice would be promoted by the transfer ; and any interlocutory 
order may be made by the court or judge thereof in either place. 

Sec. 93. The State of Nebraska shall constitute one judicial district, 
to be known as the district of Nebraska. Said district is divided into 
eight divisions. The territory embraced on the first day of July, nine- 
teen hundred and ten, in the counties of Douglas, Sarpy, Washington, 



108 THE JUDICIAL CODE [§ 94 

Dodge, Colfax, Platte, Nance, Boone, Wheeler, Burt, Thurston, Dakota, 
Cuming, Cedar, and Dixon, shall constitute the Omaha division ; the ter- 
ritory embraced on the date last mentioned in the counties of Madison, 
Antelope, Knox, Pierce, Stanton, Wayne, Holt, Boyd, Eock, Brown, and 
Keya Paha, shall constitute the Norfolk division ; the territory embraced 
on the date last mentioned in the counties of Cherry, Sheridan, Dawes, 
Box Butte, and Sioux, shall constitute the Chadron division ; the territory 
embraced on the date last mentioned in the counties of Hall, Merrick, 
Howard, Greeley, Garfield, Valley, Sherman, Buffalo, Custer, Loup, 
Blaine, Thomas, Hooker, and Grant, shall constitute the Grand Island 
division; the territory embraced on the date last mentionfed in the coun- 
ties of Lincoln, Dawson, Logan, McPherson, Keith, Deuel, Garden, Mor- 
rill, Cheyenne, Kimball, Banner, and Scott's Bluff, shall constitute the 
iTorth Platte division ; the territory embraced on the date last mentioned 
in the counties of Cass, Otoe, Johnson, Nemaha, Pawnee, Eiehardson, 
Gage, Lancaster, Saunders, Butler, Seward, Saline, Jefferson, Thayer, 
Fillmore, York, Polk, and Hamilton, shall constitute the Lincoln 
division; the territory embraced on the date last mentioned in the coun- 
ties of Clay, Nuckolls, Webster, Adams, Kearney, Franklin, Harlan, and 
Phelps, shall constitute the Hastings division; and the territory em- 
braced on the date last mentioned in the counties of Gosper, Furnas, Eed 
Willow, Frontier, Hayes, Hitchcock, Dundy, Chase, and Perkins, shall 
constitute the McCook division. Terms of the district court for the 
Omaha division shall be held at Omaha on the first Monday in April and 
the fourth Monday in September; for the Norfolk division, at Norfolk 
on the third Monday in September ; for the Chadron division, at Chadron 
on the second Monday in September; for the Grand Island division, at 
Grand Island on the second Monday in January; for the North Platte 
division, at North Platte on the second Monday in June ; for the Lincoln 
division, at Lincoln on the second Monday in May and the first Monday 
in October ; for the Hastings division, at Hastings on the second Monday 
in March ; and for the McCook division, at McCook on the first Monday 
in March: Provided, That where provision is made herein for holding 
court at places where there are no Federal buildings, a suitable room in 
which to hold court, together with light and heat, shall be provided by 
the city or county where such court is held, without any expense to the 
United States. The clerk of the court shall appoint a deputy for each 
division of the district in which he does not himself reside, who shall 
keep his office and reside at the place of holding court in the division for 
which he is appointed. 

Sec. 94. The State of Nevada shall constitute one Judicial district. 



§§95,97] DISTRICT COURTS— DISTRICTS. AND PROVISIONS 109 

to be known as the district of Nevada. Terms of the district court shall 
be held at Carson City on the first Mondays in February, May, and 
October. 

Sec. 95. The State of New Hampshire shall constitute one judicial 
district, to be known as the district of New Hampshire. Terms of the 
district court shall be held at Portsmouth on the third Tuesdays in 
March and September; at Concord on the third Tuesdays in June and 
December ; and at Littleton on the last Tuesday in August. 

Sec. 96. The State of New Jersey shall constitute one Judicial dis- 
trict, to be known as the district of New Jersey. Terms of the district 
court shall be held at Trenton on the third Tuesdays in January, April, 
June, and September. At each term of the district court it shall be 
lawful for the judge holding such term, on consent of both parties, or on 
application therefor and good cause shown by either party to any civil 
cause set for trial or hearing at said term, to order such cause to be 
held or tried at the city of Newark, in said district, upon the day set 
for that purpose by said judge: Provided, That such application shall 
be made to said judge, either in vacation or term time, at least one week 
before the date set for trial of said cause, and on at least five days' 
notice_ to the opposite party or his or her attorney ; and writs of sub- 
poena to compel the attendance of witnesses at said city of Newark may 
issue, and jurors summoned to attend said term may be ordered by 
said judge to be in attendance upon said court in the city of Newark. 

Sec. 97. The State of New York is divided into four judicial dis- 
tricts, to be known as the northern, eastern, southern, and western dis- 
tricts of New York. The northern district shall include the territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Albany, Broome, Cayuga, Chenango, Clinton, Cortland, 
Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, 
Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Eens- 
selaer. Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, 
Tompkins, Warren, and Washington, with the waters thereof. Terms 
of the district court for said district shall be held at Albany on the 
second Tuesday in February; at IJtica on the first Tuesday in Decem- 
ber; at Bingham ton on the second Tuesday in June; at Auburn on the 
first Tuesday in October ; at Syracuse on the first Tuesday in April ; and, 
in the discretion of the judge of the court, one term annually at such 
time and place within the counties of Saratoga, Onondaga, Saint Law- 
rence, Clinton, Jefferson, Oswego, and Franklin, as he may from time 
to time appoint. Such appointment shall be made by notice of at least 
twenty days published in a newspaper published at the place where 



110 THE JUDICIAL CODE [§98 

said court is to be held. The eastern district shall include the territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Eichmond, Kings, Queens, Nassau, and Suffolk, with the 
waters thereof. Terms of the district court for said district shall be 
held at Brooklyn on the first Wednesday in every month. The southern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Columbia, Dutchess, 
Greene, New York, Orange, Putnam, Eockland, Sullivan, Ulster, and 
Westchester, with the waters thereof. Terms of the district court for 
said district shall be held at New York City on the first Tuesday in 
each month. The district courts of the southern and eastern districts 
shall have concurrent Jurisdiction over the waters within the counties of 
New York, Kings, Queens, Nassau, Eichmond, and Suffolk, .and over all 
seizures made and all matters done in such waters; all processes or 
orders issued within either of said courts or by any judge thereof shall 
run and be executed in any part of said waters. The western district 
shall include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Allegany, Cattaraugus, Chautauqua, 
Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, 
Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates, with the waters 
thereof. Terms of the district court for said district shall be held at 
Blmira on the second Tuesday in January; at Buffalo on the second 
Tuesdays in March and November; at Eochester on the second Tuesday 
in May; at Jamestown on the second Tuesday in July; at Lockport on 
the second Tuesday in October; and at Canandaigua on the second Tues- 
day in September. The regular sessions of the district court for the 
western district for the hearing of motions and for proceedings in 
bankruptcy and the trial of causes in admiralty, shall be held at Buffalo 
at least two weeks in each month of the year, except August, unless the 
business is sooner disposed of. The times for holding the same and 
such other special sessions as the court shall deem necessary shall be 
fixed by the rules of the court. All process in admiralty causes and pro- 
ceedings shall be made returnable at Buffalo. The judge of any district 
in the State of New York may perform the duties of the judge of any 
other district in such State upon the request of any resident judge 
entered in the minutes of his court; and in such cases such judge shall 
have the same powers as are vested in the resident judge. 

Sec. 98. The State of North Carolina is divided into two districts, 
to be known as the eastern and western districts of North Carolina. 
The eastern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Beaufort, Bertie, 



§ 99] DISTRICT COURTS— DISTRICTS, AND PROVISIONS m 

Bladen, Brunswick, Camden, Chatham, Cumberland, Currituck, Craven, 
Columbus, Chowan, Carteret, Dare, Duplin, Durham, Edgecomb, Frank- 
lin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johns- 
ton, Jones, Lenoir, Lee, Martin, Moore, Nash, New Hanover, North- 
ampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Person, 
Pitt, Eobeson, Eichmond, Sampson, Scotland, Tyrrell, Vance, Wake, 
Warren, Washington, Wayne, and Wilson. Terms of the district court 
for the eastern district shall be held at Elizabeth City on the second 
Mondays in April and October ; at Washington on the third Mondays in 
April and October; at Newbern on the fourth Mondays in April and 
October; at Wilmington on the second Monday after the fourth Mon- 
days in April and October ; and at Ealeigh on the fourth Monday after 
the fourth Mondays in April and October: Provided, That the city of 
Washington shall provide and furnish at its own expense a suitable and 
convenient place for holding the district court at Washington until a 
courthouse shall be constructed by the United States. The clerk of the 
court for the eastern district shall maintain an office in charge of him- 
self or a deputy at Ealeigh, at Wilmington, at Newbern, at Elizabeth 
City, and at Washington, which shall be kept open at all times for the 
transaction of the business of the court. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Alamance, Alexander, Ashe, Alleghany, Anson, 
Buncombe, Burke, Caswell, Cabarrus, Catawba, Cleveland, Caldwell, 
Clay, Cherokee, Davidson, Davie, Forsyth, Guilford, Gaston, Graham, 
Henderson, Haywood, Iredell, Jackson, Lincoln, Montgomery, Mecklen- 
burg, Mitchell, McDowell, Madison, Macon, Orange, Polk, Eandolph, 
Eockingham, Eowan, Eutherford, Stanley, Stokes, Surry, Swain, Tran- 
sylvania, Union, Wilkes, Watauga, Yadkin, and Yancey. Terms of the 
district court for the western district shall be held at Greensboro on the 
first Mondays in June and December; at Statesville on the third Mon- 
days in April and October; at Salisbury on the fourth Mondays in April 
and October ; at Asheville on the first Mondays in May and November ; 
. at Charlotte on the first Mondays in April and October ; and at Wilkes- 
boro on the fourth Mondays in May and November. The clerk of the 
court for the western district shall maintain an office in charge of him- 
self or a deputy at Greensboro, at Asheville, at Statesville, and at Wilkes- 
boro, which shall be kept open at all times for the transaction of the 
business of the court. 

Sec. 99. The State of North Dakota shall constitute one judicial 
district, to be known as the district of North Dakota. The territory 
embraced on the first day of July, nineteen hundred and ten, in the 



112 THE JUDICIAL CODE [i 100 

counties of Burleigh, Stutsman, Logan, Mcintosh, Emmons, Kidder, 
Foster, Wells, McLean, and Sheridan, and all the territory in said State 
lying west of the Missouri Eiver and south of the twelfth standard 
parallel, shall constitute the southwestern division of said district; 
and the territory embraced on the date last mentioned in the counties 
of Cass, Eichland, Barnes, Dickey, Sargent, Lamoure, Eansom, Griggs, 
and Steele, shall constitute the southeastern division; and the territory 
embraced on the date last mentioned in the counties of Grand Forks, 
Traill, Walsh, Pembina, Cavalier, and Nelson, shall constitute the north- 
eastern division; and the territory embraced on the date last mentioned 
in the counties of Eamsey, Eddy, Benson, Towner, Eolette, Bottineau, 
Pierce, and McHenry, shall constitute the northwestern division; and 
the territory embraced on the date last mentioned in the counties of 
Ward, Williams, and Montraille, and all the territory in said State lying 
west of the Missouri Eiver and north of the twelfth standard parallel, 
shall constitute the western division. The several Indian reservations 
and parts thereof within said State shall constitute a part of the several 
divisions within which they are res.pectively situated. Terms of the 
district court for the southwestern division shall be held at Bismarck on 
the first Tuesday in March; for the southeastern division, at Fargo on 
the third Tuesday in May; for the northeastern division, at Grand 
Forks on the second Tuesday in November; for the northwestern divi- 
sion, at Devils Lake on the first Tuesday in July; and for the western 
division, at Minot on the second Tuesday in October. The clerk of the 
court shall maintain an office in charge of himself or a deputy at each 
place at which court is now held in his district. 

Sec. 100. The State of Ohio is divided into, two judicial districts, to 
be known as the northern and southern districts of Ohio. The northern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Ashland, Ashtabula, Cuya- 
hoga, Carroll, Columbiana, Crawford, Geauga, Holmes, Lake, Lorain, 
Medina, Mahoning, Portage, Eichland, Summit, Stark, Tuscarawas, 
Trumbull, and Wayne, which shall constitute the eastern division; also 
the territory embraced on the date last mentioned in the counties of 
Auglaize, Allen, Defiance, Erie, Fulton, Henry, Hancock, Hardin, 
Huron, Lucas, Mercer, Marion, Ottawa, Paulding, Putnam, Seneca, 
Sandusky, Van Wert, Williams, Wood, and Wyandotte, which shall con- 
stitute the western division of said district. Terms of the district court 
for the eastern division shall be held at Cleveland on the first Tuesdays 
in February, April, and October, and at Youngstown on the first Tues- 
day after the first Monday in March; and for the western division, at 



§ 101] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 113 

Toledo on the last Tuesdays in April and October. Grand and petit 
jurors summoned for service at a term of court to be held at Cleveland 
may, if in the opinion of the court the public convenience so requires, 
be directed to serve also at the term then being held or authorized to 
be held at Youngstown. Crimes and offenses committed in the eastern 
division shall be cognizable at the terms held at Cleveland, or at Youngs- 
town, as the court may direct. Any suit brought in the eastern division 
may, in the discretion of the court, be tried at the term held at Youngs- 
town. The southern district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Adams, 
Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, 
Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, 
Shelby, and Warren, which shall constitute the western division; also 
the territory embraced on the date last mentioned in the counties of 
Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, 
Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, 
Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, 
Perry, Pickaway, Pike, Eoss, Union, Vinton, and Washington, which 
shall constitute the eastern division of said district. Terms of the dis- 
trict court for the western division shall be held at Cincinnati on the first 
Tuesdays in February, April, and October; and for the eastern division, 
at Columbus on the first Tuesdays in June and December: Provided, 
That terms of the district court for the southern -district shall be held 
at Dayton on the first Mondays in May and November. Prosecutions for 
crimes and offenses committed in any part of said district shall also be 
cognizable at the terms held at Dayton. All suits which may be brought 
within the southern district, or either division thereof, may be instituted, 
tried, and determined at the terms held at Dayton. 

Sec. 101. The State of Oklahoma is divided into two judicial dis- 
tricts, to be known as the eastern and the western districts of Okla- 
homa. The eastern district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Adair, 
Atoka, Bryan, Craig, Cherokee, Creek, Choctaw, Coal, Carter, Dela- 
ware, Garvin, Grady, Haskell, Hughes, Johnston, Jefferson, Latimer, 
Le Flore, Love, McClain, Mayes, Muskogee, Mcintosh, McCurtain, Mur- 
ray, Marshall, Nowata, Ottawa, Okmulgee, Ofuskee, Pittsburg, Pushmat- 
aha, Pontotoc, Eogers, Stephens, Sequoyah, Seminole, Tulsa, Washington, 
and Wagoner. Terms of the district court for the eastern district shall be 
held at Muskogee on the first Monday in January ; at Vinita on the first 
Monday in March; at Tulsa on the first Monday in April; at South 
McAlester on the first Monday in June; at Ardmore on the first Mon- 

Jud. Code — 8 



114 THE JUDICIAL CODE [§§102,103 

day in October; and at Chickasha on the first Monday in November in 
each year. The western district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleve- 
land, Comanche, Custer, Dewey, Ellis, Garfield, Grant, Greer, Harmon, 
Harper, Jackson, Kay, Kingfisher, Kiowa, Lincoln, Logan, Majors, Noble, 
Oklahoma, Osage, Pawnee, Payne, Pottawatomie, Eoger Mills, Texas, 
Tillman, Washita, Woods, and Woodward. Terms of the district court 
for the district shall be held at Guthrie on the first Monday in January ; 
at Oklahoma City on the first Monday in March; at Enid on the first 
Monday in June ; at Lawton on the first Monday in September ; and at 
Woodward on the first Monday in November: Provided, That suitable 
rooms and accommodations for holding court at Woodward are furnished 
free of expense to the United States. The clerk of the district court for 
the eastern district shall keep his ofBce at Muskogee, and the clerk for 
the western district at Guthrie, and shall maintain an ofBce in charge of 
himself or a deputy at Oklahoma City. 

Sec. 103. The State of Oregon shall constitute one judicial district, 
to be known as the district of Oregon. Terms of the district court shall 
be held at Portland on the first Mondays in March, July, and November ; 
at Pendleton on the first Tuesday in April ; and at Medford on the first 
Tuesday in October. The marshal and the clerk for said district shall 
each appoint, in the manner provided by law, at least one deputy at 
Pendleton and one at Medford, who shall reside and maintain an office 
at each of said places. 

Sec. 103. The State of Pennsylvania is divided into three judicial 
districts, to be known as the eastern, middle, and western districts of 
Pennsylvania. The eastern district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties of 
Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, North- 
ampton, Philadelphia, and Schuylkill. Terms of the district court shall 
be held at Philadelphia on the second Mondays in March and June, the 
third Monday in September, and the second Monday in December, each 
term to continue until the succeeding term begins. The middle district 
shall include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Adams, Bradford, Cameron, Carbon, 
Center, Clinton, Columbia, Cumberland, Dauphin, Franklin, Pulton, 
Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, 
Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder, Sulli- 
van, Susquehanna, Tioga, Union, Wayne, Wyoming, and York. Terms 
of the district court shall be held at Scranton on the fourth Monday in 



§§10i, 105] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 115 

February and the third Monday in October; at Harrisburg on the first 
Mondays in May and December; and at Williamsport on the second 
Mondays in January and June. The clerk of the court for the middle 
district shall maintain an office in charge of himself or a deputy at 
Harrisburg; and civil suits instituted at that place shall be tried there, 
if either party resides nearest that place of holding court, unless by 
consent of parties they are removed to another place for trial. The 
western district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Allegheny, Armstrong, 
Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, 
Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, Mc- 
Kean, Mercer, Somerset, Venango, Warren, Washington, and Westmore- 
land. Terms of the district court shall be held at Pittsburg on the first. 
Monday in May and the third Monday in October; and at Erie on the 
third Monday in July and the second Monday in January. 

Sec. 104. The State of Ehode Island shall constitute one judicial 
district, to be known as the district of Ehode Island. Terms of the dis- 
trict court shall be held at Providence on the fourth Tuesday in May 
and the third Tuesday in November; and at Newport on the second 
Tuesday in May and the third Tuesday in October. 

Sec. 105. The State of South Carolina is divided into two districts, 
to be known as the eastern and western districts of South Carolina. 
The western district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Abbeville, Anderson, 
Cherokee, Chester, Edgefield, Fairfield, Greenville, Greenwood, Lancaster, 
Laurens, Newberry, Oconee, Pickens, Saluda, Spartanburg, IJnion, and 
York. Terms of the district court for the western district shall be held 
at Greenville on the third Tuesdays in April and October. The eastern 
district shall include the territory embraced on the first day of July, nine- 
teen hundred and ten, in the counties of Aiken, Bamberg, Barnwell, 
Beaufort, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Col- 
leton, Darlington, Dorchester, Florence, Georgetown, Hampton, Horry, 
Kershaw, Lee, Lexington, Marion, Marlboro, Orangeburg, Eichland, 
Sumter, and Williamsburg. Terms of the district court for the eastern 
district shall be held at Charleston on the first Tuesdays in June and 
December; at Columbia on the thii'd Tuesday in January and the first 
Tuesday in November, the latter term to be solely for the trial of civil 
cases ; and at Florence on the first Tuesday in March. The offices of the 
clerk of the district court shall be at Greenville, and at Charleston ; and 
the clerk shall reside in one of said cities and have a deputy in the other. 

Sec. 106. The State of South Dakota shall constitute one judicial 



116 THE JUDICIAL CODE [§ 107 

district, to be known as the district of South Dakota. The territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, 
Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Kingsbury, Lake, 
Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, 
and Yankton, and in the Yankton Indian reservation, shall constitute 
the southern division of said district ; the territory embraced on the date 
last mentioned in the counties of Brown, Campbell, Clark, Codington, 
Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, 
Eoberts, Schnasse, Spink, and Walworth, and in the Sisseton and Wah- 
peton Indian reservation, and in that portion of the Standing Eock 
Indian reservation lying in South Dakota, shall constitute the northern 
division; the territory embraced on the date last mentioned in the coun- 
ties of Armstrong, Buffalo, Dewey, Paulk, Hand, Hughes, Hyde, Jerauld, 
Lyman, Potter, Stanley, and Sully, and in the Cheyenne Eiver, Lower 
Brule, and Crow Creek Indian reservations, shall constitute the central 
division; and the territory embraced on the date last mentioned in the 
counties of Bennett, Butte, Custer, Fall Eiver, Harding, Lawrence, 
Meade, Mellette, Pennington, Perkins, Shannon, Todd, Tripp, Washa- 
baugh, and Washington, and in the Eosebud and Pine Eidge Indian 
reservations, shall constitute the western division. Terms of the district 
court for the southern division shall be held at Sioux Falls on the first 
Tuesday in April and the third Tuesday in October; for the northern 
division, at Aberdeen on the first Tuesday in May and the second Tuesday 
in N"ovember; for the central division, at Pierre on the second Tuesday 
in June and the first Tuesday in October; and for the western division, 
at Deadwood on the third Tuesday in May and the first Tuesday in Sep- 
tember. The clerk of the district court shall maintain an office in charge 
of himself or a deputy at Sioux Falls, at Pierre, at Aberdeen, and at 
Deadwood, which shall be kept open for the transaction of the business 
of the court. 

Sec. 107. The State of Tennessee is divided into three districts, to 
be known as the eastern, middle, and western districts of Tennessee. 
The eastern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Bledsoe, Bradley, 
Hamilton, James, McMinn, Marion, Meigs', Polk, Ehea, and Sequatchie, 
which shall constitute the southern division of said district; also the ter- 
ritory embraced on the date last mentioned in the counties of Anderson, 
Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Mon- 
roe, Morgan, Eoane, Sevier, Scott, and Union, which shall constitute the 
northern division of said district; also the territory embraced on the 



§ 107] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 117 

date last mentioned in the counties of Carter, Cocke, Greene, Hamblen, 
Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington, which 
shall constitute the northeastern division of said district. Terms of the 
district court for the southern division of said district shall be 
held at Chattanooga on the fourth Mondays in May and ISTovember ; 
for the northern division, at Knoxville on the first Mondays in 
January and July; and for the northeastern division, at Green- 
ville on the last Mondays in March and September. The middle 
district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Bedford, 
Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, Grundy, 
Hickman, Humphreys, Houston, Lawrence, Lewis, Lincoln, Marshall, 
Maury, Montgomery, Moore, Eobertson, Eutherford, Stewart, Sumner, 
Trousdale, Warren, Wayne, Williamson, and Wilson, which shall consti- 
tute the Nashville division of said district ; also the territory embraced on 
the date last mentioned in the counties of Clay, Cumberland, DeKalb, 
Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Van Buren, 
and White, which shall constitute the northeastern division of said dis- 
trict. Terms of the district court for the Nashville division of said 
district shall be held at Nashville on the second Mondays in April and 
October; and for the northeastern division, at Cookeville on the second 
Mondays in May and November: Provided, That suitable accommoda- 
tions for holding court at Cookeville shall be provided by the county or 
municipal authorities without expense to the United States. The west- 
ern district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Dyer, Fayette, Haywood, 
Lauderdale, Shelby, and Tipton, which shall constitute the western 
division of said district; also the territory embraced on the date last 
mentioned in the counties of Benton, Carroll, Chester, Crockett, Decatur, 
Gibson, Hardeman, Hardin, Henderson, Henry, Lake, McNairy, Madi- 
son, Obion, Perry, and Weakley, including the waters of the Tennessee 
Eiver to low water mark on the eastern shore thereof wherever such river 
forms the boundary line between the western and middle districts of 
Tennessee, from the north line of the State of Alabama north to the 
point in Henry County, Tennessee, where the south boundary line of the 
State of Kentucky strikes the west bank of the river, which shall consti- 
tute the eastern division of said district. Terms of the district court for 
the western division of said district shall be held at Memphis on the 
fourth Mondays in May and November; and for the eastern division, at 
Jackson on the fourth Mondays in April and October. The clerk of the 
court for the western district shall appoint a deputy who shall reside at 



118 THE JUDICIAL, CODE [§ 108 

Jackson. The marshal for the western district shall appoint a deputy 
who shall reside at Jackson. The marshal for the eastern district shall 
appoint a deputy who shall reside at Chattanooga. The clerk of the 
court for the eastern district shall maintain an office in charge of him- 
self or a deputy at Knoxville, at Chattanooga, and at Greeneville, which 
shall be kept open at all times for the transaction of the business of the 
court. 

Sec. 108. The State of Texas is divided into four districts, to be 
known as the northern, eastern, western, and southern districts of Texas. 
The northern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Dallas, Ellis, 
Hunt, Johnson, Kaufman, Kavarro, and Eockwall, which shall constitute 
the Dallas division; also the territory embraced on the date last men- 
tioned in the counties of Archer, Baylor, Clay, Comanche, Erath, Poard, 
Hardeman, Hood, Jack, Palo Pinto, Parker, Tarrant, Wichita, Wilbar- 
ger, Wise, and Young, which shall constitute the Fort Worth division; 
also the territory embraced on the date last mentioned in the counties of 
Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collings- 
worth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, 
Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, 
King, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, 
Parmer, Potter, Eandall, Boberts, Sherman, Swisher, and Wheeler, which 
shall constitute the Amarillo division; also the territory embraced on 
the date last mentioned in the counties of Andrews, Borden, Callahan, 
Dawson, Eastland, Fisher, Gaines, Garza, Haskell, Howard, Jones, Kent, 
Knox, Lynn, Martin, Midland, Mitchell, ISTolan, Scurry, Shackelford, 
Stephens, Stonewall, Taylor, Terry, Throckmorton, and Yoakum, which 
shall constitute the Abilene division; also the territory embraced on the 
date last mentioned in the counties of Brown, Coke, Coleman, Concho, 
Crockett, Glasscock, Irion, Menard, Mills, Eunnels, Schleicher, Sterling, 
Sutton, Tom Green, and Upton, which shall constitute the San Angelo 
division of the said district. Terms of the district court for the Dallas 
division shall be held at Dallas on the second Monday in January and 
the first Monday in May; for the Fort Worth division, at Fort Worth 
on the first Monday in Kovember and the second Monday in March ; for 
the Amarillo division, at Amarillo on the third Monday ia April and the 
fourth Monday in September ; for the Abilene division, at Abilene on the 
first Monday in October and the second Monday in April; and for the 
San Angelo division, at San Angelo on the third Monday in October and 
the fourth Monday in April. The clerk of the court for the northern 
district shall maintain an office in charge of himself or a deputy at Dallas, 



§ 108] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 119 

at Fort Worth, at Amarillo, at Abilene, and at San Angelo, which shall 
be kept open at all times for the transaction of the business of the court. 
The eastern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Anderson, Angelina, 
Cherokee, Gregg, Henderson, Houston, Nacogdoches, Panola, Eains, 
Eusk, Smith, Van Zandt, and Wood, which shall constitute the Tyler 
division; also the territory embraced on the date last mentioned in the 
counties of Hardin, Jasper, JefEerson, Liberty, Newton, Orange, Sabine, 
San Augustine, Shelby, and Tyler, which shall constitute the Beaumont 
division; also the territory embraced on the date last mentioned in the 
counties of Collin, Cook, Denton, Grayson, and Montague, which shall 
constitute the Sherman division; also the territory embraced on the date 
last mentioned in the counties of Camp, Cass, Harrison, Hopkins, Marion, 
Morris and Upshur, which shall constitute the Jefferson division ; also the 
territory embraced on the date last mentioned in the counties of Delta, 
Fannin, Bed Eiver, and Lamar, which shall constitute the Paris division ; 
also the territory embraced on the date last mentioned in the counties of 
Bowie, Franklin, and Titus, which shall constitute the Texarkana 
division. Terms of the district court for the Tyler division shall be 
held at Tyler on the fourth Mondays in January and April; for the 
Jefferson division, at Jefferson on the first Monday in October and the 
third j\ronday in February; for the Beaumont division, at Beaumont on 
the third Monday in November and the first Monday in April; for the 
Sherman division, at Sherman on the first Monday in January and the 
third Monday in May ; for the Paris division, at Paris on the third Mon- 
day in October and the first Monday in March; and for the Texarkana 
division, at Texarkana on the third Monday in March and the first 
Monday in November. The clerk of the court for the eastern district 
shall maintain an office in charge of himself or a deputy at Sherman, at 
Beaumont, and at Texarkana, which shall be kept open at all times for 
the transaction of the business of said court. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, 
Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San 
Saba, Travis, Washington and Williamson, which shall constitute the 
Austin division; also the territory embraced on the date last mentioned 
in the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, 
Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, and Wilson, 
which shall constitute the San Antonio division; also the territory em- 
braced on the date last mentioned in the counties of Brewster, Crane, 
Ector, El Paso, Jeff Davis, Loving, Beeves, Presidio, Ward, and Winkler, 



120 THE JUDICIAL CODE [§ 108 

which shall constitute the El Paso division; also the territory embraced 
on the date last mentioned in the counties of Bell, Bosque, Coryell, Falls, 
Hamilton, Freestone, Hill, Leon, Limestone, McLennan, Milam, Robert- 
son, and Somervell, which shall constitute the Waco division; also the 
territory embraced on the date last mentioned in the counties of Kinney, 
Maverick, Pecos, Terrell, Uvalde, Valverde, and Zavalla, which shall 
constitute the Del Eio division. Terms of the district court for the 
Austin division shall be held at Austin on the fourth Monday in Jan- 
uary and the second Monday in June ; for the "Waco division, at Waco on 
the fourth Monday in February and the second Monday in November; 
for the San Antonio division, at San Antonio on the first Monday in 
May and the third Monday in December; for the El Paso division, at 
El Paso on the first Monday in April and the first Monday in October; 
and for the Del Eio division, at Del Eio on the third Monday in March 
and the fourth Monday in October. The clerk of the court for the 
western district shall maintain an ofiice in charge of himself or a deputy 
at Austin, El Paso, and at Del Eio, which shall be kept open at all times 
for the transaction of business. The southern district shall include the 
territory embraced on the first of July, nineteen hundred and ten, in the 
counties of Duval, La Salle, McMullen, Nueces, Webb, and Zapata, which 
shall constitute the Laredo division; also the territory embraced on the 
date last mentioned in the counties of Cameron, Hidalgo, and Starr, 
which shall constitute the Brownsville division; also the territory em- 
braced on the date last mentioned in the counties of Austin, Brazoria, 
Chambers, Galveston, Fort Bend, Matagorda, and Wharton, which shall 
constitute the Galveston division; also the territory embraced on the date 
last mentioned in the counties of Brazos, Colorado, Fayette, Grimes, 
Harris, Lavaca, Madison, Montgomery, Polk, San Jacinto, Trinity, 
Walker, and Waller, which shall constitute the Houston division; also 
the territory embraced on the date last mentioned in the counties of Bee, 
Calhoun, Dewitt, Goliad, Jackson, Live Oak, Eefugio, Aransas, San 
Patricio, and Victoria, which shall constitute the Victoria division. 
Terms of the district court for the Galveston division shall be held at 
Galveston on the second Monday in January and the first Monday in 
June; for the Houston division, at Houston on the fourth Mondays in 
February and September ; for the Laredo division, at Laredo on the third 
Monday in April and the second Monday in November; for the Browns- 
ville division, at Brownsville on the second Monday in May and the first 
Monday in December; and for the Victoria division, at Victoria on the 
first Monday in May and the fourth Monday in November. The clerk 
of the court for the southern district shall maintain an ofiB.ce in charge 



§ 109] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 121 

of himself or a deputy at each of the places now designated for holding 
court in said district. 

Sec. 109. The State of Utah shall constitute one judicial district, to 
be known as the district of Utah. It is divided into two divisions, to 
be known as the northern and central divisions. The northern division 
shall include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Boxelder, Cache, Davis, Morgan, 
Eich, and Weber. The central division shall include the territory em- 
braced on the date last mentioned in the counties of Beaver, Carbon, 
Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, 
San Juan, San Pete, Sevier, Summit, Tooele, Uinta, Utah, Wasatch, 
Washington, and Wayne. Terms of the district court for the northern 
division shall be held at Ogden on the second Mondays in March and 
September ; and for the central division, at Salt Lake City on the second 
Mondays in April and November. The clerk of the court for said 
district shall maintain an office in charge of himself or a deputy at each 
of the places where the court is now required to be held in the district. 

Sec. 110. The State of Vermont shall constitute one judicial dis- 
trict, to be known as the district of Vermont. Terms of the district court 
shall be held at Burlington on the fourth Tuesday in February ; at Wind- 
sor on the third Tuesday in May; and at Eutland on the first Tuesday in 
October. In each year one of the stated terms of the district court 
may, when adjourned, be adjourned to meet at Montpelier, and one at 
Newport. 

Sec. 111. The State of Virginia is divided into two districts, to be 
known as the easteren and western districts of Virginia. The eastern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Accomac, Alexandria, 
Amelia, Brunswick, Caroline, Charles City, Chesterfield, Culpeper, Din- 
widdle, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, GoocUand, 
Greensville, Hanover, Henrico, Isle of Wight, James City, King and 
Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunen- 
berg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, 
Northampton, Northumberland, Nottoway, Orange, Powhatan, Prince 
Edward, Prince George, Prince William, Princess Anne, Eichmond, 
Southampton, Spottsylvania, Stafford, Surry, Sussex, Warwick, West- 
moreland, and York. Terms of the district court shall be held at Eich- 
mond on the first Mondays in April and October ; at Norfolk on the first 
Mondays in May and November ; and at Alexandria on the first Mondays 
in January and July. The western district shall include the territory 
embraced on the first day of July, nineteen hundred and ten, in the coun- 



122 THE JUDICIAL CODE [§ 112 

ties of Alleghany, Albemarle, Amherst, Appomattox, Augusta, Bath, Bed- 
ford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Char- 
lotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, 
Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Madi- 
son, Montgomery, Nelson, Page, Patrick, Pulaski, Pittsylvania, Eappa- 
hannock, Roanoke, Eockbridge, Eockingham, Eussell, Scott, Shenan- 
doah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe. 
Terms of the district court shall be held at Lynchburg on the 
Tuesdays after the second Mondays in March and September; at Dan- 
ville on the Tuesdays after the second Mondays in April and November ; 
at Abingdon on the Tuesdays after the first Mondays in May and Octo- 
ber; at Harrisonburg on the Tuesdays after the first Mondays in June 
and December; at, Charlottesville on the second Monday in January and 
the first Monday in July; at Eoanoke on the third Monday in February 
and the third Monday in June; and at Big Stone Gap on the fourth 
Monday in January and the second Monday in August. The clerk of 
the court for the western district shall maintain an office in charge of 
himself or a deputy at Lynchburg, at Danville, at Charlottesville, at 
Eoanoke, at Abingdon, and at Big Stone Gap, which shall be kept open 
at all times for the transaction of the business of the court. 

Sec. 112. The State of Washington is divided into two districts, to 
be known as the eastern and western districts of Washington. The 
eastern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Spokane, Stevens, 
Ferry, Okanogan, Chelan, Grant, Douglas, Lincoln, and Adams, with the 
waters thereof, including all Indian reservations within said counties, 
which shall constitute the northern division; also the territory embraced 
on the date last mentioned in the counties of Asotin, Garfield, "^^Tiitman, 
Columbia, Franklin, Walla Walla, Benton, Klickitat, Kittitas, and Yaki- 
ma, with the waters thereof, including all Indian reservations within said 
counties, which shall constitute the southern division of said district. 
Terms of the district court for the northern division shall be held at Spo- 
kane on the first Tuesdays in April and September ; for the southern divi- 
sion, at Walla Walla on the first Tuesdays in June and December, and at 
North Yakima on the first Tuesdays in May and October. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Whatcom, Skagit, Snoho- 
mish, King, San Juan, Island, Kitsap, Clallam, and Jefferson, with the 
waters thereof, including all Indian reservations within said counties, 
which shall constitute the northern division ; also the territory embraced 
on the date last mentioned in the counties of Pierce, Mason, Thurston, 



§ 113] DISTRICT COURTS— DISTRICTS, AND PROVISIONS 123 

Chehalis, Pacific, Lewis, Wahkiakum, Cowlitz, Clarke, and Skamania, 
with the waters thereof, including all Indian reservations within said 
counties, which shall constitute the southern division of said district. 
Terms of the district court for the northern division shall be held at 
Bellingham on the first Tuesdays in April and October; at Seattle on 
the first Tuesdays in May and November ; and for the southern division, 
at Tacoma on the first Tuesdays in February and July. The clerks of the 
courts for the eastern and western districts shall maintain an office in 
charge of himself or a deputy at each place in their respective districts 
where terms of court are now required to be held. 

Sec. 113. The State of West Virginia is divided into two districts, 
to be known as the northern and southern districts of West Virginia. 
The northern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Hancock, 
Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, Eitchie, Dod- 
dridge, Wetzel, Monongalia, Marion, Harrison, Lewis, Gilmer, Calhoun, 
Upshur, Barbour, Taylor, Preston, Tucker, Eandolph, Pendleton, Hardy, 
Grant, Mineral, Hampshire, Morgan, Berkeley, and Jefferson, with the 
waters thereof. Terms of the district court for the northern district shall 
be held at Martinsburg, the first Tuesday of April and the third Tuesday 
of September ; at Clarksburg, the second Tuesday of April and the first 
Tuesday of October ; at Wheeling, the first Tuesday of May and the third 
Tuesday of October; at Philippi, the fourth Tuesday of May and first 
Tuesday of November; at Parkersburg, the second Tuesday of January 
and second Tuesday of June : Provided, That a place for holding court 
at Philippi shall be furnished the Government free of cost by Barbour 
County until other provision is made therefor by law. The southern 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Jackson, Eoane, Clay, Brax- 
ton, Webster, Nicholas, Pocahontas, Greenbrier, Fayette, Boone, Ka- 
nawha, Putnam, Mason, Cabell, Wayne, Lincoln, Logan, Mingo, Ealeigh, 
Wyoming, McDowell, Mercer, Summers, and Monroe, with the waters 
thereof. Terms of the district court for the southern district shall be 
held at Charleston on the first Tuesday in June and the third Tuesday 
in November ; at Huntington, on the first Tuesday in April and the first 
Tuesday after the third Monday in September ; at Bluefield, on the first 
Tuesday in May and the third Tuesday in October ; at Addison, on the 
first Monday in September ; and at Lewisburg, on the second Tuesday in 
February : Provided, That accommodations for holding court at Addison 
shall be furnished without cost to the United States. 

Sec. 114. The State of Wisconsin is divided into two districts, to 



134 THE JUDICIAL CODE [§ 114 

be known as the eastern and western districts of Wisconsin. The eastern 
districts shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Brown, Calumet, Dodge, 
Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, 
Langlade, Manitowoc, Marinette, Marquette, Milwaukee, Oconto, Outaga- 
mie, Ozaukee, Eacine, Shawano, Sheboygan, Walworth, Washington, 
Waukesha, Waupaca, Waushara, and Winnebago. Terms of the district 
court for said district shall be held at Milwaukee on the first Mondays in 
January and October; at Oshkosh on the second Tuesday in June; and 
at Green Bay on the first Tuesday in April. The western district shall 
include the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Adams, Ashland, Barron, Bayfield, Buffalo, 
Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Dunn, Douglas, 
Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jeflrerson, Juneau, La 
Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, 
Polk, Portage, Price, Eichland, Eock, Eusk, Saint Croix, Sauk, Sawyer, 
Taylor, Trempealeau, Vernon, Vilas, Washburn, and Wood. Terms of 
the district court for said district shall be held at Madison on the first 
Tuesday in December ; at Eau Claire on the first Tuesday in June ; at La 
Crosse on the third Tuesday in September ; and at Superior on the fourth 
Tuesday in January and the second Tuesday in July. The district 
court for each of said districts shall be open at all times for the pur- 
pose of hearing and deciding causes of admiralty and maritime juris- 
diction, so far as the same can be done without a jury. The clerk of 
the court for the western district shall maintain an office in charge of 
himself or a deputy at Madison, at La Crosse, and at Superior, which 
shall be kept open at all times for the transaction of the business of 
the court. The marshal for the western district shall appoint a deputy 
marshal who shall reside and keep his office at Superior. All writs and 
other process, except criminal warrants, issued at Superior, may be made 
returnable at Superior; and the clerk at that place shall keep in his 
ofiiee the original records of all actions, prosecutions, and special proceed- 
ings so commenced and pending therein. Criminal warrants may be 
returned at any place within the district where court is held. Whenever 
warrants issued at Superior shall be returned at any other place, the 
clerk of the court wherein the warrant is returned, shall certify the same, 
under the seal of the court, together with the plea and other proceedings 
had thereon, and the determination of the court upon such plea or pro- 
ceedings, with all papers and orders filed in reference thereto, to the clerk 
of the court at Superior ; and the clerk at Superior shall enter upon his 
records a minute of the proceedings had upon the return of said warrant. 



§ 115] DISTRICT COURTS— DISTRICTS. AND PROVISIONS 125 

certified as aforesaid. All causes and proceedings instituted in the court 
at Superior, shall be tried therein, unless by consent of the parties, or 
upon the order of the court, they are transferred to another place for 
trial. 

Sec. 115. The State of Wyoming and the Yellowstone ISTational Park 
shall constitute one judicial district, to be known as the district of 
Wyoming. Terms of the district court for said district shall be held 
at Cheyenne on the second Mondays in May and November ; at Evanston 
on the second Tuesday in July; and at Lander on the first Monday in 
October ; and the said court shall hold one session annually at Sheridan, 
and in said national park, on such dates as the court may order. The 
marshal and clerk of the said court shall each, respectiTely, appoint at 
least one deputy to reside at Evanston, and one to reside at Lander, 
unless he himself shall reside there, and shall also maintain an office at 
each of those places : Provided, That until a public building is provided 
at Lander, suitable accommodations for holding court in said town shall 
be furnished the Government at an expense not to exceed three hundred 
dollars annually. The marshal of the United States for the said district 
may appoint one or more deputy marshals for the Yellowstone National 
Park, who shall reside in said park. 



Chapter Six. 

CIECUIT COUETS or APPEALS. 

Sec. Sec. 

116. Circuits. 128. Jurisdiction; when judgment 

117. Circuit courts of appeals. final. 

118. Circuit judges. 129. Appeals in proceedings for in- 

119. Allotment of justices to the cir- junctions and receivers. 

cuits. 130. Appellate and supervisory juris- 

120. Chief justice and associate jus- diction under the bankrupt act. 

tices of Supreme Court, and dis- 131. Appeals from the United States 

trict judges, may sit in circuit court for China. 

court of appeals. 132. Allowance of appeals, etc. 

121. Justices allotted to circuits, how 133. Writs of error and appeals from 

designated. the supreme courts of Arizona 

122. Seals, forms of process, and rules. and New Mexico. 

123. Marshals. 134. Writs of error and appeals from 

124. Clerks. district court for Alaska to cir- 

125. Deputy clerks; appointment and cuit court of appeals for ninth 

removal. circuit; court may certify ques- 

126. Terms. tions to the Supreme Court. 

127. Eooms for court, how provided. 135. Appeals and writs of error from 

Alaska; where heard. 

Sec. 116. There shall be nine judicial circuits of the United 
States, constituted as follows: 

First. The first circuit shall include the districts of Rhode 
Island, Massachusetts, New Hampshire, and Maine. 

Second. The second circuit shall include the districts of 
Vermont, Connecticut, and New York. 

Third. The third circuit shall include the districts of Penn- 
sylvania, New Jersey, and Delaware. 

Fourth. The fourth circuit shall include the districts of 
Maryland, Virginia, West Virginia, North Carolina, and South 
Carolina. 

Fifth. The fifth circuit shall include the districts of 
Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. 

Sixth. The sixth circuit shall include the districts of Ohio, 
Michigan, Kentucky, and Tennessee. 

§ 116] 127 



128 THE JUDICIAL CODE [§ 117 

Seventh. The seventh circuit shall include the districts of 
Indiana, Illinois, and Wisconsin. 

Eighth. The eighth circuit shall include the districts of 
Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, 
Colorado, "Wyoming, North Dakota. South Dakota, Utah, and 
Oklahoma. 

Ninth. The ninth circuit shall include the districts of Cali- 
fornia, Oregon, Nevada, Washington, Idaho, Montana, and 
Hawaii. 

Superseding § 604, E. S. U. S., 1 Comp. Stat. p. 485, 4 Fed. Stat. 
Ann. 59, Pierce, Code, § 7115. For earlier statutes defining the circuits, 
see Introduction, Title "The Earlier Judiciary Acts." 

Sec. 117. There shall be in each circuit a circuit court of 
appeals, which shall consist of three judges, of whom two shall 
constitute a quorum, and which shall be a court of record, with 
appellate jurisdiction, as hereinafter limited and established. 

Superseding Act of March 3, 1891, § 2, 26 Stat, at L. 826, 4 Fed. Stat. 
Ann. 395, 1 Comp. Stat. p. 547, Pierce, Code § 7247. 

Sec. 118. There shall be in the second, seventh, and eighth 
circuits, respectively, four circuit judges, in the fourth circuit, 
two circuit judges, and in each of the other circuits, three cir- 
cuit judges, to be appointed by the President, by and with the 
advice and consent of the Senate. They shall be entitled to 
receive a salary at the rate of seven thousand dollars a year, 
each, payable monthly. Each circuit judge shall reside within 
his circuit. 

See the various Acts providing for additional judges in the circuits, in 
addition to the Judge for each circuit provided by § 607, E. S. U. S., 1 
Comp. Stat. 487. 

As; Act of March 3, 1887, c. 347, 24 Stat, at L. 492; Act March 3, 
1891, c. 517, § 1, 26 Stat, at L. 826. 

Sec. 119. The Chief Justice and associate justices of the 
Supreme Court shall be allotted among the circuits by an 
order of the court, and a new allotment shall be made when- 
ever it becomes necessary or convenient by reason of the al- 
teration of any circuit, or of the new appointment of a Chief 
Justice or associate justice, or otherwise. If a new allotment 



FJRST CIRCUIT 




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129 




130 




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131 



FOURTH CIRCUr 




132 




133 



SIXTH CIRCUIT 




SEVENTH CIRCUIT 




135 



EIGHTH OIROUIT 




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NINTH CIRCUIT 

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NINTH CIRCUIT 

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§ 120] CIRCUIT COURTS OF APPEALS 139 

becomes necessary at any otlier time than during a term, it 
shall be made by the Chief Justice, and shall be binding until 
the next term and until a new allotment by the court. When- 
ever, by reason of death or resignation, no justice is allotted 
to a circuit, the Chief Justice may, until a justice is regularly 
allotted thereto, temporarily assign a justice of another circuit 
to such circuit. 

See § 606 E. S. U. S., 1 Comp. Stat. p. 487, 4 Fed. Stat. Ann. p. 238, 
Pierce, Code § 7122. 

Sec. 120. The Chief Justice and the associate justices of 
the Supreme Court assigned to each circuit, and the several 
district judges within each circuit, shall be competent to sit as 
judges of the circuit court of appeals within their respective 
circuits. In case the Chief Justice or an associate justice of 
the Supreme Court shall attend at any session of the circuit 
court of appeals, he shall preside. In the absence of such 
Chief Justice, or associate justice, the circuit judges in attend- 
ance upon the court shall preside in the order of the seniority 
of their respective commissions. In case the full court at any 
time shall not be made up by the attendance of the Chief Jus- 
tice or the associate justice, and the circuit judges, one or more 
district judges within the circuit shall sit in the court accord- 
ing to such order or provision among the district judges as 
either by general or particular assignment shall be designated 
by the court : Provided, That no judge before whom a cause or 
question may have been tried or heard in a district court, or 
existing circuit court, shall sit on the trial or hearing of such 
cause or question in the circuit court of appeals. 

Based upon § 3, Act Feb. 19, 1897, 29 Stat, at L. 536, 4 Fed. Stat. 
Ann. 434, 1 Comp. Stat. 547, Pierce, Code § 7248. 

Sec. 121. The words "circuit justice" and "justice of a 
circuit, ' ' when used in this title, shall be understood to desig- 
nate the justice of the Supreme Court who is allotted to any 
circuit; but the word "judge," when applied generally to any 
circuit, shall be understood to include such justice. 

Ee-enacting § 605, E. S. U. S., 1 Comp. Stat. p. 486, 4 Fed. Stat. 
Ann. p. 59, Pierce, Code § 7121. 



140 THE JUDICIAL C0DE3 [§ 122 

Sec. 122. Each, of said circuit courts of appeals shall pre- 
scribe the form and style of its seal, and the form of writs and 
other process and procedure as may be conformable to the 
exercise of its jurisdiction ; and shall have power to establish 
all rules and regulations for the conduct of the business of 
the court within its jurisdiction as conferred by law. 

See Act of March 3, 1891, c. 517 § 2, 36 Stat, at L. 826. 

Sec. 123. The United States marshals in and for the sev- 
eral districts of said courts shall be the marshals of said circuit 
courts of appeals, and shall exercise the same powers and per- 
form the same duties, under the regulations of the court, as 
are exercised and performed by the marshal of the Supreme 
Court of the United States, so far as the same may be applic- 
able. 

See Act of July 16, 1892, c. 196, § 1, 27 Stat, at L. p. 322, 1 Comp. 
Stat. p. 555. 

Sec. 124. Each court shall appoint a clerk, who shall exer- 
cise the same powers and perform the same duties in regard 
to all matters within its jurisdiction, as are exercised and per- 
formed by the clerk of the Supreme Court, so far as the same 
may be applicable. 

See Act of March 3, 1891, c. 517, § 2 ; 26 Stat, at L. 826, 1 Comp. 
Stat. p. 547. 

Sec. 125. The clerk of the circuit court of appeals for each 
circuit may, with the approval of the court, appoint such num- 
ber of deputy clerks as the court may deem necessary. Such 
deputies may be removed at the pleasure of the clerk appoint- 
ing them, with the approval of the court. In case of the death 
of the clerk his deputy or deputies shall, unless removed by the 
court, continue in office and perform the duties of the clerk in 
his name until a clerk is appointed and has qualified ; and for 
the defaults or misfeasances in office of any such deputy, 
whether in the lifetime of the clerk or after his death, the 
clerk and his estate and the sureties on his official bond shall 
be liable, and his executor or administrator shall have such 
remedy for such defaults or misfeasances committed after 



§ 126] CIRCUIT COURTS OF APPEALS 141 

his death as the clerk would be entitled to if the same had 
occurred in his lifetime. 

Ee-enacting § 558, E. S. U. S., 1 Comp. Stat. p. 453, 4 Fed. Stat. 
Ann. p. 74, Pierce, Code § 6989. 

Sec. 126. A term shall be held annually by the circuit courts 
of appeals in the several judicial circuits at the following 
places, and at such times as may be fixed by said courts, 
respectively : In the first circuit, in Boston ; in the second cir- 
cuit, in New York ; in the third circuit, in Philadelphia ; in the 
fourth circuit, in Richmond; in the fifth circuit, in New Or- 
leans, Atlanta, Fort Worth, and Montgomery ; in the sixth cir- 
cuit, in Cincinnati; in the seventh circuit, in Chicago; in the 
eighth circuit, in Saint Louis, Denver or Cheyenne, and Saint 
Paul ; in the ninth circuit, in San Francisco, and each year in 
two other places in said circuit to be designated by the judges 
of said court ; and in each of the above circuits, terms may be 
held at such other times and in such other places as said courts, 
respectively, may from time to time designate : Provided, That 
terms shall be held in Atlanta on the first Monday in October, 
in Fort Worth on the first Monday in November, in Mont- 
gomery on the third Monday in October, in Denver or in Chey- 
enne on the first Monday in September, and in St. Paul on the 
first Monday in May. All appeals, writs of error, and other 
appellate proceedings which may be taken or prosecuted from 
the district courts of the United States in the State of Georgia, 
in the State of Texas, and in the State of Alabama, to the cir- 
cuit court of appeals for he fifth judicial circuit shall be heard 
and disposed of, respectively, by said court at the terms held 
in Atlanta, in Fort Worth, and in Montgomery, except that 
appeals or writs of error in cases of injunctions and in all 
other cases which, under the statutes and rules, or in the 
opinion of the court, are entitled to be brought to a speedy 
hearing may be heard and disposed of wherever said court 
may be sitting. All appeals, writs of errors, and other appel- 
late proceedings which may hereafter be taken or prosecuted 
from the district court of the United States at Beaumont, 
Texas, to the circuit court of appeals for the fifth circuit, shall 



143 THE JUDICIAL, CODE [§ 126 

be heard and disposed of by tbe said circuit court of appeals 
at the terms of court beld at New Orleans: Provided, That 
nothing herein shall prevent the court from hearing appeals 
or writs of error wherever the said courts shall sit, in cases 
of injunctions and in all other cases which, under the statutes 
and the rules, or in the opinion of the court, are entitled to be 
brought to a speedy hearing. All appeals, writs of error, and 
other appellate proceedings which may be taken or prosecuted 
from the district courts of the United States in the States of 
Colorado, Utah, and Wyoming, and the supreme court of the 
Territory of New Mexico to the circuit court of appeals for the 
eighth judicial circuit, shall be heard and disposed of by said 
court at the terms held either in Denver or in Cheyenne, ex- 
cept that any case arising in any of said States or Territory 
may, by consent of all the parties, be heard and disposed of 
at a term of said court other than the one held in Denver or 
Cheyenne. 

(From the Eegister of the Department of Justice.) 

Times and Places of Holding Ciecdit Courts ov Appeals. First 
circuit: Annual term, first Tuesday in October; stated sessions, first 
Tuesday in every month; sessions for hearing cases, first Tuesday in 
January and October, and second Tuesday in April, at Boston, Mass. 

Second circuit: Second Monday in October, at New York City. 

Third circuit : First Tuesday in March and first Tuesday in October, 
at Pliiladelphia. 

Fourth circuit : First Tuesday in February, first Tuesday in May, and 
first Tuesday in November, at Eichmond, Va. 

Fifth circuit: First Monday in October, at Atlanta, Ga. ; third Mon- 
day in October, at Montgomery, Ala,; first Monday in November, at 
Fort Worth, Tex. ; and third Monday in November, at New Orleans, La. 

Sixth circuit: Tuesday after the first Monday of October, and ad- 
journed sessions on the Tuesday after first Monday of each month in the 
year, except August and September, at Cincinnati, Ohio. At the July 
session no causes will be heard, except upon special order of the court. 

Seventh circuit : First Tuesday in October. Term is divided into three 
sessions, beginning on first Tuesdays in October and January, and second 
Tuesday in April, at Chicago, 111. 

Eighth circuit : First Monday in May, at St. Paul, Minn. ; first Mon- 



§ 127] CIRCUIT COURTS OP APPEALS 143 

day in September, at Denver, Colo, (or by the provisions of above § 126, 
at Cheyenne, Wyo.) ; first Monday in December, at St. Louis, Mo. 

Ninth circuit : At San Francisco, Cal., annual term, commencing firet 
Monday in October; adjourned sessions on first Monday in each month; 
calendar sessions for hearing of causes at San Francisco, Cal., commence 
on first Monday in October, February, and May, respectively. At Seattle, 
Wash., annual term, second Monday in September, for hearing of causes. 
At Portland, Oreg., annual term, third Monday in September, for hearing 
of causes. 

Sec. 127. The marshals for the several districts in which 
said circuit courts of appeals may be held shall, under the 
direction of the Attorney General, and with his approval, pro- 
vide such rooms in the public buildings of the United States 
as may be necessary for the business of said courts, and pay 
all incidental expenses of said court, including criers, bailiffs, 
and messengers : Provided, That in case proper rooms can not 
be provided in such buildings, then the marshals, with the ap- 
proval of the Attorney General, may, from time to time, lease 
such rooms as may be necessary for such courts. 

Superseding Act of March 3, 1891, c. 517, § 9, 26 Stat, at L. 829, 1 
Comp. Stat. 829. 

Sec. 128. The circuit courts of appeals shall exercise ap- 
pellate jurisdiction to review by appeal or writ of error final 
decisions in the district courts, including the United States 
district court for Hawaii, in all cases other than those in which 
appeals and writs of error may be taken direct to the Supreme 
Court, as provided in section two hundred and thirty-eight, 
unless otherwise provided by law ; and, except as provided in 
sections two hundred and thirty-nine and two hundred and 
forty, the judgments and decrees of the circuit courts of ap- 
peals shall be final in all cases in which the jurisdiction is de- 
pendent entirely upon the opposite parties to the suit or con- 
troversy being aliens and citizens of the United States, or 
citizens of different States ; also in all cases arising under the 
patent laws, under the copyright laws, under the revenue laws, 
and under the criminal laws, and in admiralty cases. 

See Act of March 3, 1891, c. 517, § 6, 26 Stat, at L. 828, 1 Comp. 
Stat. p. 649, 4 Fed. Stat. Ann. 434, Pierce, Code § 7251. 



144 THE JUDICIAL CODE [§ 129 

Sec. 129. Where upon a hearing in equity in a district 
court, or by a judge thereof in vacation, an injunction shall be 
granted, continued, refused, or dissolved by an interlocutory 
order or decree, or an application to dissolve an injunction 
shall be refused, or an interlocutory order or decree shall be 
made appointing a receiver, an appeal may be taken from such 
interlocutory order or decree granting, continuing, refusing, 
dissolving, or refusing to dissolve, an injunction, or appoint- 
ing a receiver to the circuit court of appeals, notwithstanding 
an appeal in such case might, upon final decree under the 
statutes regulating the same, be taken directly to the Supreme 
Court : Provided, That the appeal must be taken within thirty 
days from the entry of such order or decree, and it shall take 
precedence in the appellate court ; and the proceedings in other 
respects in the court below shall not be stayed unless other- 
wise ordered by that court, or the appellate court, or a judge 
thereof, during the pendency of such appeal : Provided, how- 
ever. That the court below may, in its discretion, require as a 
condition of the appeal an additional bond. 

See Act of April 14, 1906, § 7, 34 Stat. atL. 116, 1 Comp. Stat. p. 550, 
Pierce, Code § 7252. The above section of the Judicial Code is a sub- 
stantial re-enactment of the Act of March 3, 1891, c. 517, § 7, 26 
Stat, at L. 828 as amended by the Act of February 18, 1896, c. 96, 28 
Stat, at L. 666. 

Sec. 130. The circuit courts of appeals shall have the ap- 
pellate and supervisory jurisdiction conferred upon them by 
the Act entitled "An Act to establish a imiform system of 
bankruptcy throughout the United States," approved July 
first, eighteen hundred and ninety-eight, and all laws amenda- 
tory thereof, and shall exercise the same in the manner there- 
in prescribed. 

See Act of July 1, 1898, § 24, 30 Stat, at L. 544, 3 Comp. Stat. p. 3431, 
1 Fed. Stat. Ann. p. 529, Pierce, Code § 1377. 

Sec. 131. The circuit court of appeals for the ninth circuit 
is empowered to hear and determine writs of error and ap- 
peals from the United States court for China, as provided in 
the Act entitled "An Act creating a United States court for 



§ 132] CIRCUIT COURTS OF APPEALS 145 

China and prescribing the jurisdiction thereof," approved 
June thirtieth, nineteen hundred and six. 

See Act of June 30, 1906, 34 Stat, at L. 814, Pierce, Code § 7894. 

Sec. 132. Any judge of a circuit court of appeals, in respect 
of cases brought or to be brought before that court, shall have 
the same powers and duties as to allowance of appeals and 
writs of error, and the conditions of such allowances, as by law 
belong to the justices or judges in respect of other courts of 
the United States, respectively. 

Superseding Act of March 3, 1891, § 13, c. 517, 26 Stat, at L. 829, 1 
Comp. Stat. p. 553, Pierce, Code § 7257. 

Sec. 133. The circuit court of appeals, in cases in which 
their judgments and decrees are made final by this title, shall 
have appellate jurisdiction, by writ of error or appeal, to re- 
view the judgments, orders, and decrees of the supreme courts 
of Arizona and New Mexico, as by this title they may have to 
review the judgments, orders, and decrees of the district 
courts ; and for that purpose said Territories shall, by orders 
of the Supreme Court of the United States, to be made from 
time to time, be assigned to particular circuits. 

See Act of March 3, 1891, c. 517, § 15, 26 Stat, at L. 830, 1 Comp. 
Stat. p. 554. 

Sec. 134. In all cases other than those in which a writ of 
error or appeal will lie direct to the Supreme Court of the 
United States as provided in section two hundred and forty- 
seven, in which the amount involved or the value of the sub- 
ject-matter in controversy shall exceed five hundred dollars, 
and in all criminal cases, writs of error and appeals shall lie 
from the district court for Alaska or from any division there- 
of, to the circuit court of appeals for the ninth circuit, and the 
judgments, orders, and decrees of said court shall be final in 
all such cases. But whenever such circuit court of appeals may 
desire the instruction of the Supreme Court of the United 
States upon any question or proposition of law which shall 
have arisen in any such case, the court may certify such ques- 
tion or proposition to the Supreme Court, and thereupon the 
Supreme Court shall give its instruction upon the question 

Jua. Code — 10 



146 THE JUDICIAL CODE [§ 135 

or proposition certified to it, and its instructions shall be bind- 
ing upon the circuit court of appeals. 

See Act of March 3, 1891, c. 517, § 6, 26 Stat, at L. 828. 

Sec. 135. All appeals, and writs of error, and other cases, 
coming from the district court for the district of Alaska to the 
circuit court of appeals for the ninth circuit, shall be entered 
upon the docket and heard at San Francisco, California, or at 
Portland, Oregon, or at Seattle, Washington, as the trial court 
before whom the case was tried below shall fix and determine : 
Provided, That at any time before the hearing of any appeal, 
writ of error, or other case, the parties thereto, through their 
respective attorneys, may stipulate at which of the above- 
named places the same shall be heard, in which case the case 
shall be remitted to and entered upon the docket at the place 
so stipulated and shall be heard there. 



Chapter Seven. 



THE COURT OP CLAIMS. 



Sec. Sec. 

136. Appointment, oath, and salary of 160. 

judges. 161. 

137. Seal. 

138. Session; quorum. 162. 

139. Officers of the court. 

140. Salaries of officers. 163. 

141. Clerk's bond. 164. 

142. Contingent fund. 

143. Eeports to Congress; copies for 165. 

departments, etc. 166'. 

144. Members of Congress not to prac- 167. 

tice in the court. 168. 

145. Jurisdiction. 169. 

Par. 1. Claims against the United 170. 

States. 171. 

2. Set-offs. 

3. Disbursing officers. 172. 

146. Judgments for set-off or counter- 173. 

claims; how enforced. 

147. Decree on accounts of disbursing 174. 

officers. 175. 

148. Claims referred by departments. 

149. Procedure in cases transmitted by 176. 

departments. 177. 

150. Judgments in cases transmitted 178. 

by departments; how paid. 179. 

151. Either House of Congress may 180. 

refer certain claims to court. 

152. Costs may be allowed prevailing 181. 

party. 182. 

153. Claims growing out of treaties 183. 

not cognizable therein. 

154. Claims pending in other courts. 184. 

155. Aliens. 

156. All claims to be filed within six 185. 

years; exceptions. 

157. Eules of practice; may punish 186. 

contempts. 

158. Oaths and acknowledgments. 

159. Petitions and verification. 



Petition dismissed, when. 
Burden of proof and evidence as 

to loyalty. 
Claims for proceeds arising from 

sales of abandoned property. 
Commissioners to take testimony. 
Power to call upon departments 

for information. 
When testimony not to be taken. 
Examination of claimant. 
Testimony; where taken. 
Witnesses before commissioners. 
Cross-examinations. 
Witnesses; how sworn. 
Fees of commissioners, by whom 

paid. 
Claims forfeited for fraud. 
Claims under act of June 16, 

1874. 
New trial on motion of claimant. 
New trial on motion of United 

States. 
Cost of printing record. 
No interest on claims. 
Effect of payment of judgment. 
Pinal judgments a bar. 
Debtors to the United States may 

have amount due ascertained. 
Appeals. 

Appeals in Indian cases. 
Attorney General's report to Con- 



187. 



Loyalty a jurisdictional fact in 
certain cases. 

Attorney General to appear for 
the defense. 

Persons not to be excluded as wit- 
nesses on account of color or be- 
cause of interest; plaintiff may 
be witness for Government. 

Eeports of court to Congress. 



147 



148 THE JUDICIAL CODE [§ 1361 

Sec. 136. The Court of Claims, established by the Act of 
February twenty-fourth, eighteen hundred and fifty-five, shall 
be continued. It shall consist of a chief justice and four 
judges, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and hold their offices 
during good behavior. Each of them shall take an oath to sup- 
port the Constitution of the United States, and to discharge 
faithfully the duties of his office. The chief justice shall be 
entitled to receive an annual salary of six thousand five hun- 
dred dollars, and each of the other judges an annual salary 
of six thousand dollars, payable monthly, from the Treasury. 

See § 1049 E. S. U. S., 1 Comp. Stat. p. 729, 2 Fed. Stat. Ann. p. 53, 
Pierce, Code § 7773. 

Seo. 137. The Court of Claims shall have a seal, with such 
device as it may order. 

Ee-enacting § 1050, E. S. U. S., 1 Comp. Stat. p. 739, 3 Fed. Stat. 
Ann. 53, Pierce, Code § 7773. 

Sec. 138. The Court of Claims shall hold one annual ses- 
sion at the city of Washington, beginning on the first Monday 
in December and continuing as long as may be necessary for 
the prompt disposition of the business of the court. Any three 
of the judges of said court shall constitute a quorum, and 
may hold a court for the transaction of business: Provided, 
That the concurrence of three judges shall be necessary to 
the decision of any case. 

See § 1052 E. S. U. S., 1 Comp. Stat. p. 730, 3 Fed. Stat. Ann. p. 54, 
Pierce, Code § 7776. Also Act of June 33, 1874, c. 468, 18 Stat, at L. 
253, 1 Comp. Stat. p. 730, 3 Fed. Stat. Ann. 54, Pierce, Code § 7777. 

Sec. 139, The said court shall appoint a chief clerk, an 
assistant clerk, if deemed necessary, a bailiff, and a chief mes- 
senger. The clerks shall take an oath for the faithful dis- 
charge of their duties, and shall be under the direction of the 
court in the performance thereof; and for misconduct or in- 
capacity they may be removed by it from office ; but the court 
shall report such removals, with the cause thereof, to Con- 
gress, if in session, or if not, at the next session. The bailiff 



§ 140] THE COURT OP CLAIMS 149 

shall hold his office for a term of four years, imless sooner re- 
moved by the court for cause. 

Ee-enacting § 1053, E. S. U. S., 1 Comp. Stat. p. 730, 3 Fed. Stat. 
Ann. p. 54, Pierce, Code § 7778. 

Sec. 140. The salary of the chief clerk shall be three thou- 
sand five hundred dollars a year; of the assistant clerk two 
thousand five hundred dollars a year ; of the bailiff, one thou- 
sand five hundred dollars a year, and of the chief messenger 
one thousand dollars a year, payable monthly from the Treas- 
ury. 

See § 1054 E. S. U. S., 1 Comp. Stat. p. 730, 2 Fed. Stat. Ann. p. 54, 
Pierce, Code § 7779. 

Sec. 141. The chief clerk shall give bond to the United 
States in such amount, in such form, and with such security 
as shall be approved by the Secretary of the Treasury. 

Ee-enacting § 1055 E. S. U. S., 1 Comp. Stat. p. 731, 2 Fed. Stat. Ann. 
54, Pierce, Code § 7780. 

Sec. 142. The said clerk shall have authority when he has 
given bond as provided in the preceding section, to disburse, 
under the direction of the court, the contingent fund which 
may from time to time be appropriated for its use; and his 
accounts shall be settled by the proper accounting officers of 
the Treasury in the same way as the accounts of other disburs- 
ing agents of the Government are settled. 

Ee-enacting § 1056 E. S. TJ. S., 1 Comp, Stat. p. 731, 2 Fed. Stat. Ann. 
p. 54, Pierce, Code § 7781. 

Sec. 143. On the first day of every regular session of Con- 
gress, the clerk of the Court of Claims shall transmit to Con- 
gress a full and complete statement of all the judgments ren- 
dered by the court during the previous year, stating the 
amounts thereof and the parties in whose favor they were ren- 
dered, together with a brief synopsis of the nature of the 
claims upon which they were rendered. At the end of every 
term of the court he shall transmit a copy of its decisions to 
the heads of departments; to the Solicitor, the Comptroller, 
and the Auditors of the Treasury; to the Commissioner of the 
General Land Office and of Indian Affairs; to the chiefs of 



150 THE JUDICIAL CODE [§ 144 

bureaus, and to other officers charged with the adjustment of 
claims against the United States. 

Ee-enaeting § 1057 E. S. U. S., 1 Comp. Stat. p. 731, 2 Fed. Stat. 
Ann. p. 55, Pierce, Code § 7782. "The decisions of the Court of Claims 
in general, not appealed from, are guides to the executive officers of the 
government, and furnish precedents for the executive departments in all 
other like cases." Meigs v. United States, 20 Ct. CI. 181. 

Sec. 144. Whoever, being elected or appointed a Senator, 
Member of, or Delegate to Congress, or a Resident Commis- 
sioner, shall, after his election or appointment, and either be- 
fore or after he has qualified, and during his continuance in 
office, practice in the Court of Claims, shall be fined not more 
than ten thousand dollars and imprisoned not more than two 
years; and shall, moreover, thereafter be incapable of hold- 
ing any office of honor, trust, or profit under the Government 
of the United States. 

See § 1058 E. S. U. S., 1 Comp. Stat. p. 731, 2 Fed. Stat. Ann. p. 55, 
Pierce, Code § 7783. 

Sec. 145. The Court of Claims shall have jurisdiction to 
hear and determine the following matters : 

First. All claims (except for pensions) founded upon the 
Constitution of the United States or any law of Congress, 
upon any regulation of an Executive Department, upon any 
contract, express or implied, with the Government of the 
United States, or for damages, liquidated or unliquidated, in 
cases not sounding in tort, in respect of which claims the party 
would be entitled to redress against the United States either in 
a court of law, equity, or admiralty if the United States were 
suable : Provided, however, That nothing in this section shall 
be construed as giving to the said court jurisdiction to hear 
and determine claims growing out of the late civil war, and 
commonly known as "war claims," or to hear and determine 
other claims which, prior to March third, eighteen hundred 
and eighty-seven, had been rejected or reported on adversely 
by any court, department, or commission authorized to hear 
and determine the same. 

Second. All set-offs, counterclaims, claims for damages, 



§ 145] THE COURT OF CLAIMS 151 

whether liquidated or unliquidated, or other demands what- 
soever on the part of the Government of the United States 
against any claimant against the Government in said court: 
Provided, That no suit against the Government of the United 
States, brought by any officer of the United States to recover 
fees for services alleged to have been performed for the 
United States, shall be allowed under this chapter until an 
account for said fees shall have been rendered and finally acted 
upon as required by law, unless the proper accounting officer 
of the Treasury fails to act finally thereon within six months 
after the account is received in said office. 

Third. The claim of any paymaster, quartermaster, com- 
missary of subsistence, or other disbursing officer of the United 
States, or of his administrators or executors, for relief from 
responsibility on account of loss by capture or otherwise, while 
in the line of his duty, of Government funds, vouchers, rec- 
ords, or papers in his charge, and for which such officer was 
and is held responsible. 

Compare § 1059, E. S. U. S., 1 Comp. Stat. p. 731, 3 Ted. Stat. Ann. p. 
55, Pierce, Code § 7784. 

Teeeitoeial Jurisdiction'. The pendency of a suit in a court of 
the United States wherever situated is not a suit in a foreign jurisdiction ; 
the territorial jurisdiction of the Court of Claims is co-extensive with the 
territory in which the Courts of the United States sit. Peterson v. United 
States, 36 Ct. CI. 93. "It issues writs to every part of the United States, 
and is specially authorized to enforce them." United States v. Borcher- 
ling, 185 U. S. 223, 46 L. Ed. 884. 

Eesteicting Jurisdiction' by Eule. As in all courts, the juris- 
diction conferred by Act of Congress upon the Court of Claims cannot 
be restricted by rule, and a rule requiring the claim to go through a 
governmental department before suit was therefore held void. United 
States V. Clyde, 13 Wall. 35, 20 L. Ed. 479. 

Parties. To enable joint claimants to maintain a single suit they 
must have joint interest. Wilson v. United States, 1 Ct. CI. 318. Suits 
by assignees are subject to the conditions of § 3477, E. S. U. S. 

"All transfers and assignments made of any claim upon the United 
States, or of any part or share thereof, or interest therein, whether abso- 
lute or conditional, and whatever may be the consideration therefor, and 
all powers of attorney, orders, or other authorities for receiving payment 



152 THE JUDICIAL CODE [§ 145 

of any such claim, or of any part or share thereof, shall be absolutely 
null and void, unless they are freely made and executed in the presence 
of at least two attesting witnesses, after the allowance of such a claim, 
the ascertainment of the amount due, and the issuing of a warrant for 
the payment thereof. Such transfers, assignments, and powers of attor- 
ney, must recite the warrant for payment, and must be acknowledged by 
the person making them, before an officer having authority to take 
acknowledgment of deeds, and shall Be certified by the officer; and it 
must appear by the certificate that the officer, at the time of the acknowl- 
edgment, read and fully explained the transfer, assignment, or warrant of 
attorney to the person acknowledging the same." 2 Comp. Stat. p. 2320, 
2 Fed. Stat. Ann. p. 7, Pierce, Code § 1661. See Emmons v. United 
States, 48 Fed. Eep. 43; United States v.Gillis, 95 U. S. 407, 24 L. Ed. 
503; Jackson v. United States, 1 Ct. CI. 260. But the assignor and 
assignee may maintain an action for the use of the assignee. Tebetts v. 
Unied States, 5 Ct. CI. 607. A suit brought by the holder of the legal 
title to the use of the beneficial owner is not within the operation of 
§ 3477, E. S. U. S. United States v. American Tobacco Co., 166 U. S. 
468, 41 L. Ed. 1081. 

The Jurisdiction Specially Subject to Control by Congress. 
Possibly the most unique characteristic of the Jurisdiction of the Court 
of Claims resides in the control which Congress exercises at all times to 
limit or expand its jurisdiction, not only generally, but as to a particular 
class of cases, or as to a particular ease. This rule, with its underlying 
logic, has been thus expressed by Mr. Justice Miller; 

"The Government of the United States cannot be sued for a claim 
or demand against it without its consent. This rule is carried so far 
by this court, that it has been held that when the United States is plain- 
tifE in one of the Federal Courts, and the defendant has pleaded a set-ofE 
which the Acts of Congress have authorized him to rely on, no judgment 
can be rendered against the government, although it may be judicially 
ascertained that on striking a balance of just demands the government 
is indebted to the defendant in an ascertained amount. And if the 
United States shall sue an individual in any of her courts, and fail 
to establish a claim, no judgment can be rendered for the costs expended 
by the defendant in his defense. 

"If, therefore, the Court of Claims has the right to entertain juris- 
diction of cases in which the United States is defendant, and to render 
judgment against that defendant, it is only by virtue of Acts of Congress 
granting such jurisdiction, and it is limited precisely to such eases, both 



§ 145] THE COURT OP CLAIMS 153 

in regard to parties and to the causes of action, as Congress has pre- 
scribed. 

"It is true that, ordinarily, when we seek for the foundation of this 
jurisdiction, we look to the general law creating the court, and defining 
causes of which it may have cognizance. But it is equally true that when- 
ever Congress chooses to withdraw from that jurisdiction any class of 
cases which had before been committed to its control, as it has done 
more than once, it has the power to do so, or to prescribe the rule by 
which such cases may be determined. Its right to do this in regard to any 
particular case, as well as to a class of cases, must rest on the same 
foundation; and no reason can be perceived why Congress may not at 
any time withdraw a particular case from the cognizance of that court, 
or prescribe in such case the circumstance under which alone the court 
may render a judgment against the government." DeGroot v. United 
States, 73 U. S. 419, 18 L. Ed. 700, 703. 

Contracts ; Express and Implied. An appropriation made by Con- 
gress for work done may be sufficient to constitute an express contract. 
Myerle v. United States, 33 Ct. CI. 1. To constitute an implied contract 
which will serve as a basis for the recovery of money received by the 
United States, "There must have been some consideration moving to 
the United States; or they must have received the money, charged with 
a duty to pay it over; or the claimant must have had a lawful right to 
it when it was received, as in the case of money paid by mistake." Knote 
V. United States, 95 U. S. 149, 24 L. Ed. 442. 

Jurisdiction Over Patent Cases. See Hopkins on Patents, §§ 497- 
500. This code (§ 145) re-enacts the substance of the former statutes, 
confining the jurisdiction of the Court of Claims to cases arising out of 
contract, express or implied. Under these statutes the Court of Claims 
had no jurisdiction of suits against the Government for Patent Infringe- 
ment. Pitcher v. United States, 1 Ct. CI. 7. In rare cases a contract 
to pay for the use of a patented invention was held to be implied (Berdan 
Fire Arms Mfg. Co. v. United States, 156 U. S. 552, 39 L. Ed. 530), but 
as a rule, in the absence of an express contract, no recovery could be 
had (Gill v. United States, 25 Ct. CI. 415, 160 U. S. 426, 40 L. Ed. 
480). But the jurisdiction of the Court of Claims over Patent Cases has 
been enlarged by the Act of June 25, 1910, 36 Stat, at L. p. 851, pro- 
viding as follows: 

' ' That whenever an invention described in and covered by a 
jjatent of tlie United States shall hereafter be used by the 
United States without license of the owner thereof or lawful 



154 THE JUDICIAL CODE [§ 145 

right to use the same, such owner may recover reasonable 
compensation for such use by suit in the Court of Claims: 
Provided, hoivever, That said Court of Claims shall not en- 
tertain a suit or award compensation under the provisions 
of this Act where the claim for compensation is based on the 
use by the United States of any article heretofore owned, 
leased, used by, or in the possession of the United States: 
Provided further, That in any such suit the United States may 
avail itself of any and all defenses, general or special, which 
might be pleaded by a defendant in an action for infringe- 
ment, as set forth in Title Sixty of the Eevised Statutes, or 
otherwise : And provided further, that the benefits of this Act 
shall not inure to any patentee, who, when he makes such claim 
is in the employment or service of the Government of the 
United States ; or the assignee of any such patentee ; nor shall 
this Act apply to any device discovered or invented by such 
employee during the time of his employment or service. ' ' 

JuEiSDiCTiON Over Tokts. The general rule excluding torts from 
the jurisdiction of the Court of Claims is announced in Luddington v. 
United States, 15 Ct. CI. 453. The following classes of cases have been 
held to be outside of the jurisdiction of the Court of Claims as being 
founded on tort : Suits for damages for personal injuries resulting from 
the fall of an elevator in a public building, Bigby v. United States, 188 
.U S. 400, 47 L. Ed. 519; contracts implied by law from torts, Harley v. 
United States, 198 U. S. 229, 49 L. Ed. 1029, 39 Ct. CI. 105; a claim 
for the taking of land under tidewater for lighthouse purposes. Hill v. 
United States, 149 U. S. 593, 37 L. Ed. 862 ; a suit for the diversion 
of a water course, Mills v. United States, 46 Eed. Eep. 738 ; a suit for 
damages for injury to property resulting from defective construction of 
a dam, Hayward v. United States, 30 Ct. CI. 219; a suit for infringe- 
ment of copyright, Lanman v. United States, 27 Ct. CI. 260; a suit for 
damages arising from a maritime collision, St. Louis & Miss. Valley 
Trans. Co. v. United States, 33 Ct. CI. 251. 

Claims Founded Upon a Law of Congress. Claims of this charac- 
ter are justicable under the Court of Claims Act, regardless of whether 
they are founded on contract or in tort. Christie- Street Com. Co. v. 
United States, 126 Eed. Eep. 991, 994. The Court of Claims has classi- 
fied the cases arising under this grant of jurisdiction as follows : 

"1. Where Congress creates a class of claims such as the customs cases. 



1 145] THE COURT OF CLAIMS 155 

the internal revenue cases, the pension cases, and provide a jurisdiction 
for the ascertainment and allowance of such claims, that jurisdiction is 
exclusive. 

"2. But where the officer clothed with authority to investigate and 
allow determines the facts of a case and refers it to this court for the 
determination of a question of law thereby presented, or where the officer, 
having allowed a claim, transmits it to the accounting officers for pay- 
ment, and they, or the Secretary of the Treasury, refuses to give effect to 
the award, an action thereon will lie in this court. 

"3. Where Congress create a class of claims, such as for horses and 
vessels lost or destroyed in the military service, and refer the claims for 
investigation and settlement to the accounting officers of the treasury, 
no jurisdiction to finally determine a legal right is created, and the 
accounting officers act simply in their usual capacity of auditing officers, 
and this court has jurisdiction of the claims. 

"4. Where Congress create a class of claims, such as claims for a 
surplus in the treasury derived from property sold for taxes, or the direct- 
tax cases, with directions to the Secretary of the Treasury to pay the 
amount found to be due to the persons entitled thereto, no special juris- 
diction is thereby created, and an action will lie in this court. 

"5. Where Congress pledge the faith of the United States in considera- 
tion of a person doing some act, such as that in the drawback cases, or in 
sugar-bounty ca^es, presenting thereby an obligation in the nature of an 
implied contract, the action of the Secretary of the Treasury, or of the 
revenue officers, is not conclusive, and an action will lie upon the statu- 
tory obligation of the government." Poster v. United States, 32 Ct. 
CI. 170. 

"AsTT Eegulation of an Executive Depaetment." This expres- 
sion manifestly refers to Eules and Eegulations made by the head of a 
Governmental Department for the conduct of his department. Harvey 
V. United States, 3 Ct. CI. 38. 

Demands on the Part of th:^ United States Against a Claimant. 
That the right of set-ofE in behalf of the government is founded on 
§ 236, E. S. U. S., and exists independently of the Act of March 3, 1875, 
and § 1766, E. S. U. S., see Taggart v. United States, 17 Ct. CI. 322. So 
the amount of a payment made on a fraudulent voucher may be set up 
by way of counter claim, Charles v. United States, 19 Ct. CI. 316. An 
unliquidated demand may be used as a set-off by the United States. 
Allen V. United States, 17 Wall. 207, 21 L. Ed. 553. That the right of 
the government to set off and counter claim is of equal scope with the 
right given the Crown by the Act of 1860, 23 and 24 Vict., c. 34, see 



156 THE JUDICIAL, CODE [§ 146 

Roman v. United States, 11 Ct. CI. 761. That the United States may 
assert a set-ofE against a judgment, see Bonnafon v. United States, 14 
Ct. CI. 484. That the set-ofE or counter claim need not be pleaded, see 
Hart V. United States, 118 U. S. 62, 30 L. Ed. 96; Wisconsin Cent. E. 
Co. V. United States, 164 U. S. 190, 41 L. Ed. 399. 

"The Claim of Ant Paymaster, Etc.'' This provision extends to 
the disbursing officer of all the executive departments (Hobbs v. United 
States, 17 Ct. CI. 189), and extends to cases where the officer has not 
given bond. Wood v. United States, 25 Ct. CI. 98. The claimant's tes- 
timony, unsupported, is insufficient under this section. Pattee v. United 
States, 3 Ct. CI. 397. 

Sec. 146. Upon the trial of any cause in which any set-off, 
counterclaim, claim for damages, or other demand is set up on 
the part of the Government against any person making claim 
against the Government in said court, the court shall hear and 
determine such claim or demand both for and against the 
Government and claimant ; and if upon the whole case it finds 
that the claimant is indebted to the Government it shall ren- 
der judgment to that effect, and such judgment shall be final, 
with the right of appeal, as in other cases provided for by 
law. Any transcript of such judgment, filed in the clerk's 
office of any district court, shall be entered upon the records 
thereof, and shall thereby become and be a judgment of such 
court and be enforced as other judgments in such court are 
enforced. 

Ee-enacting § 1061, E. S. U. S., 1 Comp. Stat. p. 737, 2 Fed. Stat. 
Ann. p. 61, Pierce, Code, § 7790. Where a claim is dismissed for want 
of jurisdiction, judgment cannot be entered upon a counter claim. 
Baltimore & Ohio E. Co. v. United States, 34 Ct. CI. 484. That in suits 
under the Act of March 3, 1887, c. 359, 24 Stat, at L. 505 (the Tucker 
Act) the Federal Courts may render a' money judgment for the United 
States on a set-off or counter claim, see United States v. Saunders, 79 
Fed. Eep. 407, 24 C. C. A. 649. 

Sec. 147. "Whenever the Court of Claims ascertains the 
facts of any loss by any paymaster, quartermaster, commis- 
sary of subsistence, or other disbursing officer, in the cases 
hereinbefore provided, to have been without fault or negli- 
gence on the part of such officer, it shall make a decree setting 



§ 148] THE COURT OF CLAIMS 157 

forth the amount thereof, and npon such decree the proper 
accounting officers of the Treasury shall allow to such officer 
the amount so decreed as a credit in the settlement of his 
accounts. 

Ee-enacting § 1062, E. S. U. S., 1 Comp. Stat. p. 737 3 Fed. Stat. 
Ann. p. 61, Pierce, Code, § 779. That the expression "without fault or 
negligence" is to be taken in its common sense (fault meaning error, and 
negligence meaning omission) and that the degree of care exacted is that 
which would be required of his agent by a prudent man in like circum- 
stances, see Malone v. United States, 5 Ct. CI. 486; Martin v. United 
States, 37 Ct. CI. 537. For illustrations of cases where disbursing officers 
were granted relief from the results of such mishaps as theft, capture 
by an enemy, or bank failure, see Eeynolds v. United States, 15 Ct. CI. 
314; Broadhead v. United States, 19 Ct. CI. 125; Prime v. United States, 
3 Ct. CI. 209 ; Hobbs v. United States, 17 Ct. CI. 189. 

Sec. 148. When any claim or matter is pending in any of 
the executive departments which involves controverted ques- 
tions of fact or law, the head of such department may transmit 
the same, with the vouchers, papers, documents and proofs 
pertaining thereto, to the Court of Claims and the same shall 
be there proceeded in under such rules as the court may adopt. 
When the facts and conclusions of law shall have been found, 
the court shall report, its findings to the department by which 
it was transmitted for its guidance and action : Provided, how- 
ever, That it shall have been transmitted with the consent of 
the claimant, or if it shall appear to the satisfaction of the 
court upon the facts established, that under existing laws or 
the provisions of this chapter it has jurisdiction to render 
judgment or decree thereon, it shall proceed to do so, in the 
latter case giving to either party such further opportunity for 
hearing as in its judgment justice shall require, and 
shall report its findings therein to the department by 
which the same was referred to said court. The Secretary 
of the Treasury may, upon the certificate of any auditor, or 
of the Comptroller of the Treasury, direct any claim or mat- 
ter, of which, by reason of the subject matter or character, 
the said court might under existing laws, take jurisdiction on 
the voluntary action of the claimant, to be transmitted, with 



158 THE JUDICIAL CODE [§ 149 

all the vouchers, papers, documents and proofs pertaining 
thereto, to the said court for trial and adjudication. 

Superseding § 1063, E. S. U. S., 1 Comp. Stat. p. 738, 2 Fed. Stat. 
Ann. p. 63, Pierce, Code, § 7792. "It is only the pendency of a claim 
or matter in an executive department that gives the head of such depart- 
ment jurisdiction to transmit the same to the court. Armstrong v. United 
States, 29 Ct. CI. 148. See also, as to the incidental jurisdiction of the 
Court of Claims to adjudicate all issues arising in cases transmitted from 
the departments although involving unliquidated claims which the de- 
partment could not have settled, see Myerle v. United States, 33 Ct. CI. 1. 
That ex parte affidavits transmitted by a department with the claim will 
not be considered, being incompetent, see Chickasaw Nation v. United 
States, 19 Ct. CI. 133. 

Sec. 149. All cases transmitted by the head of any depart- 
ment, or upon the certificate of any auditor, or of the Comp- 
troller of the Treasury, according to the' provisions of the 
preceding section, shall be proceeded in as other cases pending 
in the Court of Claims, and shall, in all respects, be subject to 
the same rules and regulations. 

Ee-enacting § 1064, E. S. U. S., 1 Comp. Stat. p. 738, 2 Fed. Stat. 
Ann. p. 63, Pierce, Code § 7793. Prior to the Act of 1863, the judgments 
of the Court of Claims were not conclusive. Nourse v. United States, 2 
Ct. CI. 214. As to their present conclusiveness see Baumer v. United 
States, 26 Ct. CI. 82. 

Sec. 150. The amount of any final judgment or decree ren- 
dered in favor of the claimant, in any case transmitted to the 
Court of Claims under the two preceding sections, shall be 
paid out of any specific appropriation applicable to the case, 
if any such there be ; and where no such appropriation exists, 
the judgment or decree shall be paid in the same manner as 
other judgments of the said court. 

Ee-enacting § 1065, E. S. U. S., 1 Comp. Stat. p. 739, 2 Fed. Stat. 
Ann. p. 64, Pierce, Code, § 7794. 

Sec. 151. Whenever any bill, except for a pension, is pend- 
ing in either House of Congress providing for the payment of 
a claim against the United States, legal or equitable, or for a 
grant, gift, or bounty to any person, the House in which such 
bill is pending may, for the investigation and determination 



§ 152] THE COURT OF CLAIMS 159 

of facts, refer the same to the Court of Claims, which shall 
proceed with the same in accordance with such rules as it may 
adopt and report to such House the facts in the case and the 
amount, where the same can be liquidated, including any facts 
bearing upon the question whether there has been delay or 
laches in presenting such claim or applying for such grant, 
gift, or bounty, and any facts bearing upon the question 
whether the bar of any statute of limitation should be removed 
or which shall be claimed to excuse the claimant for not hav- 
ing resorted to any established legal remedy, together with 
such conclusions as shall be sufficient to inform Congress of 
the nature and character of the demand, either as a claim, 
legal or equitable, or as a gratuity against the United States, 
and the amount, if any, legally or equitably due from the 
United States to the claimant: Provided, however, That if it 
shall appear to the satisfaction of the court upon the facts 
established, that under existing laws or the provisions of this 
chapter, the subject matter of the bill is such that it has juris- 
diction to render judgment or decree thereon, it shall pro- 
ceed to do so, giving to either party such further opportunity 
for hearing as in its judgment justice shall require, and it 
shall report its proceedings therein to the House of Congress 
by which the same was referred to said court. 

Superseding Act of March 3, 1887, c. 359, § 14, 24 Stat, at L. 507, 
1 Comp. Stat. p. 757, 2 Fed. Stat. Ann. p. 87, Pierce, Code, § 7834. That 
the report of the Court of Claims under this section is not conclusive 
upon the merits and does not relieve the claimant from the defense of 
laches, see Balmer v. United States, 26 Ct. CI. 82. That a case brought 
before the Court of Claims under this provision is subject to the taking 
of testimony under § 1063, E. S. IT. S., and that ex parte affidavits 
transmitted by Congress with the claim are not competent, see Smith 
V. United States, 19 Ct. CI. 690. 

Sec. 152. If the Government of the United States shall put 
in issue the right of the plaintiff to recover, the court may, 
in its discretion, allow costs to the prevailing party from the 
time of joining such issue. Such costs, however, shall include 
only what is actually incurred for witnesses, and for summon- 
ing the same, and fees paid to the clerk of the court. 



160 THE JUDICIAL. CODE [§ 153 

Ee-enacting Act of March 3, 1887, c. 359, § 151, 24 Stat, at L. 508, 1 
Comp. Stat. p. 758, 2 Fed. Stat. Ann. p. 88, Pierce, Code, § 7835. For 
rulings as to the award of costs under this provision see Hill v. United 
States, 40 Fed. Eep. 441; Abbott v. United States, 66 Fed. Eep. 447; 
Abbott V. United States, 72 Fed. Eep. 686, 18 C. C. A. 679 ; Jacobus v. 
United States, 87 Fed. Eep. 99; United States v. Harmon, 147 U. S. 
268, 37 L. Ed. 164. 

Sec. 153. The jurisdiction of the said court shall not extend 
to any claim against the Government not pending therein on 
December first, eighteen hundred and sixty-two, growing out 
of or dependent on any treaty stipulation entered into with 
foreign nations or with the Indian tribes. 

Ee-enacting § 1066 E. S. U. S., 1 Comp. Stat. p. 739, 2 Fed. Stat. 
Ann. 64, Pierce, Code § 7795. 

Sec. 154. No person shall file or prosecute in the Court of 
Claims, or in the Supreme Court on appeal therefrom, any 
claim for or in respect to which he or any assignee of his has 
pending in any other court any suit or process against any 
person who, at the time when the cause of action alleged in 
such suit or process arose, was, in respect thereto, acting or 
professing to act, mediately or immediately, under the author- 
ity of the United States. 

Ee-enacting § 1067, E. S. U. S., 1 Comp. Stat. p. 739, 2 Fed. Stat. 
Ann. 64, Pierce, Code § 7796. 

Sec. 155. Aliens who are citizens or subjects of any gov- 
ernment which accords to citizens of the United States the 
right to prosecute claims against such government in its 
courts, shall have the privilege of prosecuting claim.s against 
the United States in the Court of Claims, whereof such 
court, by reason of their subject matter and character, might 
take jurisdiction. 

Ee-enacting § 1068 E, S. U. S., 1 Comp. Stat. p. 740, 2 Fed. Stat. 
Ann. p. 64, Pierce, Code § 7797. 

Sec. 156. Every claim against the United States cognizable 
by the Court of Claims, shall be forever barred unless the peti- 
tion setting forth a statement thereof is filed in the court, or 
transmitted to it by the Secretary of the Senate or the Clerk 



§157] THE COURT OF CLAIMS' 161 

of the House of Representatives, as provided by law, within 
six years after the claim first accrues: Provided, That the 
claims of married women, first accrued during marriage, of 
persons under the age of twenty-one years, first accrued dur- 
ing minority, and of idiots, lunatics, insane persons, and per- 
sons beyond the seas at the time the claim accrued, entitled to 
the claim, shall not be barred if the petition be filed in the 
court or transmitted, as aforesaid, within three years after 
the disability has ceased; but no other disability than those 
enumerated shall prevent any claim from being barred, nor 
shall any of the said disabilities operate cumulatively. 

Ee-enacting § 1069 E. S. U. S., 1 Comp. Stat. p. 740, 2 Fed. Stat. 
Ann. p. 65, Pierce, Code § 7798. 

Sec. 157. The said court shall have power to establish 
rules for its government and for the regulation of practice 
therein, and it may punish for contempt in the manner pre- 
scribed by the common law, may appoint commissioners, and 
may exercise such powers as are necessary to carry into effect 
the powers granted to it by law. 

Ee-enacting § 1070 E. S. U. S., 1 Comp. Stat. p. 740, 2 Fed. Stat. 
Ann. 67, Pierce, Code § 7799. 

Sec. 158. The judges and clerks of said court may adminis- 
ter oaths and afiirmations, take acknowledgments of instru- 
ments in writing, and give certificates of the same. 

Ee-enacting § 1071 E. S. U. S., 1 Comp. Stat. p. 741, 2 Fed. Stat. 
Ann. 67, Pierce, Code § 7800. 

Sec. 159. The claimant shall in all cases fully set forth in 
his petition the claim, the action thereon in Congress or by any 
of the departments, if such action has been had, what persons 
are owners thereof or interested therein, when and upon what 
consideration such persons became so interested; that no as- 
signment or transfer of said claim or of any part thereof or 
interest therein has been made, except as stated in the peti- 
tion ; that said claimant is justly entitled to the amount there- 
in claimed from the United States after allowing all just 
credits and offsets ; that the claimant and, where the claim has 
been assigned, the original and every prior owner thereof, if 

Jud. Code — 11 



162 THE JUDICIAL CODE [§ 160 

a citizen, has at all times borne true allegiance to the Govern- 
ment of the United States, and, whether a citizen or not, has 
not in any way voluntarily aided, abetted, or given encourage- 
ment to rebellion against the said Government, and that he 
believes the facts as stated in the said petition to be true. The 
said petition shall be verified by the affidavit of the claimant, 
his agent or attorney. 

Superseding § 1072 E. S. U. S., 1 Comp. Stat. p. 741, 2 Fed. Stat. 
Ann. 67, Pierce, Code § 7801. 

Sec. 160. The said allegations as to true allegiance and 
voluntary aiding, abetting, or giving encouragement to rebel- 
lion against the Government may be traversed by the Govern- 
ment, and if on the trial such issues shall be decided against 
the claimant, his petition shall be dismissed. 

Ee-enacting § 1073 E. S. U. S., 1 Comp. Stat. p. 741, 2 Fed. Stat. 
Ann. 68, Pierce, Code § 7802. 

Sec. 161. Whenever it is material in any claim to ascertain 
whether any person did or did not give any aid or comfort 
to forces or government of the late Confederate States during 
the Civil War, the claimant asserting the loyalty of any such 
person to the United States during such Civil War shall be 
required to prove affirmatively that such person did, during 
said Civil War, consistently adhere to the United States and 
did give no aid or comfort to persons engaged in said Con- 
federate service in said Civil War. 

Superseding § 1074 E. S. U. S., 1 Comp. Stat. 742, 2 Fed. Stat. Ann. 
68, Pierce, Code § 7803. 

Sec. 162. The Court of Claims shall have jurisdiction to 
hear and determine the claims of those whose property was 
taken subsequent to June the first, eighteen hundred and 
sixty-five, under the provisions of the Act of Congress ap- 
proved March twelfth, eighteen hundred and sixty-three, en- 
titled "An Act to provide for the collection of abandoned 
property and for the prevention of frauds in insurrectionary 
districts within the United States," and Acts amendatory 
thereof where the property so taken was sold and the net pro- 
ceeds thereof were placed in the Treasury of the United 



§ 163] THE COURT OF CLAIMS 163 

States; and the Secretary of the Treasury shall return said 
net proceeds to the owners thereof, on the judgment of said 
court, and full jurisdiction is given to said court to adjudge 
said claims, any statutes of limitations to the contrary not- 
withstanding. 

See Act of March 12, 1863, c. 130, 13 Stat, at L. 830. Also § 1059, 
E. S. U. S. paragraph 4, 3 Fed. Stat. Ann. p. 60. 

Sec. 163. The Court of Claims shall have power to appoint 
commissioners to take testimony to be used in the investiga- 
tion of claims which come before it, to prescribe the fees which 
they shall receive for their services, and to issue commissions 
for the taking of such testimony, whether taken at the instance 
of the claimant or of the United States. 

Ee-enacting § 1075 E. S. U. S., 1 Comp. Stat. p. 743, 3 Fed. Stat. 
Ann. 68, Pierce, Code § 7804. 

Sec. 164. The said court shall have power to call upon any 
of the departments for any information or papers it may deem 
necessary, and shall have the use of all recorded and printed 
reports made by the committees of each House of Congress, 
when deemed necessary in the prosecution of its business. But 
the head of any department may refuse and omit to comply 
with any call for information or papers when, in his opinion, 
such compliance would be injurious to the public interest. 

Ee-enacting § 1076, E. S. U. S., 1 Comp. Stat. p. 743, 2 Fed. Stat. 
Ann. p. 69, Pierce, Code, § 7805. 

Sec. 165. When it appears to the court in any case that the 
facts set forth in the petition of the claimant do not furnish 
any ground for relief, it shall not authorize the taking of any 
testimony therein. 

Superseding § 1077, E. S. U. S., (the change being purely verbal), 1 
Comp. Stat. p. 743, 3 Fed. Stat. Ann. p. 69, Pierce, Code, § 7806. 

Sec. 166. The court may, at the instance of the attorney or 
solicitor appearing in behalf of the United States, make an 
order in any case pending therein, directing any claimant in 
such case to appear, upon reasonable notice, before any com- 
missioner of the court and be examined on oath touching any 
or all matters pertaining to said claim. Such examination 



164 THE JUDICIAL CODE [§ 167 

shall be reduced to writing by the said commissioner, and be 
returned to and filed in the court, and may, at the discretion 
of the attorney or solicitor of the United States appearing in 
the case, be read and used as evidence on the trial thereof. 
And if any claimant, after such order is made and due and 
reasonable notice is given to him, fails to appear, or refuses 
to testify or answer fully as to all matters within his knowl- 
edge material to the issue, the court may, in its discretion, 
order that the said cause shall not be brought forward for 
trial until he shall have fully complied with the order of the 
court in the premises. 

Ee-enacting § 1080, E. S. U. S., 1 Comp. Stat. p. 743, 2 Fed. Stat. 
Ann. p. 70, Pierce, Code, § 7808. The application for an order of exam- 
ination under this section may be made ex parte, and need not recite 
special cause. Truitt v. United States, 30 Ct. CI. 19. The operation of 
the section is limited to the claim Act. Macauley v. United States, 11 
Ct. CI. 575. 

Sec. 167. The testimony in cases pending before the Court 
of Claims shall be taken in the county where the witness re- 
sides, when the same can be conveniently done. 

Ee-enacting § 1081, E. S. U. S., 1 Comp. Stat. p. 743, 3 Fed. Stat. 
Ann. p. 70, Pierce, Code, § 7809. 

Sec. 168. The Court of Claims may issue subpoenas to re- 
quire the attendance of witnesses in order to be examined be- 
fore any person commissioned to take testimony therein. 
Such subpoenas shall have the same force as if issued from a 
district court, and compliance therewith shall be compelled 
under such rules and orders as the court shall establish. 

Ee-enacting § 1082, E. S. U. S., 1 Comp. Stat. p. 744, 2 Fed. Stat. 
Ann. p. 70, Pierce, Code, § 7810. 

Sec. 169. In taking testimony to be used in support of any 
claim, opportunity shall be given to the United States to file 
interrogatories, or by attorney to examine witnesses, under 
such regulations as said court shall prescribe ; and like oppor- 
tunity shall be afforded the claimant, in cases where testimony 
is taken on behalf of the United States, under like regulations. 

Ee-enacting § 1083, E. S. U. S., 1 Comp. Stat. p. 744, 2 Fed. Stat. 
Ann. p. 71, Pierce, Code, § 7811. 



§ 170] THE COURT OF CLAIMS 165 

Sec. 170. The commissioner taking testimony to be used 
in the Court of Claims shall administer an oath or affirma- 
tion to the witness brought before him for examination. 

Ee-enacting § 1084, E. S. U. S., 1 Comp. Stat. p. 744, 2 Fed. Stat. 
Ann. p. 71, Pierce, Code, § 7813. 

Sec. 171. "When testimony is taken for the claimant, the 
fees of the commissioner before whom it is taken, and the cost 
of the commission and notice, shall be paid by such claimant ; 
and when it is taken at the instance of the Government, such 
fees shall be paid out of the contingent fund provided for the 
Court of Claims, or other appropriation made by Congress 
for that purpose. 

Ee-enacting § 1085, E. S. U. S., 1 Comp. Stat. p. 744, 2 Fed. Stat. 
Ann. p. 71, Pierce, Code, § 7813. 

Sec. 172. Any person who corruptly practices or attempts 
to practice any fraud against the United States in the proof, 
statement, establishment, or allowance of any claim or of any 
part of any claim against the United States shall, ipso facto, 
forfeit the same to the Government; and it shall be the duty 
of the Court of Claims, in such cases, to find specifically that 
such fraud was practiced or attempted to be practiced, and 
thereupon to give judgment that such claim is forfeited to 
the Government, and that the claimant be forever barred from 
prosecuting the same. 

Ee-enacting § 1086, E. S. U. S., 1 Comp. Stat. p. 745, 2 Fed. Stat. 
Ann. p. 71, Pierce, Code, § 7814. 

Sec. 173. No claim shall be allowed by the accounting of- 
ficers under the provisions of the Act of Congress approved 
June sixteenth, eighteen hundred and seventy-four, or by the 
Court of Claims, or by Congress, to any person where such 
claimant, or those under whom he claims, shall willfully, 
knowingly, and with intent to defraud the United States, have 
claimed more than was justly due in respect of such claim, or 
presented any false evidence to Congress, or to any depart- 
ment or court, in support thereof. 

Superseding Act of April 30, 1878, c. 77, § 2, 30 Stat, at L. 534, 1 
Comp. Stat. p. 178. 



Igg THE JUDICIAL CODE [§ 174 

Sec, 174. When judgment is rendered against any claim- 
ant, the court may grant a new trial for any reason which, by 
the rules of common law or chancery in suits between indi- 
viduals, would furnish suflficient ground for granting a new 
trial. 

Ee-enacting § 1087, E. S. U. S., 1 Comp. Stat. p. 745, 2 Fed. Stat. 
Ann. p. 71, Pierce, Code, § 7815. 

Sec. 175. The Court of Claims, at any time while any claim 
is pending before it, or on appeal from it, or within two years 
next after the final disposition of such claim, may, on motion, 
on behalf of the United States, grant a new trial and stay the 
payment of any judgment therein, upon such evidence, cumu- 
lative or otherwise, as shall satisfy the court that any fraud, 
wrong, or injustice in the premises has been done to the United 
States ; but until an order is made staying the payment of a 
judgment, the same shall be payable and paid as now provided 
by law. 

Ee-enacting § 1088, E. S. U. S., 1 Comp. Stat. p. 745, 2 Fed. Stat. 
Ann. p. 72, Pierce, Code, § 7816. "In order to give full effect to this 
statute the Court of Claims must have power to grant a new trial at a 
term subsequent to that at which the judgment was rendered, for it 
explicitly provides that it may be exercised at any time within two years." 
United States v. Ayers, 76 U. S. 9 Wall. 608, 19 L. Ed. 625 ; United 
States V. Crusell, 79 U. S. 12 Wall. 175, 20 L. Ed. 384; Ex paHe Eussell, 
80 U. S. (13 Wall.) 664, 20 L. Ed. 632; Ex Parte United States, 83 
U. S. (16 Wall.) 699, 21 L. Ed. 507; United States v. Young, 94 U. S. 
258, 24 L. Ed. 153; Young v. United States, 95 U. S. 643, 643, 24 L. 
Ed. 467, 468; Belknap v. United States, 150 U. S. 588, 591, 37 L. Ed. 
1191, 1192. A mandate from the Supreme Court does not prevent the 
operation of this statute or take away the power or interfere with the 
discretion of the Court of Claims to grant a new trial. Ex parte Eussell, 
80 U. S. (13 Wall.) 664, 20 L. Ed. 632; Belknap v. United States, 150 
U. S. 588, 591, 37 L. Ed. 1191, 1192. 

Sec. 176. There shall be taxed against the losing party in 
each and every cause pending in the Court of Claims the cost 
of printing the record in such case, which shall be collected, 
except when the judgment is against the United States, by 



il''7] THE COURT OP CLAIMS 167 

the clerk of said court and paid into the Treasury of the United 
States. 

Superseding a provision of the Sundry Civil Appropriation Act of 
March 3, 1877, ch. 105, 19 Stat, at L. 344, 2 Fed. Stat. Ann. p. 293. 

Sec. 177. No interest shall be allowed on any claim up to 
the time of the rendition of judgment thereon by the Court of 
Claims, unless upon a contract expressly stipulating for the 
payment of interest. 

Ee-enacting § 1091, E. S. U. S., 1 Comp. Stat. p. 747, 2 Fed. Stat. 
Ann., p. 73, Pierce, Code, § 7818, enacted as Act of March 3, 1863, ch. 
93, 12 Stat, at L. 1206. This section has been uniformly applied to 
cases arising under the Captured and Abandoned Property Act of March 
12, 1863, and special acts. Eice v. United States, 21 Ct. CI. 413, 122 
U. S. 611, 30 L. Ed. 793. 

Sec. 178. The payment of the amount due by any judgment 
of the Court of Claims, and of any interest thereon allowed by 
law, as provided by law, shall be a full discharge to the United 
States of all claim and demand touching any of the matters 
involved in the controversy. 

Superseding § 1092, E. S. IT. S., 1 Comp. Stat. p. 747, 2 Fed. Stat., 
Ann., p. 74, Pierce, Code, § 7819. That payment is a bar to motions to 
set aside and vacate judgments of the Court of Claims, see Vaughn v. 
IJnited States, 34 Ct. CI. 342. 

Sec. 179. Any final judgment against the claimant on any 
claim prosecuted as provided in this chapter shall forever bar 
any further claim or demand against the United States aris- 
ing out of the matters involved in the controversy, 

Ee-enactment of § 1093 E. S. U. S., 1 Comp. Stat. 747, 2 Fed. Stat. 
Ann. p. 74, Pierce, Code, § 7820. That dismissal for want of jurisdiction 
is not a bar under this section, see Green v. United States, 18 Ct. CI. 93; 
while judgment based on plea of the statute of limitations is. Battelle v. 
United States, 21 Ct. CI. 250. "The judgment of the Court of Claims, 
from which no appeal is taken, is just as conclusive under existing laws 
as the judgment of the Supreme Court, until it is set aside on a motion 
for a new trial." Mr. Justice Clifford, in United States v. O'Grady's 
Exrs., 22 Wall. 641, 22 L. Ed. 772. 

Sec. 180. Whenever any person shall present his petition to 
the Court of Claims alleging that he is or has been indebted 



168 THE JUDICIAL CODE [§ 180 

to the United States as an officer or agent thereof, or by virtue 
of any contract therewith, or that he is the guarantor, or 
surety, or personal representative of any officer or agent or 
contractor so indebted, or that he or the person for whom he 
is such surety, guarantor, or personal representative has held 
any office or agency under the United States, or entered into 
any contract therewith, under which it may be or has been 
claimed that an indebtedness to the United States had arisen 
and exists, and that he or the per&on he represents has applied 
to the proper department of the (government requesting that 
the account of such office, agency, or indebtedness may be ad- 
justed and settled, and that three years have elapsed from the 
date of such application, and said account still remains un- 
settled and unadjusted, and that no suit upon the same has 
been brought by the United States, said court shall, due notice 
first being given to the head of said department and to the 
Attorney Greneral of the United States, proceed to hear the 
parties and to ascertain the amoimt, if any, due the United 
States on said account. The Attorney General shall repre- 
sent the United States at the hearing of said cause. The court 
may postpone the same from time to time whenever justice 
shall require. The judgment of said court or of the Supreme 
Court of the United States, to which an appeal shall lie, as in 
other cases, as to the amount due, shall be binding and con- 
clusive upon the parties. The payment of such amount so 
found due by the court shall discharge such obligation. An 
action shall accrue to the United States against such principal, 
or surety, or representative to recover the amount so found 
due, which may be brought at any time within three years after 
the final judgment of said court; and unless suit shall be 
brought within said time, such claim and the claim on the 
original indebtedness shall be forever barred. The provisions 
of section one hundred and sixty-six shall apply to cases under 
this section. 

Superseding Act of March 3, 1887, § 3, ch. 359, 24 Stat, at L. 505, 1 
Comp. Stat. p. 754, 2 Fed. Stat. Ann. p. 83, Pierce, Code, § 7823. This 
section is for the benefit of persons indebted to the United States. Gerd- 
ing V. United States, 26 Ct. CI. 319. 



§ 181] THE COURT OF CLAIMS 169 

Sec. 181. The plaintiff or the United States, in any suit 
brought under the provision of the section last preceding, 
shall have the same right of appeal as is conferred under sec- 
tions two hundred and forty-two and two hundred and forty- 
three ; and such right shall be exercised only within the time 
and in the manner therein prescribed. 

Superseding the Act of March 3, 1887, § 9, 24 Stat, at L. 507, 1 Comp. 
Stat. p. 756, 2 Fed. Stat. Ann. 85, Pierce, Code § 7829. 

Sec. 182. In any case brought in the Court of Claims under 
any Act of Congress by which that court is authorized to ren- 
der a judgment or decree against the United States, or against 
any Indian tribe or any Indians, or against any fund held in 
trust by the United States for any Indian tribe or for any 
Indians, the claimant, or the United States, or the tribe of 
Indians, or other party in interest shall have the same right 
of appeal as is conferred under sections two hundred and 
forty-two and two hundred and forty-three; and such right 
shall be exercised only within the time and in the manner 
therein prescribed. 

See Act of March 3, 1891, ch. 538, § 10, 26 Stat, at L. 854, 3 Fed. 
Stat. Ann. p. 100, 1 Comp. Stat. p. 763, Pierce, Code § 7853. 

Sec. 183. The Attorney General shall report to Congress, 
at the beginning of each regular session, the suits under sec- 
tion one hundred and eighty, in which a final judgment or de- 
cree has been rendered, giving the date of each and a state- 
ment of the costs taxed in each case. 

See Act of March 3, 1891, ch. 538, § 8, 26 Stat, at L. 853, 1 Comp. 
Stat. p. 763, 2 Fed. Stat. Ann. 92, Pierce, Code § 7851. 

Sec. 184. In any case of a claim for supplies or stores taken 
by or furnished to any part of the military or naval forces of 
the United States for their use during the late Civil War, the 
petition shall aver that the person who furnished such supplies 
or stores, or from whom such supplies or stores were taken, 
did not give any aid or comfort to said rebellion, but was 
throughout that war loyal to the Government of the United 
States, and the fact of such loyalty shall be a jurisdictional 
fact; and unless the said court shall, on a preliminary in- 



170 THE JUDICIAL CODE [§ 185 

quiry, find that the person who furnished such supplies or 
stores, or from whom the same were taken as aforesaid, was 
loyal to the Grovernment of the United States throughout said 
war, the court shall not have jurisdiction of such cause, and 
the same shall, without further proceedings, be dismissed. 

Ee-enacting the Act of March 3, 1883, § 4, ch. 116, 23 Stat, at L. 485, 
1 Comp. Stat. p. 749, 3 Fed. Stat. Ann. p. 79, Pierce, Code, § 7840. On 
the same day (March 3, 1883) a special relief bill was passed (33 Stat, 
at L. 804, ch. Ill) in considering which the Supreme Court has reviewed 
the decisions under the prior act relating to the effect of the proclamation 
of pardon and amnesty of December 35, 1868, 15 Stat, at L. 711. The 
above section was considered in connection with the provision of the 
special (Austin) Act, and the Court said; 

"Undoubtedly Congress framed this Act with due regard to the state 
of decision under the prior Act, and hence, instead of making proof of 
loyalty an integral part of complainant's case with his ownership of the * 
property and his right to the proceeds, as in the Captured and Abandoned 
Property Act, it made the establishment of loyalty in fact, as contra- 
distinguished from innocence in law produced by pardon, a prerequisite 
to jurisdiction. Consent to be sued was given only on this condition." 
Mr. Chief Justice Puller, in Austin v. United States, 155 U. S. 417, 433, 
39 L. Ed. 206, 313. August 30th, 1866, the date on which the President 
proclaimed the Eebellion suppressed throughout the whole of the United 
States (14 Stat, at L. 814) has been recognized as the date closing the 
Eebellion. Act of March 3, 1867, 14 Stat, at L. 433 ; United States v. 
Anderson, 9 Wall. 56, 19 L. Ed. 615.; Austin v. United States, 155 U. S. 
417, 430, 39 L. Ed. 206, 308. 

Sec. 185. The Attorney-General, or his assistants under 
his direction, shall appear for the defense and protection of 
the interests of the United States in all cases which may be 
transmitted to the Court of Claims under the provisions of 
this chapter, with the same power to interpose counter claims, 
oifsets, defenses for fraud practiced or attempted to be prac- 
ticed by claimants, and other defenses, in like manner as he is 
required to defend the United States in said court. 

Ee-enacting Act of March 3, 1883, § 5, ch. 116, 32 Stat, at L. 486, 
1 Comp. Stat. p. 749. 

Sec. 186. No person shall be excluded as a witness in the 
Court of Claims on account of color, because he or she is a 



1 187] THE COURT OF CLAIMS 171 

party to or interested in the cause or proceeding; and any 
plaintiff or party in interest may be examined as a witness 
on the part of the Government. 

Superseding Act of March 3, 1883, § 6, eh. 116, 22 Stat, at L. 486. 
See § 1078 R. S. U. S., 1 Comp. Stat. 743, 2 Fed. Stat. Ann. 69, Pierce, 
Code § 7807. 

Sec. 187. Eeports of the Conrt of Claims to Congress, 
under sections one hundred and forty-eight and one hundred 
and fifty-one, if not finally acted upon during the session at 
which they are reported, shall be continued from session to 
session and from Congress to Congress until the same shall 
be finally acted upon. 

See § 1057, R. S. TJ. S., 1 Comp. Stat. p. 731, 2 Fed. Stat. Ann. p. 55, 
Pierce, Code § 7782. 

See also Act of March 3, 1883, § 7, 22 Stat, at L. 485, 1 Comp. Stat. 
750. 2 Fed. Stat. Ann. 75, Pierce, Code § 7843. 



Chapter Eight. 



THE COURT OF CUSTOMS APPEALS. 



Sec. 

188. Court of Customs Appeals; ap- 

pointment and salary of judges; 
quorum; circuit and district 
judges may act in place of 
judge disqualified, etc. 

189. Court to be always open for busi- 

ness; terms may be held in any 
circuit; when expenses of judges 
to be paid. 

190. Marshal of the court; appoint- 

ment, salary, and duties. 

191. Clerk of the court; appointment, 

salary, and duties. 

192. Assistant clerk, stenographic 

clerks, and reporter; appoint- 
ment, salary, and duties. 

193. Eooms for holding court to be 

provided; bailiffs and messen- 
gers. 

194. To be a court of record; to pre- 

scribe form and style of seal, 



Sec. 

and establish rules and regula- 
tions; may affirm, modify, or re- 
verse and remand case, etc. 

195. Final decisions of Board of Gen- 

eral Appraisers to be reviewed 
only by Customs Court. 

196. Other courts deprived of jurisdic 

tion in customs cases; pending 
cases excepted. 

197. Transfer to Customs Court of 

pending cases; completion of 
testimony. 

198. Appeals from Board of General 

Appraisers; time within which 
to be taken; record to be trans- 
mitted to customs court. 

199. Records filed in Customs court to 

be at once placed on calendar; 
calendar to be called every sixty 
days. 



Sec. 188. There shall be a United States Court of Customs 
Appeals, which shall consist of a presiding judge and four 
associate judges, each of whom shall be appointed by the 
President, by and with the advice and consent of the Senate, 
and shall receive a salary of seven thousand dollars a year. 
The presiding judge shall be so designated in the order of ap- 
pointment and in the commission issued to him by the Presi- 
dent ; and the associate judges shall have precedence according 
to the date of their commissions. Any three members of said 
court shall constitute a quorum, and the concurrence of three 
members shall be necessary to any decision thereof. In case 
of a vacancy or of the temporary inability or disqualification, 

§ 188] 173 



174 THE JUDICIAL CODE [§ 189 

for any reason, of one or two of the judges of said court, the 

President may, upon the request of the presiding judge of 

said court, designate any qualified United States circuit or 

district judge or judges to act in his or their place ; and such 

circuit or district judges shall be duly qualified to so act. 

This court was established by the Act of August 5, 1909, §§ 28, 29, 30, 
61st Congress, Sess. I. c. 6, 36 Stat, at L. p. 105. 

Sec. 189. The said Court of Customs Appeals shall always 
be open for the transaction of business, and sessions thereof 
may, in the discretion of the court, be held in the several 
judicial circuits, and at such places as said court may from 
time to time designate. Any judge who, in pursuance of the 
provisions of this chapter, shall attend a session of said court 
at any place other than the city of Washington, shall be paid, 
upon his written and itemized certificate, by the marshal of 
the district in which the court shall be held, his actual and 
necessary expenses incurred for travel and attendance, and 
the actual and necessary expenses of one stenographic clerk 
who may accompany him ; and such payments shall be allowed 
the marshal in the settlement of his accounts with the United 
States. 

Sec. 190. Said court shall have the serArices of a marshal, 
with the same duties and powers, under the regulations of the 
court, as are now provided for the marshal of the Supreme 
Court of the United States, so far as the same may be ap- 
plicable. Said services within the District of Columbia shall 
be performed by a marshal to be appointed by and to hold 
office during the pleasure of the court, who shall receive a 
salary of three thousand dollars per annum. Said services 
outside of the District of Columbia shall be performed by the 
United States marshals in and for the districts where sessions 
of said court may be held; and to this end said marshals shall 
be the marshals of said court. The marshal of said court, 
for the District of Columbia, is authorized to purchase, under 
the direction of the presiding judge, such books, periodicals, 
and stationery, as may be necessary for the use of said court ; 
and such expenditures shall be allowed and paid by the Sec- 



§ 191] THE COURT OF CUSTOMS APPEALS 175 

retary of the Treasury upon claim duly made and approved 
by said presiding judge. 

Sec. 191. The court shall appoint a clerk, whose office shall 
be in the city of Washington, District of Columbia, and who 
shall perform and exercise the same duties and powers in 
regard to all matters within the jurisdiction of said court as 
are now exercised and performed by the clerk of the Supreme 
Court of the United States, so far as the same may be ap- 
plicable. The salary of the clerk shall be three thousand five 
hundred dollars per annum, which sum shall be in full pay- 
ment for all service rendered by such clerk; and all fees of 
any kind whatever, and all costs shall be by him turned into 
the United States Treasury. Said clerk shall not be appointed 
by the court or any judge thereof as a commissioner, master, 
receiver, or referee. The costs and fees in the said court 
shall be fixed and established by said court in a table of fees 
to be adopted and approved by the Supreme Court of the 
United States within four months after the organization of 
said court: Provided, That the costs and fees so fixed shall 
not, with respect to any item, exceed the costs and fees 
charged in the Supreme Court of the United States ; and the 
same shall be expended, accounted for, and paid over to the 
Treasury of the United States. 

Sec. 192. In addition to the clerk, the court may appoint 
an assistant clerk at a salary of two thousand dollars per 
annum, five stenographic clerks at a salary of one thousand 
six hundred dollars per annum each, one stenographic re- 
porter at a salary of two thousand five hundred dollars per 
annum, and a messenger at a salary of eight hundred and 
forty dollars per annum, all payable in equal monthly install- 
ments, and all of whom, including the clerk, shall hold office 
during the pleasure of and perform such duties as are as- 
signed them by the court. Said reporter shall prepare and 
transmit to the Secretary of the Treasury once a week in 
time for publication in the Treasury Decisions copies of all 
decisions rendered to that date by said court, and prepare 
and transmit, under the direction of said court, at least once 



176 THE JUDICIAL CODE [§ 193 

a year, reports of said decisions rendered to that date, con- 
stituting a volume, which sliall be printed by the Treasury 
Department in such numbers and distributed or sold in such 
manner as the Secretary of the Treasury shall direct. 

Sec. 193. The marshal of said court for the District of 
Columbia and the marshals of the several districts in which 
said Court of Customs Appeals may be held shall, under the 
direction of the Attorney General, and with his approval, 
provide such rooms in the public buildings of the United 
States as may be necessary for said court : Provided, That in 
case proper rooms can not be provided in such buildings, then 
the said marshals, with the approval of the Attorney-General, 
may, from time to time, lease such rooms as may be necessary 
for said court. The bailiffs and messengers of said court 
shall be allowed the same compensation for their respective 
services as are allowed for similar services in the existing 
district courts. In no case shall said marshals secure other 
rooms than those regularly occupied by existing district courts, 
or other public officers, except where such can not, by reason 
of actual occupancy or use, be occupied or used by said Court 
of Customs Appeals. 

Sec. 194. The said Court of Customs Appeals shall be a 
court of record, with jurisdiction as in this chapter estab- 
lished and limited. It shall prescribe the form and style of 
its seal, and the form of its writs and other process and pro- 
cedure, and exercise such powers conferred by law as may 
be conformable and necessary to the exercise of its jurisdic- 
tion. It shall have power to establish all rules and regula- 
tions for the conduct of the business of the court, and as may 
be needful for the uniformity of decisions within its jurisdic- 
tion as conferred by law. It shall have power to review any 
decision or matter within its jurisdiction, and may affirm, 
modify, or reverse the same and remand the case with such 
orders as may seem to it proper in the premises, which shall 
be executed accordingly. 

Sec. 195. The Court of Customs Appeals establishad by 
this chapter shall exercise exclusive appellate jurisdiction 



§ 196] THE COURT OF CUSTOMS APPEALS 177 

to review by appeal, as herein provided, final decisions by a 
Board of General Appraisers in all cases as to the construc- 
tion of the law and the facts respecting the classification of 
merchandise and the rate of duty imposed thereon under such 
classification, and the fees and charges connected therewith, 
and all appealable questions as to the jurisdiction of said 
board, and all appealable questions as to the laws and regu- 
lations governing the collection of the customs revenues ; and 
the judgments and decrees of said Court of Customs Appeals 
shall be final in all such cases. 

For former jurisdiction of the circuit courts to review the decisions of 
the Board of General Appraisers, see Act of June 10, 1890, § 15, c. 407, 
26 Stat, at L. 138, 1 Comp. Stat. p. 1933. As to the appeals from the 
decisions of the circuit courts, the finality of the decisions of the circuit 
courts of Appeals, and that direct appeals from the circuit court to the 
Supreme Court under § 5 of the Act of 1891 (see 26 Stat, at L. 828, chap. 
517, 1 Comp. Stat. p. 549) will not be entertained unless the construction 
or application of the Constitution is involved, see American Sugar Eefin- 
ing Co. V. United States, 211 TJ. S. 155, 53 L. Ed. 129. 

Sec. 196. After the organization of said court, no appeal 
shall be taken or allowed from any Board of United States 
General Appraisers to any other court, and no appellate jur- 
isdiction shall thereafter be exercised or allowed by any other 
courts in cases decided by said Board of United States Gen- 
eral Appraisers; but all appeals allowed by law from such 
Board of General Appraisers shall be subject to review only 
in the Court of Customs Appeals hereby established, accord- 
ing to the provisions of this chapter : Provided, That nothing 
in this chapter shall be deemed to deprive the Supreme Court 
of the United States of jurisdiction to hear and determine all 
customs cases which have heretofore been certified to said 
court from the United States circuit courts of appeals on ap- 
plications for writs of certiorari or otherwise, nor to review 
by writ of certiorari any customs case heretofore decided or 
now pending and hereafter decided by any circuit court of 
appeals, provided application for said writ be made within 
six months after August fifth, nineteen hundred and nine: 
Provided further, That all customs cases decided by a circuit 

Jud. Code— 12 



178 THE JUDICIAL. CODE [§ 197 

or district court of tfie United States or a court of a Territory 
of the United States prior to said date above mentioned, and 
whicli have not been removed from said courts by appeal or 
writ of error, and all such cases theretofore submitted for 
decision in said courts and remaining undecided may be re- 
viewed on appeal at the instance of either party by the United 
States Court of Customs Appeals, provided such appeal be 
taken within one year from the date of the entry of the order, 
judgment, or decrees sought to be reviewed. 

Sec. 197. Immediately upon the organization of the Court 
of Customs Appeals, all cases within the jurisdiction of that 
court pending and not submitted for decision in any of the 
United States circuit courts of appeals, United States circuit, 
territorial or district courts, shall, with the record and sam- 
ples therein, be certified by said courts to said Court of Cus- 
toms Appeals for further proceedings in accordance herewith : 
Provided, That where orders for the taking of further testi- 
mony before a referee have been made in any of such cases, 
the taking of such testimony shall be completed before such 
certification. 

Sec. 198. If the importer, owner, consignee, or agent of 
any imported merchandise, or the collector or Secretary of 
the Treasury, shall be dissatisfied with the decision of the 
Board of General Appraisers as to the construction of the 
law and the facts respecting the classification of such mer- 
chandise and the rate of duty imposed thereon under such 
classification, or with any other appealable decision of said 
board, they, or either of them, may, within sixty days next 
after the entry of such decree or judgment, and not after- 
wards, apply to the Court of Customs Appeals for a review 
of the questions of law and fact involved in such decision: 
Provided, That in Alaska and in the insular and other out- 
side possessions of the United States ninety days shall be 
allowed for making such application to the Court of Customs 
Appeals. Su^h application shall be made by filing in the 
office of the clerk of said court a concise statement of errors 
of law and fact complained of; and a copy of such statement 



§ 199] THE COURT OF CUSTOMS APPEALS 179 

shall be served on the collector, or on tlie importer, owner, 
consignee, or agent, as the case may be. Thereupon the court 
shall immediately order the Board of General Appraisers to 
transmit to said court the record and evidence taken by them, 
together with the certified statement of the facts involved in 
the case and their decision thereon ; and all the evidence taken 
by and before said board shall be competent evidence before 
said Court of Customs Appeals. The decision of said Court 
of Customs Appeals shall be final, and such cause shall be 
remanded to said Board of General Appraisers for further 
proceedings to be taken in pursuance of such determination. 
Sec. 199. Immediately upon receipt of any record trans- 
mitted to said court for determination the clerk thereof shall 
place the same upon the calendar for hearing and submission ; 
and such calendar shall be called and all cases thereupon sub- 
mitted, except for good cause shown, at least once every sixty 
days : Provided, That such calendar need not be called during 
the months of July and August of any year. 



Chaptee Nine. 



THE COMMEBCE COXJBT. 



Sec. 

200. Commerce Court created; judges 

of appointment and designation; 
expense allowance of judges. 

201. Additional circuit judges; ap- 

pointment and assignment. 

202. OfBcers of the court; clerk, mar- 

shal, etc.; salaries, etc. 

203. Court to be always open for busi- 

ness; sessions of, to be held in 
Washington and elsewhere. 

204. Marshals to provide rooms for 

holding court outside of Wash- 
ington. 

205. Assignment of judges to other 

duty; vacancies, how filled. 

206. Powers of court and judges; 

writs, process, procedure, etc. 

207. Jurisdiction of the court. 

208. Suits to enjoin, etc., orders of 

Interstate Commerce Commis- 



See. 

sion to be against United 
States; restraining orders, when 
granted without notice. 

209. Jurisdiction of the court, how in- 

voked; practice and procedure. 

210. Pinal judgments and decrees re- 

viewable in Supreme Court. 

211. Suits to be against United States; 

when United States may inter- 
vene. 

212. Attorney General to control all 

cases; Interstate Commerce Com- 
mission may appear as of right; 
parties interested may inter- 
vene, etc. 

213. Complainants may appear and be 

made parties to case. 

214. Pending cases to be transferred 

to Commerce Court; exception; 
status of transferred cases. 



This court was created by Act of June 18, 1910, ch. 309, 36 Stat, at 
, L. p. 539. 

Sec. 200. There shall be a court of the United States, to 
be known as the Commerce Court, which shall be a court of 
record, and shall have a seal of such form and style as the 
court may prescribe. The said court shall be composed of 
five judges, to be from time to time designated and assigned 
thereto by the Chief Justice of the United States, from among 
the circuit judges of the United States, for the period of five 
years, except that in the first instance the court shall be com- 
posed of the five additional circuit judges referred to in the 
next succeeding section, who shall be designated by the Presi- 
dent to serve for one, two, three, four, and five years, re- 
spectively, in order that the period of designation of one of 

§ 200] 181 



182 THE JUDICIAL CODE [§ 201 

the said judges shall expire in each year thereafter. In case 
of the death, resignation, or termination of assignment of any 
judge so designated, the Chief Justice shall designate a circuit 
judge to fill the vacancy so causfed and to serve during the 
unexpired period for which the original designation was made. 
After the year nineteen hundred and fourteen no circuit judge 
shall be redesignated to serve in the Commerce Court until 
the expiration of at least one year after the expiration of 
the period of his last previous designation. The judge first 
designated for the five-year period shall be the presiding judge 
of said court, and thereafter the judge senior in designation 
shall be the presiding judge. The associate judges shall have 
precedence and shall succeed to the place and powers of the 
presiding judge whenever he may be absent or incapable of 
acting in the order of the date of their designations. Four 
of said judges shall constitute a quorum, and at least a ma- 
jointy of the court shall concur in all decisions. Each of the 
judges during the period of his service in the Commerce Court 
shall, on account of the regular sessions of the court being 
held in the city of Washington, receive in addition to his 
salary as circuit judge an expense allowance at the rate of 
one thousand five himdred dollars per annum. 

Sec. 201. The five additional circuit judges authorized by 
the Act to create a Commerce Court, and for other purposes, 
approved June eighteenth, nineteen hundred and ten, shall 
hold office during good behavior, and from time to time shall 
be designated and assigned by the Chief Justice of the United 
States for service in the district court of any district, or the 
circuit court of appeals for any circuit, or in the Commerce 
Court, and when so designated and assigned for service in 
a district court or circuit court of appeals shall have the pow- 
ers and jurisdiction in this Act conferred upon a circuit judge 
in his circuit. 

Sec. 202. The court shall also have a clerk and a marshal, 
with the same duties and powers, so far as they may be ap- 
propriate and are not altered by rule of the court, as are now 
possessed by the clerk and marshal, respectively, of the Su- 



§ 203] THE COMMERCE COURT 183 

preme Court of the United States. The offices of the clerk 
and marshal of the court shall be in the city of Washington, 
in the District of Columbia. The judges of the court shall ap- 
point the clerk and marshal, and may also appoint, if they 
find it necessary, a deputy clerk and deputy marshal; and 
such clerk, marshal, deputy clerk, and deputy marshal, shall 
hold office during the pleasure of the court. The salary of 
the clerk shall be four thousand dollars per annum ; the salary 
of the marshal three thousand dollars per annum; the salary 
of the deputy clerk two thousand five hundred dollars per 
annum; and the salary of the deputy marshal two thousand 
five hundred dollars per annum. The said clerk and marshal 
may, with the approval of the court, employ all requisite as- 
sistance. The costs and fees in said court shall be established 
by the court in a table thereof, approved by the Supreme Court 
of the United States, within four months after the organiza- 
tion of' the court; but such costs and fees shall in no case 
exceed those charged in the Supreme Court of the United 
States, and shall be accounted for and paid into the Treasury 
of the United States. 

Sec. 203. The Commerce Court shall always be open for 
the transaction of business. Its regular sessions shall be held 
in the city of Washington, in the District of Columbia; but 
the powers of the court or of any judge thereof, or of the 
clerk, marshal, deputy clerk, or deputy marshal, may be ex- 
ercised anywhere in the United States ; and for expedition of 
the work of the court and the avoidance of undue expense or 
inconvenience to suitors the court shall hold sessions in dif- 
ferent parts of the United States as may be found desirable. 
The actual and necessary expenses of the judges, clerk, mar- 
shal, deputy clerk, and deputy marshal of the court incurred 
for travel and attendance elsewhere than in the city of Wash- 
ington shall be paid upon the written and itemized certificate 
of such judge, clerk, marshal, deputy clerk, or deputy mar- 
shal, by the marshal of the court, and shall be allowed to him 
in the settlement of his accounts with the United States. 

Sec. 204. The United States marshals of the several dis- 



184 



THE JUDICIAL. CODE [§ 205 



tricts outside of the city of Washington in which the Com- 
merce Court may hold its sessions shall provide, under the 
direction and with the approval of the Attorney General, 
such rooms in the ptiblic buildings of the United States as may 
be necessary for the court's use; but in case proper rooms 
can not be provided in such public buildings, said marshals, 
with the approval of the Attorney General, may then lease 
from time to time other necessary rooms for the court. 

Sec. 205. If, at any time, the business of the Commerce 
Court does not require the services of all the judges, the Chief 
Justice of the United States maj, by writing, signed by him 
and filed in the Department of Justice, terminate the assign- 
ment of any of the judges or temporarily assign him for 
service in any district court or circuit court of appeals. In 
case of illness or other disability of any judge assigned to the 
Commerce Court the Chief Justice of the United States may 
assign any other circuit judge of the United States to act 
in his place, and may terminate such assignment when the 
exigency therefor shall cease; and any circuit judge so as- 
signed to act in place of such judge shall, during his assign- 
ment, exercise all the powers and perform all the functions 
of such judge. 

Sec. 206. In all cases within its jurisdiction the Commerce 
Court, and each of the judges assigned thereto, shall, re- 
spectively, have and may exercise any and all of the powers 
of a district court of the United States and of the judges of 
said court, respectively, so far as the same may be appropriate 
to the effective exercise of the juxisdiction hereby conferred. 
The Commerce Court may issue all writs and process appro- 
priate to the full exercise of its jurisdiction and powers and 
may prescribe the form thereof. It may also, from time to 
time, establish such rules and regulations concerning plead- 
ing, practice, or procedure in cases or matters within its jur- 
isdiction as to the court shall seem wise and proper. Its 
orders, writs, and process may run, be served, and be return- 
able anywhere in the United States ; and the marshal and dep- 
uty marshal of said court and also the United States marshals 



§207] THE COMMERCE COURT 185 

and deputy marshals in the several districts of the United 
States shall have like powers and be under like duties to act 
for and in behalf of said court as pertain to United States 
marshals and deputy marshals generally when acting under 
like conditions concerning suits or matters in the district 
courts of the United States. 

Sec. 207. The Commerce Court shall have the jurisdiction 
possessed by circuit courts of the United States and the judges 
thereof immediately prior to June eighteenth, nineteen hun- 
dred and ten, over all cases of the following kinds : 

First. All cases for the enforcement, otherwise than by 
adjudication and collection of a forfeiture or penalty or by 
infliction of criminal punishment, of any order of the Inter- 
state Commerce Commission other than for the payment of 
money. 

Second. Cases brought to enjoin, set aside, annul, or sus- 
pend in whole or in part any order of the Interstate Commerce 
Commission. 

Third, Such cases as by section three of the Act entitled 
"An Act to further regulate commerce with foreign nations 
and among the States," approved February nineteenth, nine- 
teen hundred and three, are authorized to be maintained in a 
circuit court of the United States. 

Fourth. All such mandamus proceedings as under the pro- 
visions of section twenty or section twenty-three of the Act 
entitled "An Act to regulate commerce," approved February 
fourth, eighteen hundred and eighty-seven, as amended, are 
authorized to be maintained in a circuit court of the United 
States. 

Nothing contained in this chapter shall be construed as 
enlarging the jurisdiction now possessed by the circuit courts 
of the United States or the judges thereof, that is hereby 
transferred to and vested in the Commerce Court. 

The jurisdiction of the Commerce Court over cases of the 
foregoing classes shall be exclusive ; but this chapter shall not 
affect the jurisdiction possessed by any circuit or district 



186 THE JUDICIAL CODE [§ 208 

coinrt of the United States over cases or proceedings of a 
kind not within the above-enumerated classes. 

First Clause. See Act February 4, 1887, § 16, 24 Stat, at L. 384, 
3 Comp. Stat. p. 3165; Act March 3, 1889, c. 382, § 5, 25 Stat, at L. 
859. See Bast Tennessee, V. & G. E. Co. v. Interstate Commerce Com- 
mission, 181 tr. S. 1, 45 L. Ed. 719. 

Second Clause. See § 208, post. § 15 of the Act of Feb. 4, 1887, 
24 Stat, at L. 384, 3 Fed. Stat. Ann. p. 843, was amended by § 4 of the 
Hepburn Act of June 29, 1906, c. 3591, 34 Stat, at L. 589, 1900 Supp. 
Fed. Stat. Ann. p. 265, to read : "All orders of the Commission, except 
orders for the payment of money, shall take effect within such reasonable 
time, not less than thirty days, and shall continue in force for such 
period of time, not exceeding two years, as shall be prescribed in the 
order of the Commission, unless the same shall be suspended or modi- 
fied or set aside by the Commission, or be suspended or set aside by a 
court of competent jurisdiction." The last phrase is the basis of § 208 
of this Code, and has been thus commented upon by Judge l!foyes: 
"Under one possible construction of this provision, a court could only set 
aside an order when it infringed upon a constitutional right of the car- 
rier, or failed to comply with the provisions of the statute. The objec- 
tions to the validity of the present order which have already been exam- 
ined illustrate these questions which the court undoubtedly has power 
to pass upon. On the other hand, under another possible construction of 
the provision, the court has power to pass upon the reasonableness of the 
orders of the commission upon their merits. We notice a trend in the 
decisions toward the latter construction." New York Cent. & H. E. E. 
Co. V. Interstate Commerce Commission, 168 Fed. Eep. 131, 139. 

Third Clause. As to the jurisdiction formerly vested in the circuit 
courts see Act of February 19, 1903, 32 Stat, at L. 847, § 3, 10 Fed. Stat. 
Ann. p. 170, Supp. Comp. Stat. p. 599, Pierce, Code § 6453. 

Fourth Clause. See Act of February 4, 1887, §§ 20, 23, 24 Stat, 
at L. 379, 3 Fed. Stat. Ann. p. 809, 3 Comp. Stat. pp. 3169, 3171. 

Sec. 208. Suits to enjoin, set aside, annul, or suspend any 
order of the Interstate Commerce Commission shall be brought 
in the Commerce Court against the United States. The pen- 
dency of such suit shall not of itself stay or suspend the 
operation of the order of the Interstate Commerce Commis- 
sion ; but the Commerce Court, in its discretion, may restrain 
or suspend, in whole or in part, the operation of the commis- 
sion's order pending the final hearing and determination of 



§ 209] THE COMMERCE COURT 187 

the suit. No order or in junction so restraining or suspending 
an order of tlie Interstate Commerce Commission shall be 
made bv the Commerce Court otherwise than upon notice and 
after hearing, except that in cases where irreparable damage 
would otherwise ensue to the petitioner, said court, or a judge 
thereof may, on hearing after not less than three days ' notice 
to the Interstate Commerce Commission and the Attorney 
General, allow a temporary stay or suspension in whole or 
in part of the operation of the order of the Interstate Com- 
merce Commission for not more than sixty days from the date 
of the order of such court or judge, pending application to 
the court for its order or injunction, in which case the said 
order shall contain a specific finding, based upon evidence 
submitted to the judge making the order and identified by 
reference thereto, that such irreparable damage would result 
to the petitioner and specifying the nature of the damage. 
The court may, at the time of hearing such application, upon 
a like finding, continue the temporary stay or suspension in 
whole or in part until its decision upon the application. 

Sec. 209. The jurisdiction of the Commerce Court shall be 
invoked by filing in the office of the clerk of the^court a written 
petition setting forth briefly and succinctly the facts consti- 
tuting the petitioner's cause of action, and specifying the 
relief sought. A copy of such petition shall be forthwith 
served by the marshal or a deputy marshal of the Commerce 
Court or by the proper United States marshal or deputy mar- 
shal upon every defendant therein named, and when the United 
States is a party defendant, the service shall be made by filing 
a copy of said petition in the office of the Secretary of the 
Interstate Commerce Commission and in the Department of 
Justice. Within thirty days after the petition is served, un- 
less that time is extended by order of the court or a judge 
thereof, an answer to the petition shall be filed in the clerk's 
office, and a copy thereof mailed to the petitioner's attorney, 
which answer shall briefly and categorically respond to the 
allegations of the petition. No replication need be filed to 
the answer, and objections to the sufficiency of the petition or 



188 



THE JUDICIAL CODE [§ 210 



answer as not setting forth a cause of action or defense must 
be taken at the final hearing or by motion to dismiss the peti- 
tion based on said grounds, which motion may be made at 
any time before answer is filed. In case no answer shall be 
filed as provided herein the petitioner may apply to the 
court on notice for such rehef as may be proper upon the 
facts alleged in the petition. The court may, by rule, pre- 
scribe the method of taking evidence in cases pending in said 
court; and may prescribe that the evidence be taken before 
a single judge of the court, with power to rule upon the ad- 
mission of evidence. Except as may be otherwise provided 
in this chapter, or by rule of the court, the practice and pro- 
cedure in the Commerce Court shall conform as nearly as 
may be to that in like cases in a district court of the United 
States. 

Sec. 210. A final judgment or decree of the Commerce 
Court may be reviewed by the Supreme Court of the United 
States if appeal to the Supreme Court be taken by an ag- 
grieved party within sixty days after the entry of said final 
judgment or decree. Such appeal may be taken in like man- 
ner as appeals from a district court of the United States to 
the .Supreme Court, and the Commerce Court may direct the 
original record to be transmitted on appeal instead of a 
transcript thereof. The Supreme Court may affirm, reverse, 
or modify the final judgment or decree of the Commerce 
Court as the case may require. Appeal to the Supreme Court, 
however, shall in no case supersede or stay the judgment or 
decree of the Commerce Court appealed from, unless the 
Supreme Court or a justice thereof shall so direct; and ap- 
pellant shall give bond in such form and of such amount as 
the Supreme Court, or the justice of that court allowing the 
stay, may require. An appeal may also be taken to the 
Supreme Court of the United States from an interlocutory 
order or decree of the Commerce Court granting or contin- 
uing an injunction restraining the enforcement of an order 
of the Interstate Commerce Commission, provided such ap- 
peal be taken within thirty days from the entry of such order 



§ 211] THE COMMERCE COURT 189 

or decree. Appeals to the Supreme Court under this section 
shall have priority in hearing and determination over all other 
causes except criminal causes in that court. 

Sec. 211. All cases and proceedings in the Commerce Court 
which but for this chapter would be brought by or against 
the Interstate Commerce Commission, shall be brought by or 
against the United States, and the United States may inter- 
vene in any case or proceeding in the Commerce Court when- 
ever, though it has not been made a party, public interests are 
involved. 

Sec. 212. The Attorney General shall have charge and con- 
trol of the interests of the Government in all cases and pro- 
ceedings in the Commerce Court, and in the Supreme Court 
of the United States upon appeal from the Commerce Court. 
If in his opinion the public interest requires it, he may retain 
and employ in the name of the United States, within the ap- 
propriations from time to time made by the Congress for 
such purposes, such special attorneys and counselors at law 
as he may think necessary to assist in the discharge of any of 
the duties incumbent upon him and his subordinate attorneys ; 
and the Attorney-General shall stipulate with such special 
attorneys and counsel the amount of their compensation, 
which shall not be in excess of the sums appropriated therefor 
by Congress for such purposes, and shall have supervision of 
their action: Provided, That the Interstate Commerce Com- 
mission and any party or parties in interest to the proceeding 
before the commission, in which an order or requirement is 
made, may appear as parties thereto of their own motion 
and as of right, and be represented by their counsel, in any 
suit wherein is involved the validity of such order or require- 
ment or any part thereof, and the interest of such party; and 
the court wherein is pending such suit may make all such 
rules and orders as to such appearances and representations, 
the number of counsel, and all matters of procedure, and other- 
wise, as to subserve the ends of justice and speed the deter- 
mination of such suits: Provided further, That communities, 
associations, corporations, firms, and individuals who are in- 



190 THE JUDICIAL CODE [§ 213 

terested in the controversy or question before the Interstate 
Commerce Commission, or in any suit which may be brought 
by any one under the provisions of this chapter, or the Acts 
of which it is amendatory or which are amendatory of it, 
relating to action of the Interstate Commerce Commission, 
may intervene in said suit or proceedings at any time after 
the institution thereof; and the Attorney General shall not 
dispose of or discontinue said suit or proceeding over the 
objection of such party or intervenor aforesaid, but said in- 
tervenor or interveners may prosecute, defend, or continue 
said suit or proceeding unaffected by the action or non-action 
of the Attorney General therein. 

Sec. 213. Complainants before the Interstate Commerce 
Commission interested in a case shall have the right to appear 
and be made parties to the case and be represented before the 
courts by counsel, under such regulations as are now permitted 
in similar circumstances under the rules and practice of equity 
courts of the United States. 

Sec. 214. Until the opening of the Commerce Court, all 
cases and proceedings of which from that time the Commerce 
Court is hereby given exclusive jurisdiction may be brought 
in the same courts and conducted in like manner and with 
like effect as is now provided by law ; and if any such case or 
proceeding shall have gone to final judgment or decree before 
the opening of the Commerce Court, appeal may be taken from 
such final judgment or decree in like manner and with like 
effect as is now provided by law. Any such case or proceed- 
ing within the jurisdiction of the Commerce Court which may 
have been begun in any other court as hereby allowed, before 
the said date, shall be forthwith transferred to the Commerce 
Court, if it has not yet proceeded to final judgment or decree 
in such other court unless it has been finally submitted for 
the decision of such court, in which case the cause shall pro- 
ceed in such court to final judgment or decree and further 
proceeding thereafter, and appeal may be taken direct to the 
Supreme Court; and if remanded, such cause may be sent 
back to the court from which the appeal was taken or to the 
Commerce Court for further proceeding as the Supreme Court 



§ 214] THE COMMERCE COURT 191 

shall direct. All previous proceedings in such transferred 
case shall stand and operate notwithstanding the transfer, 
subject to the same control over them by the Commerce Court 
and to the same right of subsequent action in the case or 
proceeding as if the transferred case or proceeding had been 
originally begun in the Commerce Court. The clerk of the 
court from which any case or proceeding is so transferred 
to the Commerce Court shall transmit to and file in the Com- 
merce Court the originals of all papers filed in such case or 
proceeding and a certified transcript of all record entries in 
the case or proceeding up to the time of transfer. 



Chapter Ten. 



THE SUPREME COTJET. 



Sec. Sec. 

215. Number of justices. 

216. Precedents of the associate jus- 240. 

tices. 

217. Vacancy in the office of Chief 241. 

Justice. 

218. Salaries of justices. 242. 

219. Clerk, marshal, and reporter. 243. 

220. The clerk to give bond. 

221. Deputies of the clerk. 244. 

222. Eecords of the old court of ap- 

peals. 

223. Tables of fees. 

224. Marshal of the Supreme Court. 245. 

225. Duties of the reporter. 

226. Reporter's salary and allowances. 

227. Distribution of reports and di- 246. 

gests. 

228. Additional reports and digests; 247. 

limitation upon cost; estimates 
to be submitted to Congress an- 
nually. 

229. Distribution of Federal Eeporter, 248. 

etc., and Digests. 

230. Terms. 

231. Adjournment for want of a 249. 

quorum. 

232. Certain orders made by less than 250. 

quorum. 

233. Original disposition. 

234. Wtits of prohibition and man- 251. 

damns. 

235. Issues of fact. 252. 

236. Appellate jurisdiction. 

237. Writs of error from judgments 253. 

and decrees of State courts. 

238. Appeals and writs of error from 254. 

United States district courts. 255. 

239. Circuit court of appeals may cer- 

tify questions to Supreme Court 
Jud. Code— 13 193 



for instructions. 

Certiorari to circuit court of ap- 
peals. 

Appeals and writs of error in 
other cases. 

Appeals from Court of Claims. 

Time and manner of appeals from 
the Court of Claims. 

Writs of error and appeals from 
supreme court of and United 
States district court for Porto 
Rico. > 

Writs of error and appeals from 
the Supreme Courts of Arizona 
and New Mexico. 

Writs of error and appeals from 
the Supreme Court of Hawaii. 

Appeals and writs of error from 
the district court for Alaska 
direct to Supreme Court in cer- 
tain cases. 

Appeals and writs of error from 
the Supreme Court of the Phil- 
ippine Islands. 

Appeals and writs of error when 
a Territory becomes a State. 

Appeals and writs of error from 
the Court of Appeals of the Dis- 
trict of Columbia. 

Certiorari to Court of Appeals, 
District of Columbia. 

Appellate jurisdiction under the 
bankruptcy act. 

Precedence of writs of error to 
State courts. 

Cost of printing records. 

Women may be admitted to prac- 
tice. 



194 THE JUDICIAL CODE [§ 215 

Sec. 215. The Supreme Court of the United States shall 
consist of a Chief Justice of the United States and eight as- 
sociate justices, any six of whom shall constitute a quorum. 

Ee-enacting Act of April 10, 1869, § 1, 16 Stat, at L. 44, § 673, E. S. 
TJ. S., 1 Comp. Stat. p. 558, 4 Fed. Stat. Ann. 435, Pierce, Code. § 7287. 

Sec. 216. The associate jiistices shall have precedence ac- 
cording to the dates of their commissions, or, when the com- 
missions of two or more of them bear the same date, according 
to their ages. 

Act of September 24, 1789, c' 20 § 1, 1 Stat, at L. 73. Ee-enacted 
§ 674, E. S. TJ. S., 1 Comp. Stat. p. 558, 4 Fed. Stat. Ann. 435, Pierce, 
Code § 7288. 

Sec. 217. In ease of a vacancy in the office of Chief Justice, 
or of his inability to perform the duties and powers of his 
office, they shall devolve upon the associate justice who is first 
in precedence, until such disability is removed, or another 
Chief Justice is appointed and duly qualified. This provision 
shall apply to every associate justice who succeeds to the 
office of Chief Justice. 

Act of September 24, 1789, c. 20, § 1, 1 Stat, at L. 73. Act June 25, 
1868, c. 81, § 1, 15 Stat, at L. 80. Ee-enacted § 675, E. S. U. S., 1 Comp. 
Stat. p. 558, 4 Fed. Stat. Ann. 435, Pierce, Code § 7289. 

Sec. 218. The Chief Justice of the Supreme Court of the 
United States shall receive the sum of fifteen thousand dol- 
lars a year, and the justices thereof shall receive the sum of 
fourteen thousand five hundred dollars a year each, to be 
paid monthly. 

Superseding § 676, E. S. U. S., 1 Comp. Stat. p. 558, 4 Fed. Stat. 
Ann. 435, Pierce, Code, § 7290. 

Sec. 219. The Supreme Court shall have power to appoint 
a clerk and a marshal for said court, and a reporter of its 
decisions. 

Ee-enacting § 677, E. S. U. S., 1 Comp. Stat. p. 559, 4 Fed. Stat. 
Ann. 73, Pierce, Code, § 7291. 

Sec. 220. The clerk of the Supreme Court shall, before he 
enters upon the execution of his office, give bond, with suf- 
ficient sureties, to be approved by the court, to the United 



I 221] THE SUPREME COURT I95 

States, in tlie sum of not less than five thousand and not more 
than twenty thousand dollars, to be determined and regulated 
by the Attorney General, faithfully to discharge the duties of 
his office, and seasonably to record the decrees, judgments, and 
determinations of the court. The Supreme Court may at any 
time, upon the motion of the Attorney General, to be made 
upon thirty days' notice, require a new bond, or a bond for 
an increased amount within the limits above prescribed; and 
the failure of the clerk to execute the same shall vacate his 
office. All bonds given by the clerk shall, after approval, be 
recorded in his office, and copies thereof from the records, 
certified by the clerk under seal of the court, shall be com- 
petent evidence in any court. The original bonds shall be 
filed in the Department of Justice. 

Superseding Act of February 23, 1875, c. 95, § 3, 18 Stat, at L. 333, 1 
Comp. Stat. p. 619. 

Sec. 221. One or more deputies of the clerk of the Supreme 
Court may be appointed by the court on the application of 
the clerk, and may be removed at the pleasure of the court. 
In case of the death of the clerk, his deputy or deputies shall, 
unless removed, continue in office and perform the duties of 
the clerk in his name until a clerk is appointed and qualified; 
and for the defaults or misfeasances in office of any such 
deputy, whether in the lifetime of the clerk or after his death, 
the clerk, and his estate, and the sureties on his official bond 
shall be liable; and his executor or administrator shall have 
such remedy for any such defaults or misfeasances committed 
after his death as the clerk would be entitled to if the same 
had occured in his lifetime. 

Ee-enaeting § 678, E. S. U. S., Act of June 8," 1872, c. 336, 17 Stat, at 
L. 330, 1 Comp. Stat. p. 559, 4 Fed. Stat. Ann. 73, Pierce, Code, § 7392. 

Sec. 222. The records and proceedings of the court of ap- 
peals, appointed previous to the adoption of the present Con- 
stitution, shall be kept in the office of the clerk of the Supreme 
Court, who shall give copies thereof to any person requiring 
and paying for them, in the manner provided by law for 
giving copies of the records and proceedings of the Supreme 



196 THE JUDICIAL CODE [§ 223 

Court; and such copies shall have like faith and credit with 
all other proceedings of said court. 

Ee-enacting § 679, Act of May 7, 1793, c. 36, § 12, 1 Stat, at L. 279. 
1 Comp. Stat. p. 559, 4 Fed. Stat. Ann. 435, Pierce, Code, § 7293. 

Sec. 223. The Supreme Court is authorized and empowered 
to prepare the table of fees to be charged by the clerk thereof. 

Superseding § 681, E. S. U. S., 1 Comp. Stat. p. 560, 6 Fed. Stat. 
Ann. p. 767. 

Sec. 224. The marshal is entitled to receive a salary at 
the rate of four thousand five hundred dollars a year. He 
shall attend the court at its sessions; shall serve and execute 
all process and orders issuing from it, or made by the Chief 
Justice or an associate justice in pursuance of law ; and shall 
take charge of all property of the United States used by the 
court or its members. With the approval of the Chief Justice 
he may appoint assistants and messengers to attend the court, 
with the compensation allowed to officers of the House of Rep- 
resentatives of similar grade. 

Superseding § 680, E. S. U. S., 1 Comp. Stat. p. 560, 4 Fed. Stat. 
Ann. 159, Pierce, Code, § 7294. 

Sec. 225. The reporter shall cause the decisions of the 
Supreme Court to be printed and published within eight 
months after they are made; and within the same time he 
shall deliver three hundred copies of the volumes of said re- 
ports to the Attorney General. The reporter shall, in any 
year when he is so directed by the court, cause to be printed 
and published a second volume of said decisions, of which he 
shall deliver a like number of copies in like manner and time. 

Superseding § 681, E. S. U. S., 6 Fed. Stat. Ann. 761, 1 Comp. Stat. 
p. 560, Pierce, Code, § 7295. 

Sec. 226. The reporter shall be entitled to receive from the 
Treasury an annual salary of four thousand five hundred dol- 
lars when his report of said decisions constitutes one volume, 
and an additional sum of one thousand two hundred dollars 
when, by direction of the court, he causes to be printed and 
published in any year a second volume; and said reporter 
shall be annually entitled to clerk hire in the sum of one thou- 



§ 227] THE SUPREME COURT 197 

sand two hundred dollars, and to office rent, stationery, and 
contingent expenses in the sum of six hundred dollars : Pro- 
vided,, That the volumes of the decisions of the court hereto- 
fore published shall be furnished by the reporter to the public 
at a sum not exceeding two dollars per volume, and those 
hereafter published at a sum not exceeding one dollar and 
seventy-five cents per volume ; and the number of volumes now 
required to be delivered to the Attorney-General shall be fur- 
nished by the reporter without any charge therefor. Said 
salary and compensation, respectively, shall be paid only when 
he causes such decisions to be printed, published, and deliv- 
ered within the time and in the manner prescribed by law, 
and upon the condition that the volumes of said reports shall 
be sold by him to the public for a price not exceeding one 
dollar and seventy-five cents a volume. 

Superseding § 682, E. S. U. S., 1 Comp. Stat. p. 560, 6 Fed. Stat. 
Ann. 767, Pierce, Code § 7296. As amended, Act of August 5, 1882, c. 
389, § 1, 22 Stat, at L. 254, 1 Comp. Stat. p. 561. 

Sec. 227. The Attorney General shall distribute copies of 
the Supreme Court reports, as follows : To the President, the 
justices of the Supreme Court, the judges of the Commerce 
Court, the judges of the Court of Customs Appeals, the judges 
of the circuit courts of appeals, the judges of the district 
courts, the judges of the Court of Claims, the judges of the 
Court of Appeals and of the Supreme Court of the District of 
Colimabia, the judges of the several Territorial courts, the 
Secretary of State, the Secretary of the Treasury, the Secre- 
tary of War, the Secretary of the Navy, the Secretary of the 
Interior, the Postmaster General, the Attorney General, the 
Secretary of Agriculture, the Secretary of Commerce and 
Labor, the Solicitor General, the Assistant to the Attorney 
General, each Assistant Attorney General, each United States 
district attorney, each Assistant Secretary of each Executive 
Department, the Assistant Postmasters General, the Secre- 
tary of the Senate for the use of the Senate, the Clerk of the 
House of Eepresentatives for the use of the House of Repre- 
sentatives, the Governors of the Territories, the Solicitor for 
the Department of State, the Treasurer of the United States, 



198 THE JUDICIAL CODE [§ 227 

the Solicitor of the Treasury, the Register of the Treasury, 
the Comptroller of the Treasury, the Comptroller of the Cur- 
rency, the Commissioner of Internal Revenue, the Director of 
the Mint, each of the six Auditors in the Treasury Depart- 
ment, the Judge Advocate General, War Department, the 
Paymaster General, War Department, the Judge Advocate 
General, Navy Department, the Commissioner of Indian Af- 
fairs, the Commissioner of Pensions, the Commissioner of 
the General Land Office, the Commissioner of Patents, the 
Commissioner of Education, the Commissioner of Labor, the 
Commissioner of Navigation, the Commissioner of Corpora- 
tions, the Commissioner General of Immigration, the Chief of 
the Bureau of Manufactures, the Director of the Geological 
Survey, the Director of the Census, the Forester, Department 
of Agriculture, the Purchasing Agent, Post Office Depart- 
ment, the Interstate Commerce Commission, the Clerk of the 
Supreme Court of the United States, the Marshal of the 
Supreme Court of the United States, the Attorney for the 
District of Columbia, the Naval Academy at Annapolis, the 
Military Academy at West Point, and the heads of such other 
executive offices as may be provided by law, of equal grade 
with any of said offices, each one copy ; to the Law Library of 
the Supreme Court, twenty-five copies; to the Law Library 
of the Department of the Interior, two copies; to the Law 
Library of the Department of Justice, two copies; to the 
Secretary of the Senate for the use of the committees of the 
Senate, twenty-five copies ; to the Clerk of the House of Rep- 
resentatives for the use of the committees of the House, thirty 
copies; to the Marshal of the Supreme Court of the United 
States, as custodian of the public property used by the court, 
for the use of the justices thereof in the conference room, 
robing room, and court room, three copies; to the Secretary 
of War for the use of the proper courts and officers of the 
Philippine Islands and for the headquarters of military de- 
partments in the United States, twelve copies; and to each 
of the places where district courts of the United States are 
now holden, including Hawaii, and Porto Rico, one copy. He 
shall also distribute one complete set of said reports, and 



§228] THE SUPREME COURT 199 

one set of the digests thereof, to such executive officers as are 
entitled to receive said reports under this section and have 
not already received them, to each United States judge and 
to each United States district attorney who has not received 
a set, to each of the places where district courts are now held 
to which said reports have not been distributed, and to each 
of the places at which a district court may hereafter be held, 
the edition of said reports and digests to be selected by the 
judge or officer receiving them. No distribution of reports 
and digests under this section shall be made to any place where 
the court is held in a building not owned by the United States, 
unless there be at such place a United, States officer to whose 
responsible custody they can be committed. The clerks of 
said courts (except the Supreme Court) shall in all cases keep 
said reports and digest for the use of the courts and of the 
officers thereof. Such reports and digest shall remain the 
property of the United States, and shall be preserved by the 
officers above named and by them turned over to their suc- 
cessors in office. 

See former Acts ; § 683, E. S. IT. S., 1 Comp. Stat. p. 561, 6 Fed. Stat. 
Ann. 768, Pierce, Code, § 7297; Act of February 12, 1889, c. 135, §§ 1, 2, 
25 Stat, at L. 661, 1 Comp. Stat. p. 562, 6 Fed. Stat. Ann. p. 769, 
Pierce, Code, § 7297. 

Sec. 228. The publishers of the decisions of the Supreme 
Court shall deliver to the Attorney General, in addition to the 
three hundred copies delivered by the Reporter, such number 
of copies of each report heretofore published, as the Attorney 
General may require, for which he shall pay not more than 
two dollars per volume, and such number of copies of each 
report hereafter published as he may require, for which he 
shall pay not more than one dollar and seventy-five cents per 
volume. The Attorney General shall include in his annual 
estimates submitted to Congress, an estimate for the current 
volumes of such reports, and also for the additional sets of 
reports and digests required for distribution under the sec- 
tion last preceding. 

Sec. 229. The Attorney General is authorized to procure 



300 THE JUDICIAL CODE [i 229 

complete sets of the Federal Eeporter or, in his discretion, 
other publication containing the decisions of the circuit courts 
of appeals, circuit courts, and district courts, and digests 
thereof, and also future volumes of the same as issued, and 
distribute a copy of each such reports and digests to each 
place where a circuit Court of appeals, or a district court, is 
now or may hereafter regularly be held, and to the Supreme 
Court of the United States, the Court of Claims, the court of 
Customs Appeals, the Commerce Court, the Court of Ap- 
peals and the Supreme Court of the District of Columbia, the 
Attorney General, the Solicitor General, the Solicitor of the 
Treasury, the Assistant Attorney General for the Department 
of the Interior, the Commissioner of Patents, and the Inter- 
state Commerce Commission; and to the Secretary of the 
Senate, for the use of the Senate, and to the Clerk of the 
House of Eepresentatives, for the use of the House of Repre- 
sentatives, not more than three sets each. Whenever any 
such court room, office, or officer shall have a partial or com- 
plete set of any such reports, or digests, already purchased 
or owned by the United States, the Attorney General shall 
distribute to such court room, office, or officer, only sufficient 
volumes to make a complete set thereof. No distribution of 
reports or digests under this section shall be made to any 
place where the court is held in a building not owned by the 
United States, unless there be at such place a United States 
officer to whose responsible custody they can be committed. 
The clerks of the courts (except the Supreme Court) to which 
the reports and digests are distributed under this section, 
shall keep such reports and digests for the use of the courts 
and the officers thereof. All reports and digests distributed 
under the provisions of this section shall be and remain the 
property of the United States and, before distribution, shall 
be plainly marked on their covers with the words ' ' The Prop- 
erty of the United States," and shall be transmitted by the 
officers receiving them to their successors in oi^ce. Not to 
exceed two dollars per volume shall be paid for the back and 
current volumes of the Federal Eeporter or other publication 
purchased under the provisions of this section, and not to 



§ 230] THE SUPREME COURT 201 

exceed five dollars per volume for the digest, the said money 
to be disbursed under the direction of the Attorney General; 
and the Attorney General shall include in his annual esti- 
mates submitted to Congress, an estimate for the back and 
current volumes of such reports and digests, the distribution 
of which is provided for in this section. 

Sec. 230. The Supreme Court shall hold at the seat of 
government, one term annually, commencing on the second 
Monday in October, and such adjourned or special terms as 
it may find necessary for the dispatch of business. 

See former § 684, E. S. U. S., 1 Comp. Stat. p. 563, 4 Fed. Stat. Ann. 
992, Pierce, Code, § 7309. 

Sec. 231. If, at any session of the Supreme Court, a 
quorum does not attend on the day appointed for holding it, 
the justices who do attend may adjourn the court from day 
to day for twenty days after said appointed time, unless there 
be sooner a quorum. If a quorum does not attend within 
said twenty days, the business of the court shall be continued 
over till the next appointed session; and if, during a term, 
after a quorum has assembled, less than that number attend 
on any day, the justices attending may adjourn the court from 
day to day until there is a quorum, or may adjourn without day. 

Ee-enacting § 685, E. S. U. S., 1 Comp. Stat. p. 563, 4 Fed. Stat. 
Ann. 693, Pierce, Code, § 7310. 

Sec. 232. The justices attending at any term, when less 
than a quorum is present, may, within the twenty days men- 
tioned in the preceding section, make all necessary orders 
touching any suit, proceeding, or process, depending in or 
returned to the court, preparatory to the hearing, trial, or 
decision thereof. 

Ee-enacting § 686, E. S. U. S., 1 Comp. Stat. p. 564, 4 Fed, Stat. Ann. 
693, Pierce, Code, § 7311. 

Sec. 233. The Supreme Court shall have exclusive juris- 
diction of all controversies of a civil nature where a State is a 
party, except between a State and its citizens, or between a 
State and citizens of other States, or aliens, in which latter 
cases it shall have original but not exclusive jurisdiction. And 
it shall have exclusively all such jurisdiction of suits or 



202 THE JUDICIAL CODE [§ 234 

proceedings against ambassadors or other public ministers, 
or their domestics or domestic servants, as a court of law can 
have consistently with the law of nations; and original, but 
not exclusive, jurisdiction, of all suits brought by ambassa- 
dors, or other public ministers, or in which a consul or vice 
consul is a party. 

Ee-enacting § 687, E. S. U. S., Act of September 24, 1789, c. 30, § 13, 
1 Stat, at L. 80, 1 Comp. Stat. p. 565, 4 Fed. Stat. Ann. 436, Pierce, 
Code, § 7317. 

Jurisdiction Fixed by the Constitution. The original jurisdiction 
of the Supreme Court can neither be enlarged nor restricted by Congress. 
Marbury v. Madison, 1 Cranch. 137, 2 L. Ed. 60. 

Jurisdiction Sparingly Exercised. "The jurisdiction is limited 
and manifestly intended to be sparingly exercised, and should not be 
expanded by construction." California v. Southern Pac. Co., 157 TJ. S. 
329, 261, 39 L. Ed. 683, 695. 

Exclusive and Non-exclusive Jurisdiction Distinguished. "By 
the Constitution and according to the statute this court has exclusive 
jurisdiction of all controversies of a civil nature where a state is a party, 
but not of controversies between a state and its own citizens, and original 
but not exclusive jurisdiction of controversies between a state and citizens 
of another state or aliens." California v. Southern Pac. Co., 157 TJ. S. 
329, 258, 39 L. Ed. 683, 694. 

Sec. 234. The Supreme Court shall have power to issue 
writs of prohibition to the district courts, when proceeding as 
courts of admiralty and maritime jurisdiction; and writs of 
mandamus, in cases warranted by the principles and usages 
of law, to any courts appointed under the authority of the 
United States, or to persons holding office under the authority 
of the United States, where a State, or an ambassador, or 
other public minister, or a consul, or vice consul is a party. 

Ee-enacting § 688, E. S. U. S., Act of September 24, 1789, c. 20, § 13, 
1 Stat, at L. 80, 1 Comp. Stat. p. 565, 4 Fed. Stat. Ann. 439, Pierce, 
Code, § 7318. 

The issuance of the writ of prohibition is limited to cases in which the 
district courts are proceeding as courts of admiralty and maritime juris- 
diction. Ex parte Graham, 10 "Wall. 541, 19 L. Ed. 981 ; Ex parte Baston, 
95 TJ. S. 68, 24 L. Ed. 373. Mandamus "does not lie to control judicial 
discretion, except when the discretion has been abused ; but it is a remedy 



§ 235] THE SUPREME COURT 203 

when the ease is outside the jurisdiction of the court or officer to which 
or to whom the writ is addressed. One of its peculiar and more common 
uses is to restrain inferior courts and to keep them within their lawful 
bounds." Virginia v. Eives, 100 U. S. 313, 25 L. Ed. 667. 

Sec. 235. The trial of issues of fact in the Supreme Court, in 
all actions of law against citizens of the United States shall be 
by jury. 

Ee-enacting § 689, E. S. U. S., Act of September 24, 1789, c. 20, § 13, 
1 Stat, at L. 80, 1 Comp. Stat. p. 565, 4 Fed. Stat. Ann. 443, Pierce, 
Code, § 7319. 

Sec. 236. The Supreme Court shall have appellate juris- 
diction in the cases hereinafter specially provided for. 

Superseding (with §§ 237, 238, 239) §§ 690, 693, E. S. U. S., See 1 
Comp. Stat. p. 556, 4 Fed. Stat. Ann. 443, Pierce, Code, § 7320. 

Sec. 237. A final judgment or decree in any suit in the 
highest court of a State in which a decision in the suit could 
be had, where is drawn in question the validity of a treaty or 
statute of, or an authority exercised under, the United States, 
and the decision is against their validity; or where is drawn 
in question the validity of a statute of, or an authority exer- 
cised under any State, on the ground of their being repug- 
nant to the Constitution, treaties, or laws of the United 
States, and the decision is in favor of their validity ;/ar 
whei^-any"title^jd^ht7-p^rivilegepf»iHinmunity is claimed un- 
der the Constitution, or any treaty or statute of, or commis- 
sion held or authority exercised under, the United States, and 
the decision is against the title, right, privilege, or immunity 
especially set up or claimed, by either party, under such Con- 
stitution, treaty, statute, commission, or authority,) may be 
reexamined and reversed or affirmed in the Supreme Court 
upon a writ of error. The writ shall have the same effect 
as if the judgment or decree complained of had been rendered 
or passed in a court of the United States. The Supreme 
Court may reverse, modify, or affirm the judgment or decree 
of such State court, and may, at their discretion, award exe- 
cution or remand the same to the court from which it was 
removed by the writ. 

Ee-enacting § 709, E. S. F. S., 1 Comp. Stat. p. 575, 4 Fed. Stat. Ann. 
p. 467, Pierce, Code § 7340. Jurisdiction under this provision must be 



204 THE JUDICIAL CODE [§ 238 

strictly within the terms of the statute (Capital Nat. Bank v. Cadiz Nat. 
Bank, 172 U. S. 425, 43 L. Ed. 502), and cannot be conferred by consent 
of the parties (Mills v. Brown, 16 Peters 525, 10 L. Ed. 1055). The 
method of review under this provision is by writ of error. Dower v. 
Richards, 151 U. S. 658, 38 L. Ed. 305. 

j Sec. 238. Appeals and writs of error may be taken from 
the district courts, including the United States district court 
for Hawaii, direct to the Supreme Court in the following 
cases : In any case in which the jurisdiction of the court is in 
issue, in which case the question of jurisdiction alone shall 
be certified to the Supreme Court from the court below for 
decision ; from the final sentences and decrees in prize causes ; 
in any case that involves the construction or application of 
the Constitution of the United States; in any case in which 
the constitutionality of any law of the United States, or the 
vahdity or construction of any treaty made under its author- 
, ity is drawn in question ; and in any case in which the consti- 
tution or law of a State is claimed to be in contravention of 
the Constitution of the United States. 

Superseding Act March 3, 1891, c. 517, § 5, 36 Stat, at L. 827, 1 Comp. 
Stat. p. 549. 

Sec. 239. In any ease within its appellate jurisdiction, as 
defined in section one hundred and twenty-eight, the circuit 
court of appeals at any time may certify to the Supreme 
Court of the United States any questions or propositions of 
law concerning which it desires the instruction of that court 
for its proper decision; and thereupon the Supreme Court 
may either give its instruction on the questions and proposi- 
tions certified to it, which shall be binding upon the circuit 
court of appeals in such case, or it may require that the whole 
record and cause be sent up to it for its consideration, and 
thereupon shall decide the whole matter in controversy in the 
same manner as if it had been brought there for review by 
writ of error or appeal. 

Superseding the first paragraph of Act of March 3, 1891, c. 517, § 6, 
26 Stat, at L. 828, 1 Comp. Stat. p. 550, 4 Fed. Stat. Ann. p. 435, Pierce, 
Code, § 7251. See Hopkins on Patents, § 490. 



§ 240] THE SUPREME COURT 305 

Sec. 240. In any case, civil or criminal, in wliich the judg- 
ment or decree of the circuit court of appeals is made final 
by the provisions of this Title, it shall be competent for the 
Supreme Court to require, by certiorari or otherwise, upon 
the petition of any party thereto, any such case to be certified 
to the Supreme Court for its review and determination, with 
the same power and authority in the case as if it had been 
carried by appeal or writ of error to the Supreme Court. 

Ee-enacting a clause of Act of March 3, 1891, c. 517, § 6, 26 Stat, at 
L. 838, 1 Comp. Stat. p. 550, 4 Fed. Stat. Ann. p. 435, Pierce, Code 
§ 7351. 

Sec. 241. In any case in which the judgment or decree of 
the circuit court of appeals is not made final by the pro- 
visions of this Title, there shall be of right an appeal or writ 
of error to the Supreme Court* of the United States where 
the matter in controversy shall exceed one thousand dollars, 
besides costs. 

Ee-enacting the final clause of the Act of March 3, 1891, c. 517, § 6, 
26 Stat, at L. 828, 1 Comp. Stat. 550, 4 Fed. Stat. Ann. p. 435, Pierce, 
Code § 7251. 

Sec. 242. An appeal to the Supreme Court shall be al- 
lowed on behalf of the United States, from all judgments of 
the Court of Claims adverse to the United States, and on 
behalf of the plaintiff:' in any case where the amount in con- 
troversy exceeds three thousand dollars, or where his claim 
is forfeited to the United States by the judgment of said 
court as provided in section one hundred and seventy-two. 

Ee-enacting § 707 E. S. U. S., 1 Comp. Stat. p. 574, 4 Fed. Stat. Ann. 
p. 467, Pierce, Code § 7338. 

Sec. 243. All appeals from the Court of Claims shall be 
taken within ninety days after the judgment is rendered, and 
shall be allowed under such regulations as the Supreme Court 
may direct. 

Ee-enacting § 708 E. S. U. S., 1 Comp. Stat. p. 575, 4 Fed. Stat. Ann. 
467, Pierce, Code, § 7339. 

Sec. 244. Writs of error and appeals from the final judg- 
ments and decrees of the supreme court of, and the United 



306 THE JUDICIAL, CODE [§ 245 

States district court for, Porto Eieo, may be taken and 
prosecuted to the Supreme Court of the United States, in 
any case wherein is involved the validity of any copyright, 
or in which is drawn in question the validity of a treaty or 
statute of, or authority exercised under, the United States, 
or wherein the Constitution of the United States, or a treaty 
thereof, or an Act of Congress is brought in question and 
the right claimed thereunder is denied, without regard to the 
sum or value of the matter in dispute ; and in all other cases 
in which the sum or value of the matter in dispute, exclusive 
of costs, to be ascertained by the oath of either party or of 
other competent witnesses, exceeds the sum or value of five 
thousand dollars. Such writs of error and appeals shall be 
taken within the same time, in the same manner, and under 
the same regulations as writs of error and appeals are taken 
to the Supreme Court of the United States from the district 
courts. 

See Act of May 1, 1900, § 35, 31 Stat, at L. 715, 5 Fed. Stat. Ann. p. 
776, Pierce, Code § 9120. 

Sec. 245. Writs of error and appeals from the final judg- 
ments and decrees of the supreme courts of the Territories 
of Arizona and New Mexico may be taken and prosecuted to 
the Supreme Court of the United States in any case wherein 
is involved the validity of any copyright, or in which is drawn 
in question the validity of a treaty or statute of, or authority 
exercised under, the United States, without regard to the sum 
or value of the matter in dispute; and in all other cases in 
which the sum or value of the matter in dispute, exclusive of 
costs, to be ascertained by the oath of either party or of 
other competent witnesses, exceeds the sum or value of five 
thousand dollars. 

See § 1909 E. S. U. S., 7 Fed. Stat. Ann. p. 231. The Supreme Court 
is not given jurisdiction by this section to review decisions of the courts 
named in criminal cases. Farnsworth v. Montana, 129 TJ. S. 104, 32 L. 
Ed. 616. 

Sec. 246. Writs of error and appeals from the final judg- 
ments and decrees of the supreme court of the Territory of 



§ 247] THE SUPREME COURT 



307 



Hawaii may be taken and prosecuted to the Supreme Co»rt 
of the United States, within the same time, in the same man- 
ner, under the same regulations, and in the same classes of 
cases, in which writs of error and appeals from the final 
judgments and decrees of the highest court of a State in 
which a decision in the suit could be had, may be taken and 
prosecuted to the Supreme Court of the United States under 
the provisions of section two hundred and thirty-seven; and 
also in all cases wherein the amount involved, exclusive of 
costs, to be ascertained by the oath of either party or of other 
competent witnesses, exceeds the sum or value of five thou- 
sand dollars. 

See Act of March 3, 1905, § 3, c. 1465, 33 Stat, at L. 1035, 10 Fed. 
Stat. Ann. p. 93. 

Sec. 247. Appeals and writs of error may be taken and 
prosecuted from final judgments and decrees of the district 
court for the district of Alaska or for any division thereof, 
direct to the Supreme Court of the United States, in the 
following cases: In prize cases; and in all cases which in- 
volve the construction or application of the Constitution of 
the United States, or in which the constitutionality of any law 
of the United States or the validity or construction of any 
treaty made under its authority is drawn in question, or in 
which the constitution or law of a State is claimed to be in 
contravention of the Constitution of the United States. Such 
writs of error and appeal shall be taken within the same time, 
in the same manner, and under the same regulations as writs 
of error and appeals are taken from the district courts to the 
Supreme Court. 

See Alaska Code of Civil Procedure, ch. 51, § 504, 31 Stat, at L. 414, 
1 Fed. Stat. Ann. p. 147. 

Sec. 248. The Supreme Court of the United States shall 
have jurisdiction to review, revise, reverse, modify, or affirm 
the final judgments and decrees of the supreme court of the 
Philippine Islands in all actions, eases, causes, and proceed- 
ings now pending therein or hereafter determined thereby, in 
which the Constitution, or any statute, treaty, title, right, or 



308 THE JUDICIAL. CODE [§ 249 

privilege of the United States is involved, or in causes in 
wliicli the value in controversy exceeds twenty-five thousand 
dollars, or in which the title or possession of real estate ex- 
ceeding in value the sum of twenty-five thousand dollars, to 
be ascertained by the oath of either party or of other compe- 
tent witnesses, is involved or brought in question ; and such 
final judgments or decrees may and can be reviewed, revised, 
reversed, modified, or affirmed by said Supreme Court on 
appeal or writ of error by the party aggrieved, within the 
same time, in the same manner, under the same regulations, 
and by the same procedure, as far as applicable, as the final 
judgments and decrees of the district courts of the United 
States. 

See § 10, Act of July 1, 1903, 32 Stat, at L. 695, 5 Fed. Stat. Ann. 
p. 732. 

Sec. 249. In all cases where the judgment or decree of 
any court of a Territory might be reviewed by the Supreme 
Court on writ of error or appeal, such writ of error or appeal 
may be taken, within the time and in the manner provided 
by law, notwithstanding such Territory has, after such judg- 
ment or decree, been admitted as a State; and the Supreme 
Court shall direct the mandate to such court as the nature of 
the writ of error or appeal requires. 

Ee-enacting Act of June 12, 1858, c. 154, § 18, 11 Stat, at L. 328, 
§ 703 E. S. U. S., 1 Comp. Stat. p. 572, 4 Fed. Stat. Ann. 461, Pierce 
Code § 7332. 

Sec. 250. Any final judgment or decree of the court of 
appeals of the District of Columbia may be reexamined and 
affirmed, reversed, or modified by the Supreme Court of the 
United States, upon writ of error or appeal, in the following 
cases : 

First. In cases in which the jurisdiction of the trial court 
is in issue; but when any such case is not otherwise review- 
able in said Supreme Court, then the question of jurisdiction, 
alone shall be certified to said Supreme Court for decision. 

Second. In prize cases. 

Third. In cases involving the construction or application 



§ 251] THE SUPREME COURT 



209 



of the Constitution of the United States, or the constitu- 
tionality of any law of the United States, or the validity or 
construction of any treaty made under its authority. 

Fourth. In cases in which the constitution, or any law of a 
State, is claimed to be in contravention of the Constitution of 
the United States. 

Fifth. In cases in which the validity of any authority ex- 
ercised under the United States, or the existence or scope of 
any power or duty of an officer of the United States is drawn 
in question. 

Sixth. In cases in which the construction of any law of 
the United States is drawn in question by the defendant. 

Except as provided in the next succeeding section, the judg- 
ments and decrees of said court of appeals shall be final in 
all cases arising under the patent laws, the copyright laws, 
the revenue laws, the criminal laws, and in admiralty cases; 
and, except as provided in the next succeeding section, the 
judgments and decrees of said court of appeals shall be final 
in all cases not reviewable as hereinbefore provided. 

"Writs of error and appeals shall be taken within the same 
time, in the same manner, and under the same regulations as 
writs of error and appeals are taken from the circuit courts 
of appeals to the Supreme Court of the United States. 

See former §§ 705, 706 E. S. U. S. and Act of Feb. 9, 1893, c. 74, § 8, 
27 Stat, at L. 436, 1 Comp. Stat. p. 573, 4 Fed. Stat. Ann. 466, Pierce, 
Code § 7335. 

Sec. 251. In any case in which the judgment or decree of 
said court of appeals is made final by the section last pre- 
ceding, it shall be competent for the Supreme Court of the 
United States to require, by certiorari or otherwise, any such 
case to be certified to it for its review and determination, 
with the same power and authority in the case as if it had 
been carried by writ of error or appeal to said Supreme 
Court. It shall also be competent for said court of appeals, 
in any case in which its judgment or decree is made final 
under the section last preceding, at any time to certify to the 
Supreme Court of the United States any questions or propo- 
sitions of law concerning which it desires the instruction of 



Jud. Code — 14 



310 THE JUDICIAL CODE [§ 252 

that court for their proper decision; and thereupon the Su- 
preme Court may either give its instruction on the questions 
and propositions certified to it, which shall he binding upon 
said court of appeals in such case, or it may require that the 
whole record and cause he sent up to it for its consideration, 
and thereupon shall decide the whole matter in controversy 
in the same manner as if it had been brought there for review 
by writ of error or appeal. 

See Act of March 3, 1897, c. 390, 39 Stat, at L. 692, 1 Comp. Stat. p. 
574, Pierce, Code § 7337. 

Sec. 252. The Supreme Court of the United States is 
hereby invested with appellate jurisdiction of controversies 
arising in bankruptcy proceedings, from the courts of bank- 
ruptcy, from which it has appellate jurisdiction in other 
cases; and shall exercise a like jurisdiction from courts of 
bankruptcy not within any organized circuit of the United 
States and from the supreme court of the District of Co- 
lumbia. 

An appeal may be taken to the Supreme Court of the 
United States from any final decision of a court of appeals 
allowing or rejecting a claim under the laws relating to 
bankruptcy, under such rules and within such time as may be 
prescribec' by said Supreme Court, in the following cases 
and no other : 

First. "\^rhere the amount in controversy exceeds the sum 
of two thousand dollars, and the question involved is one 
which might have been taken on appeal or writ of error from 
the highest court of a State to the Supreme Court of the 
United States; or 

Second. Where some justice of the Supreme Court shall 
certify that in his opinion the determination of the question 
involved in the allowance or rejection of such claim is essen- 
tial to a uniform construction of the laws relating to bank- 
ruptcy throughout the United States. 

Conti^oversies may be certified to the Supreme Court of the 
United States from other courts of the United States, and 
the former court may exercise jurisdiction thereof, and may 



§ 253] THE SUPREME COURT gH 

issue writs of certiorari pursuant to the provisions of the 
United States laws now in force or such, as may be hereafter 
enacted. 

See Act of July 1, 1898, c. 541, § 24, 30 Stat, at L. 553, 3 Comp. Stat. 
p. 3431, Pierce, Code § 1377. 

Sec. 253. Cases on writ of error to revise the judgment of 
a State court in any criminal case shall have precedence on 
the docket of the Supreme Court, of all cases to which the 
Government of the United States is not a party, excepting 
only such cases as the court, in its discretion, may decide to 
be of public importance. 

Ee-enacting § 710, E. S. U. S., 1 Comp. Stat. 576, 4 Fed. Stat. Ann. 
490, Pierce, Code, § 7341. 

Sec. 254. There shall be taxed against the losing party in 
each and every cause pending in the Supreme Court the cost 
of printing the record in such case, except when the judgment 
is against the United States. 

Superseding Act of March 3, 1877, c. 105, § 1, 19 Stat, at L. 344, 2 
Fed. Stat. Ann. 293, Pierce, Code, § 208. 

Sec. 255. Any woman who shall have been a member of 
the bar of the highest court of any State or Territory, or of 
the court of appeals of the District of Columbia, for the space 
of three years, and shall have maintained a good standing be- 
fore such court, and who shall be a person of good moral 
character, shall, on motion, and the production of such record, 
be admitted to practice before the Supreme Court of the 
United States. 

Ee-enacting Act of February 15, 1879, c. 81, 20 Stat, at L. 292, 1 
Comp. Stat. p. 590, 1 Fed. Stat. Ann. 518, Pierce, Code, § 1348. 



Chapter Elevek. 



PKOVISIONS COMMON TO MOEB ^HAN" ONE COTJET. 



Sec. 

256. Cases in which juiisdietion of 

United States courts shall be ex- 
clusive of State courts. 

257. Oath of United States judges. 

258. Judges prohibited from practicing 

law. 

259. Traveling expenses, etc., of cir- 

cuit justices and circuit and 
district judges. 

260. Salary of judges after resigna- 

tion. 

261. Writs of ne exeat. 

262. Power to issue writs. 

263. Temporary restraining orders. 

264. Injunctions; in what cases judge 

may grant. 

265. Injunctions to stay proceedings in 

State courts. 

266. Injunctions based upon alleged 



Sec. 

unconstitutionality of State 

statutes; when and by whom 

may be granted. 
267. When suits in equity may be 

maintained. 
268: Power to administer oaths and 

punish contempts. 

269. New trials. 

270. Power to hold to security for the 

peace and good behavior. 

271. Power to enforce awards of for- 

eign consuls, etc., in certain 
cases. 

272. Parties may manage their causes 

personally or by counsel. 

273. Certain officers forbidden to act 

as attorneys. 

274. Penalty for violating preceding 

section. 



Sec 256. The jurisdictioii vested in the courts of the 
CTnited States in the cases and proceedings hereinafter men- 
vioned, shall be exclusive of the courts of the several States : 

First. Of all crimes and offenses cognizable under the au- 
thority of the United States. 

Second. Of all suits for penalties and forfeitures incurred 
under the laws of the United States, 

Third. Of all civil causes of admiralty and maritime juris- 
diction ; saving to suitors, in all cases, the right of a common- 
law remedy, where the common law is competent to give it. 

Fourth. Of all seizures under the laws of the United 
States, on land or on waters not within admiralty and mari- 
time jurisdiction ; of all prizes brought into the United States ; 

§ 256] 213 



314 THE JUDICIAL CODE [§ 257 

and of all proceedings for tlie condemnation of property 
taken as prize. 

Fifth. Of all cases arising nnder the patent-right, or copy- 
right laws of the United States. 

Sixth. Of all matters and proceedings in bankruptcy. 

Seventh. Of all controversies of a civil nature, where a 
State is a party, except between a State and its citizens, or 
between a State and citizens of other States, or aliens. 

Eighth. Of all suits and proceedings against ambassadors, 
or other public ministers, or their domestics, or domestic 
servants, or against consuls or vice-consuls. 

Superseding § 711 E. S. U. S. 1 Comp. Stat. p. 577, 4 Fed. Stat. Ann. 
p. 493, Pierce, Code § 7347. 

For consideration of the various subjects embraced in this section see 
notes to § 24, ante. 

Sec. 257. The justices of the Supreme Court, the circuit 
judges, and the district judges, hereafter appointed, shall take 
the following oath before they proceed to perform the duties 

of their respective offices: "I, , do solemnly 

swear (or affirm) that I will administer justice without re- 
spect to persons, and do equal right to the poor and to the 
rich, and that I will faithfully and impartially discharge and 
perform all the duties incumbent upon me as accord- 
ing to the best of my abilities and understanding, agreeably 
to the Constitution and laws of the United States: So help 
me God." 

Ee-enacting § 712 E. S. TJ. S., 1 Comp. Stat. p. 578, 4 Fed. Stat. Ann. 
p. 497, Pierce, Code § 7348. 

■Sec. 258. It shall not be lawful for any judge appointed 
under the authority of the United States to exercise the pro- 
fession or employment of counsel or attorney, or to be en- 
gaged in the practice of the law. Any person offending 
against the prohibition of this section shall be deemed guilty 
of a high misdemeanor. 

Ee-enacting § 713, E. S. TJ. S., 1 Comp. Stat. p. 578, 4 Fed. Stat. Ann. 
p. 497, Pierce, Code § 7349. 

Sec. 259. The circuit justices, the circuit and district 



§ 260] PROVISIONS COMMON TO MORE THAN ONE COURT 315 

judges of the United States, and the judges of the district 
courts of the United States in Alaska, Hawaii, and Porto 
Eico, shall each be allowed and paid his necessary expenses 
of travel, and his reasonable expenses (not to exceed ten dol- 
lars per day) actually incurred for maintenance, consequent 
upon his attending court or transacting other official business 
in pursuance of law at any place other than his official place 
of residence, said expenses to be paid by the marshal of the 
district in which such court is held or official business trans- 
acted, upon the written certificate of the justice or judge. 
The official place of residence of each jtistice and of each cir- 
cuit judge while assigned to the Commerce Court shall be at 
Washington ; and the official place of residence of each circuit 
and district judge, and of each judge of the district courts of 
the United States in Alaska, Hawaii, and Porto Eico, shall be 
at that place nearest his actual residence at which either a 
circuit court of appeals or a district court is regularly held. 
Every such judge shall, upon his appointment, and from time 
to time thereafter whenever he may change his official resi- 
dence, in writing notify the Department of Justice of his 
official place of residence. 

See § 596 E. S. U. S., 1 Comp. Stat. p. 483, 4 Fed. Stat. Ann. p. 677, 
Pierce, Code § 7102 ; repealed, so far as it forbade allowance of expenses. 
Act March 3, 1881, c. 133, 21 Stat, at L. 454, 1 Comp. Stat. p. 482, 4 
Fed. Stat. Ann. p. 677, Pierce, Code § 257. 

Sec. 260. When any judge of any court of the United 
States appointed to hold his office during good behavior re- 
signs his office, after having held a commission or commis- 
sions as judge of any such court or courts at least ten years 
continuously, and having attained the age of seventy years, 
he shall, during the residue of his natural life, receive the 
salary whiclj is payable at the time of his retirement for the 
office that he held at the time of his resignation. 

Ee-enacting § 714 E. S. U. S., 1 Comp. Stat. p. 578, 4 Fed. Stat. Ann. 
p. 498, Pierce, Code § 7350. 

Sec. 261. Writs of ne exeat may be granted by any jus- 
tice of the Supreme Court, in cases where they might be 



216 



THE JUDICIAL CODE [§ 262 



granted by tlie Supreme Court ; and by any district judge, in 
cases wbere they might be granted by the district court of 
which he is a judge. But no writ of ne exeat shall be granted 
unless a suit in equity is commenced, and satisfactory proof 
is made to the court or judge granting the same that the 
defendant designs quickly to depart from the United States. 
Ee-enacting § 717 E. S. U. S., 1 Comp. Stat. p. 580, 5 Fed. Stat. Ann. 
p. 353, Pierce, Code § 7353. 

Sec. 262. The Supreme Court and the district courts shall 
have power to issue writs of scire facias. The Supreme Court, 
the circuit courts of appeals, and the district courts shall have 
power to issue all writs not specifically provided for by stat- 
ute, which may be necessary for the exercise of their respec- 
tive jurisdictions, and agreeable to the usages and principles 
of law. 

Ee-enacting § 716 E. S. TJ. S., 1 Comp. Stat. p. 580, 4 Fed. Stat. Ann. 
p. 498, Pierce, Code § 7353. 

Sec. 263. Whenever notice is given of a motion- for an in- 
junction out of a district court, the court or judge thereof 
may, if there appears to be dangerof irreparable injury from 
delay, grant an order restraining the act sought to be en- 
joined until the decision upon the motion; and such order 
may be granted with or without security, in the discretion of 
the court or judge. 

Ee-enacting § 718 E. S. U. S., 1 Comp. Stat. p. 580, 4 Fed. Stat. Ann. 
p. 506, Pierce, Code, § 7354. 

Sec. 264. Writs of injunction may be granted by any jus- 
tice of the Supreme Court in cases where they might be 
granted by the Supreme Court ; and by any judge of a district 
court in cases where they might be granted by such court. 
But no justice of the Supreme Court shall hear or allow any 
application for an injunction or restraining order in any 
cause pending in the circuit to which he is allotted, elsewhere 
than within such circuit, or at such place outside of the same 
as the parties may stipulate in writing, except when it can not 
be heard by the district judge of the district. In case of the 



§265] PROVISIONS COMMON TO MORE THAN ONE COURT 217 

absence from the district of the district judge, or of his dis- 
ability, any circuit judge of the circuit in which the district 
is situated may grant an injunction or restraining order in 
any case pending in the district court, where the same might 
be granted by the district judge. 

Ee-enacting § 719 E. S. U. S., 1 Comp. Stat. p. 581, 4 Fed. Stat. Ann. 
p. 508, Pierce, Code § 7355. 

Sec. 265. The writ of injunction shall not be granted by 
any court of the United States to stay proceedings in any 
court of a State, except in cases where such injunction may 
be authorized by any law relating to proceedings in bank- 
ruptcy. 

Ee-enaeting § 720, E. S. IT. S., 1 Comp. Stat. 581, 4 Fed. Stat. Ann. 
p. 509, Pierce, Code § 7356. 

Sec. 266. No interlocutory injunction suspending or re- 
straining the enforcement, operation, or execution of any 
statute of a State by restraining the action of any officer of 
such State in the enforcement or execution of such statute, 
shall be issued or granted by any justice of the Supreme 
Court, or by any district court of the United States, or by 
any judge thereof, or by any circuit judge acting as district 
judge, upon the ground of the unconstitutionality of such 
statiTte, unless the application for the same shall be presented 
to a justice of the Supreme Court of the United States, or to 
a circuit or district judge, and shall be heard and determined 
by three judges, of whom at least one shall be a justice of the 
Supreme Court, or a circuit judge, and the other two may be 
either circuit or district judges, and tmless a majority of said 
three judges shall concur in granting such application. When- 
ever such application as aforesaid is presented to a justice 
of the Supreme Court, or to a judge, he shall immediately call 
to his assistance to hear and determine the application two 
other judges : Provided, hoivever, That one of such three 
judges shall be a justice of the Supreme Court, or a circuit 
judge. Said application shall not be heard or determined 
before at least five days' notice of the hearing has been given 
to the governor and to the attorney general of the State, and 



218 THE JUDICIAL CODE [§ 267 

to such other persons as may be defendants in the suit : Pro- 
vided, That if of opinion that irreparable loss or damage 
would result to the complainant unless a temporary restrain- 
ing order is granted, any justice of the Supreme Court, or 
any circuit or district judge, may grant such temporary re- 
straining order at any time before such hearing and determi- 
nation of the application for an interlocutory injunction, but 
such temporary restraining order shall remain in force only 
until the hearing and determination of the application for an 
interlocutory injunction upon notice as aforesaid. The hear- 
ing upon such application for an interlocutory injunction 
shall be given precedence and shall be in every way expedited 
and be assigned for a hearing at the earliest practicable day 
after the expiration of the notice hereinbefore provided for. 
An appeal may be taken direct to the Supreme Court of the 
United States from the order granting or denying, after 
notice and hearing, an interlocutory injunction in such case. 

Superseding Act of June 18, 1910, § 17, ch. 309, 36 Stat, at L. 557. 
As to injunction to restrain the enforcement of a state law, see Ex parte 
Young, 209 U. S. 123, 52 L. Ed. p. 714. 

Sec. 267. Suits in equity shall not be sustained in any 
court of the United States in any case where a plain, ade- 
quate, and complete remedy may be had at law. 

Ee-enacting § 723 E. S. U. S., 1 Comp. Stat. p. 583, 4 Eed. Stat. Ann. 
p. 530, Pierce, Code § 7359. As this section merely embodies an 
elementary rule of law, it might well have been omitted from the Code. 

Sec. 268. The said courts shall have power to impose and 
administer all necessary oaths, and to punish, by fine or im- 
prisonment, at the discretion of the court, contempts of their 
authority: Provided, That such power to punish contempts 
shall not be construed to extend to any cases except the mis- 
behavior of any person in their presence, or so near thereto 
as to obstruct the administration of justice, the misbehavior 
of any of the officers of said courts in their official transac- 
tions, and the disobedience or resistance by any such officer, 
or by any party, juror, witness, or other person to any lawful 



§ 269] PROVISIONS COMMON TO MORE THAN ONE COURT 319 

writ, process, order, rule, decree, or command of the said 
courts. 

Ee-enacting § 725 E. S. U. S., 1 Comp. Stat. 583, 4 Fed. Stat. Ann. 
p. 534, Pierce, Code § 7361. 

Sec. 269. All of the said courts shall have power to grant 
new trials, in cases where there has been a trial by jury, for 
reasons for which new trials have usually been granted in the 
courts of law. 

Ee-enacting § 726 E. S. U. S., 1 Comp. Stat. p. 584, 4 Fed. Stat. Ann. 
p. 549, Pierce, Code § 7361. 

Sec. 270. The judges of the Supreme Court and of the 
circuit courts of appeals and district courts, United States 
commissioners, and the judges and other magistrates of the 
several States, who are or may be authorized by law to make 
arrests for offenses against the United States, shall have the 
like authority to hold the security of the peace and for good 
behavior, in cases arising under the Constitution and laws of 
the United States, as may be lawfully exercised by any judge 
or justice of the peace of the respective States, in cases cog- 
nizable before them. 

Ee-enacting § 727 E. S. U. S., 1 Comp. Stat. p. 584, 1 Fed. Stat. Ann. 
p. 519, Pierce, Code § 7363. 

Sec. 271. The district courts and the United States com- 
missioners shall have power to carry into effect, according 
to the true intent and meaning thereof, the award or arbitra- 
tion or decree of any consul, vice consul, or commercial agent 
of any foreign nation, made or rendered by virtue of author- 
ity conferred on him as such consul, vice consul, or commer- 
cial agent, to sit as judge or arbitrator in such differences 
as may arise between the captains and crews of the vessels 
belonging to the nation whose interests are committed to his 
charge, application for the exercise of such power being first 
made to such court or commissioner, by petition of such con- 
sul, vice consul, or commercial agent. And said courts and 
commissioners may issue all proper remedial process, mesne 
and final, to carry into full effect such award, arbitration, or 
decree, and to enforce obedience thereto by imprisonment in 



220 THE JUDICIAL CODE [§ 272 

tlie jail or other place of confinement in tlie district in which 
the United States may lawfully imprison any person arrested 
under the authority of the United States, until such award, 
arbitration, or decree is complied with, or the parties are 
otherwise discharged therefrom, by the consent in writing of 
such consul, vice consul, or commercial agent, or his suc- 
cessor in office, or by the authority of the foreign government 
appointing such consul, vice consul, or commercial agent: 
Provided, however, That the expenses of the said imprison- 
ment and maintenance of the prisoners, and the cost of the 
proceedings, shall be borne by such foreign government, or by 
its consul, vice consul, or commercial agent requiring such 
imprisonment. The marshals of the United States shall serve 
all such process, and do all other acts necessary and proper to 
carry into effect the premises, under the authority of the said 
courts and commissioners. 

Ee-enacting § 738 E. S. U. S., 1 Comp. Stat. p. 584, 4 Fed. Stat. Ann. 
p. 551, Pierce, Code § 7364. 

Sec. 272. In all the courts of the United States the parties 
may plead and manage their own causes personally, or by the 
assistance of such counsel or attorneys at law as, by the rules 
of the said courts, respectively, are permitted to manage and 
conduct causes therein. 

Ee-enacting § 747, E. S. TJ. S., 1 Comp. Stat. 590, 4 Fed. Stat. Ann. 
p. 556, Pierce, Code § 7381. 

Sec. 273. No clerk, or assistant or deputy clerk, of any 
Territorial district, or circuit court of appeals, or of the 
Court of Claims, or of the Supreme Court of the United 
States, or marshal or deputy marshal of the United States 
within the district for which he is appointed, shall act as a 
solicitor, proctor, attorney, or counsel in any cause depend- 
ing in any of said courts, or in any district for which he is 
acting as such officer. 

Ee-enacting § 748 E. S. TJ. S., 1 Comp. Stat. p. 590, 4 Fed. Stat. Ann. 
556, Pierce, Code § 7382. 

Sec. 274. Whoever shall violate the provisions of the pre- 
ceding section shall be stricken from the roll of attorneys by 



§ 274] PROVISIONS COMMON TO MORE THAN ONE COURT 231 

tlie court ■upon complaint, upon ■wMcli the respondent shall 
have due notice and be heard in his defense ; and in the case 
of a marshal or deputy marshal so acting, he shall be recom- 
mended by the court for dismissal from office. 

Ee-enacting § 749 K. S. U. S., 1 Comp. Stat. p. 591, 4 Fed. Stat. Ann. 
p. 153, Pierce, Code § 7383. 



Chaptee Twelve. 

JUBIES. 

Sec. Sec. 

275. Qualifications and exemptions of 283. Foreman of grand jury. 

jurors. 284. Grand juries, when summoned. 

276. Jurors, how drawn. 285. Discharge of grand juries. 

277. Jurors, how to be apportioned in 286. Jurors not to serve more than 

the district. once a year. 

278. Race or color not to exclude. 287. Challenges. 

279. Venire, how issued and served. 288. Persons disqualified for service-* 

280. Talesmen for petit juries. on jury in prosecutions for 

281. Special juries. polygamy, etc. 

282. Number of grand jurors. 

Sec. 275. Jurors to serve in the courts of the United 
States, in eacli State respectively, shall have the same quali- 
fications, subject to the provisions hereinafter contained, and 
be entitled to the same exemptions, as jurors of the highest 
court of law in such State may have and be entitled to at the 
time when such jurors for service in the courts of the United 
States are summoned. 

Superseding § 800 E. S. U. S., 1 Comp. Stat. p. 623, 4 Fed. Stat. Ann. 
p. 737, Pierce, Code § 7456. 

Sec. 276. All such jurors, grand and petit, including those 
summoned during the session of the court, shall be publicly 
drawn from a box containing, at the time of each drawing, 
the names of not less than three hundred persons, possessing 
the qualifications prescribed in the section last preceding, 
which names shall have been placed therein by the clerk of 
such court and a commissioner, to be appointed by the judge 
thereof, or by the judge senior in commission in districts hav- 
ing more than one judge, which commissioner shall be a citi- 
zen of good standing, residing in the district in which such 
court is held, and a well-known member of the principal po- 
litical party in the district in which the court is held opposing 
§ 275] 223 



224 THE JUDICIAL CODE [§ 277 

that to which the clerk may belong, the clerk and said com- 
missioner each to place one name in said box alternately, 
without reference to party affiliations until the whole number 
required shall be placed therein. 

Ee-enacted from a portion of § 2, Act of June 30, 1879, c. 52, 21 Stat, 
at L. 43, 1 Comp. Stat. p. 624, 4 Fed. Stat. Ann. p. 749, Pierce, Code 
§ 7476. 

Sec. 277. Jurors shall be returned from such parts of the 
district, from time to time, as the court shall direct, so as to be 
most favorable to an impartial trial, and so as not to incur an 
unnecessary expense, or unduly burden the citizens of any 
part of the district with such service. 

Ee-enacting § 802 E. S. U. S., 1 Comp. Stat. p. 625, 4 Fed. Stat. Ann. 
p. 741, Pierce, Code § 7457. 

Sec. 278. No citizen possessing all other qualifications 
which are or may be prescribed by law shall be disqualified 
for service as grand or petit juror in any court of the United 
States on account of race, color, or previous condition of 
servitude. 

Ee-enacted from a portion of § 2, Act of June 30, 1879, c. 52, 21 Stat, 
at L. 43, 1 Comp. Stat. p. 624, 4 Fed. Stat. Ann. p. 749, Pierce, Code 
§ 7476. 

Sec. 279. Writs of venire facias, when directed by the 
court, shall issue from the clerk's office, and shall be served 
and returned by the marshal in person, or by his deputy; or, 
in case the marshal or his deputy is not an indifferent person, 
or is interested in the event of the cause, by such fit person as 
may be specially appointed for that purpose by the court, 
who shall administer to him an oath that he will truly and 
impartially serve and return the writ. Any person named 
in such writ who resides elsewhere than at the place at which 
the court is held, shall be served by the marshal mailing a 
copy thereof to such person commanding him to attend as a 
juror at a time and place designated therein, which copy shall 
be registered and deposited in the post office addressed to 
such person at his usual post-office address. And the receipt 
of the person so addressed for such registered copy shall be 



1 280] JURIES 225 

regarded as personal service of such writ upon such person, 
and no mileage shall be allowed for the service of such person. 
The postage and registry fee shall be paid by the marshal and 
allowed him in the settlement of his accounts. 

Superseding § 803, E. S. U. S., 1 Comp. Stat. p. 625, 4 Fed. Stat. Ann. 
p. 743, Pierce, Code § 7458. 

Sec. 280. When, from challenges or otherwise, there is not 
a petit jury to determine any civil or criminal cause, the mar- 
shal or his deputy shall, by order of the court in which such 
defect of jurors happens, return jurymen from the bystanders 
sufficient to complete the panel ; and when the marshal or his 
deputy is disqualified as aforesaid, jurors may be so returned 
by such disinterested person as the court may appoint, and 
such person shall be sworn, as provided in the preceding sec- 
tion. 

Ee-enacting § 804 E. S. TJ. S., 1 Comp. Stat. p. 625, 4 Fed. Stat Ann. 
742, Pierce, Code § 7458. 

Sec. 281. When special juries are ordered in any district 
court, they shall be returned by the marshal in the same man- 
ner and form as is required in such cases by the laws of the 
several States. 

Ee-enacting § 805 E. S. V. S., 1 Comp. Stat. p. 626, 4 Fed. Stat. Ann. 
p. 743, Pierce, Code § 7460. 

Sec. 282. Every grand jury impaneled before any district 
court shall consist of not less than sixteen nor more than 
twenty-three persons. If of the persons summoned less than 
sixteen attend, they shall be placed on the grand jury, and the 
court shall order the marshal to summon, either immediately 
or for a day fixed, from the body of the district, and not from 
the bystanders, a sufficient number of persons to complete the 
grand jury. And whenever a challenge to a grand juror is 
allowed, and there are not in attendance other jurors sufficient 
to complete the grand jury, the court shall make a like order 
to the marshal to summon a sufficient number of persons for 
that purpose. 

Superseding § 808 E. S. IT. S., 1 Comp. Stat. p. 626, 4 Fed. Stat. Ann. 
p. 743, Pierce, Code § 7463. 

Jud. Code — 15 



226 THE JUDICIAL. CODE [1 283 

Sec. 283. From the persons summoned and accepted as 
grand jurors, the court shall appoint the foreman, who shall 
have power to administer oaths and affirmations to witnesses 
appearing before the grand jury. 

Ee-enacting § 809 E. S. U. S., 1 Comp. Stat. p. 627, 4 Fed. Stat. Ann. 
p. 744, Pierce, Code § 7464. 

Sec. 284. No grand jury shall be summoned to attend any 
district court unless the judge thereof, in his own discretion 
or upon a notification by the district attorney that such jury 
will be needed, orders a venire to issue therefor. If the 
United States attorney for any district which has a city or' 
borough containing at least three hundred thousand inhabi- 
tants shall certify in writing to the district judge, or the 
senior district judge of the district, that the exigencies of the 
public service require it, the judge may, in his discretion, also 
order a venire to issue for a second grand jury. And said 
court may in term order a grand jury to be summoned at such 
time, and to serve such time as it may direct, whenever, in its 
judgment, it may be proper to do so. But nothing herein shall 
operate to extend beyond the time permitted by law the im- 
prisonment before indictment found of a person accused of a 
crime or offense, or the time during which a person so accused 
may be held under recognizance before indictment found. 

Superseding § 810, E. S. U. S., 1 Comp. Stat. p. 627, 4 Fed. Stat. Ann. 
p. 744, Pierce, Code § 7465. 

Sec. 285. The district courts, the district courts of the 
Territories, and the Supreme Court of the District of Co- 
lumbia may discharge their grand juries whenever they deem 
a continuance of the sessions of such juries unnecessary. 

Superseding § 811 E. S. U. S., 1 Comp. Stat. p. 627, 4 Fed. Stat. Ann. 
744, Pierce Code § 7466. 

Sec. 286. No person shall serve as a petit juror in any 
district court more than one term in a year; and it shall be 
sufficient cause of challenge to any juror called to be sworn in 
any case that he has been summoned and attended said court 
as a juror at any term of said court held within one year prior 
to the time of such challenge. 



i 287] JURIES 227 

Superseding § 812 E. S. U. S., 1 Comp. Stat. p. 637, 4 Fed. Stat. Ann. 
p. 744, Pierce, Code § 7467. 

Sec. 287. "When the offense charged is treason or a capital 
offense, the defendant shall be entitled to twenty and the 
United States to six peremptory challenges On the trial of 
any other felony, the defendant shall be entitled to ten and 
the United States to six peremptory challenges; and in all 
other cases, civil and criminal, each party shall be entitled to 
three peremptory challenges ; and in all cases where there are 
several defendants or several plaintiffs, the parties on each 
side shall be deemed a single party for the purposes of all 
challenges under this section. All challenges, whether to the 
array or panel, or to individual jurors for cause or favor, 
shall be tried by the court without the aid of triers. 

Superseding § 819 E. S. U. S., 1 Comp. Stat. p. 628, 4 Fed. Stat. Ann. 
p. 745, Pierce, Code § 7474. 

Sec. 288. In any prosecution for bigamy, polygamy, or 
unlawful cohabitation, under any statute of the United States, 
it shall be sufficient cause of challenge to any person drawn 
or summoned as a juryman or talesman — 

First, that he is or has been living in the practice of bigamy, 
polygamy, or unlawful cohabitation with more than one 
woman, or that he is or has been guilty of an offense punish- 
able either by sections one or three of an Act entitled "An 
Act to amend section fifty-three hundred and fifty-two of the 
Eevised Statutes of the United States, in reference to bigamy, 
and for other purposes," approved March twenty-second, 
eighteen hundred and eighty-two, or by section fifty-three 
hundred and fifty-two of the Revised Statutes of the United 
States, or the Act of July first, eighteen hundred and sixty- 
two, entitled "An Act to punish and prevent the practice of 
polygamy in the Territories of the United States and other 
places, and disapproving and annulling certain Acts of the 
legislative assembly of the territory of Utah"; or 

Second, that he believes it right for a man to have more 
than one living and undivorced wife at the same time, or to 
live in the practice of cohabiting with more than one woman. 



228 THE JUDICIAL CODE [1 288 

Any person appearing or offered as a juror or talesman, 
and challenged on either of the foregoing grounds, may be 
questioned on his oath as to the existence of any such cause 
of challenge; and other evidence may be introduced bearing 
upon the question raised by such challenge ; and this question 
shall be tried by the court. 

But as to the first ground of challenge before mentioned, 
the person challenged shall not be bound to answer if he shall 
say upon his oath that he declines on the ground that his an- 
swer may tend to criminate himself ; and if he shall answer as 
to said first ground, his answer shall not be given in evidence 
in any criminal prosecution against him for any offense above 
named ; but if he declines to answer on any ground, he shall 
be rejected as incompetent. 

Re-enacting the Act of March 23, 1882, § 5, 22 Stat, at L. 30, 3 Comp. 
Stat. p. 3634, 1 Fed. Stat. Ann. p. 705, Pierce, Code § 2878. 



Chaptee TniKTEEiir. 



GENEEAL PEOVISIONS. 



Sec. Sec. 

289. Circuit courts abolished; records 293. Sections 1 to 5, Eevised Statutes, 

of to be transferred to district to govern construction of this 

courts. act. 

290. Suits pending in circuit courts to 294. Laws revised in this act to be 

be disposed of in district courts. construed as continuations of 

291. Powers and duties of circuit existing laws. 

courts imposed upon district 295. Inference of legislative construc- 

courts. tion not to be drawn by reason 

292. Eeferences to laws revised in this of arrangement of sections. 

act deemed to refer to sections 296. Act may be designated as "The 

of act. Judicial Code." 

Sec. 289. The circuit courts of the United States, upon the 
taking effect of this Act, shall be, and hereby are, abolished; 
and thereupon, on said date, the clerks of said courts shall 
deliver to the clerks of the district courts of the United States 
for their respective districts all the journals, dockets, books, 
files, records, and other books and papers of or belonging to 
or in any manner connected with said circuit courts; and 
shall also on said date deliver to the clerks of said district 
courts all moneys, from whatever source received, then re- 
maining in their hands or under their control as clerks of said 
circuit courts, or received by them by virtue of their said 
offices. The journals, dockets, books, files, records, and other 
books and papers so delivered to the clerks of the several dis- 
trict courts shall be and remain a part of the official records 
of said district courts, and copies thereof, when certified under 
the hand and seal of the clerk of the district court, shall be 
received as evidence equally with the originals thereof; and 
the clerks of the several district courts shall have the same 
authority to exercise all the powers and to perform all the 
duties with respect thereto as the clerks of the several circuit 
courts had prior to the taking effect of this Act. 

1 289] 229 



230 



THE JUDICIAL CODE [§ 290 



Sec. 290. All suits and proceedings pending in said circuit 
courts on the date of the taking effect of this Act, whether 
originally brought therein or certified thereto from the dis- 
trict courts, shall thereupon and thereafter be proceeded with 
and disposed of in the district courts in the same manner and 
with the same effect as if originally begun therein, the record 
thereof being entered in the records of the circuit courts so 
transferred as above provided. 

Sec. 291. "Wherever, in any law not embraced within this 
Act, any reference is made to, or any power or duty is con- 
ferred or imposed upon, the circuit courts, such reference 
shall, upon the taking effect of this Act, be deemed and held 
to refer to, and to confer such power and impose such duty 
upon, the district courts. 

Sec. 292. Wherever, in any law not contained within this 
Act, a reference is made to any law revised or embraced here- 
in, such reference, upon the taking effect hereof, shall be con- 
strued to refer to the section of this Act into which has been 
carried or revised the provision of law to which reference is 
so made. 

Sec. 293. The provisions of sections one to five, both in- 
clusive, of the Eevised Statutes, shall apply to and govern 
the construction of the provisions of this Act. The words 
"this title," wherever they occur herein, shall be construed 
to mean this Act. 

Sec. 294. The provisions of this Act, so far as they are 
substantially the same as existing statutes, shall be construed 
as continuations thereof, and not as new enactments, and 
there shall be no implication of a change of intent by reason 
of a change of words in such statute, unless such change of 
intent shall be clearly manifest. 

See Introduction, "The Interpretation of The Judicial Code", and 
Lewis' Sutherland, Statutory Construction, § 403. 

Sec. 295. The arrangement and classification of the sev- 
eral sections of this Act have been made for the purpose of a 
more convenient and orderly arrangement of the same, and 



§ 296] GENERAL PROVISIONS 331 

therefore no inference or presumption of a legislative con- 
struction is to be drawn by reason of the chapter under which 
any particular section is placed. 

Sec. 296. This Act may be designated and cited as "The 
Judicial Code." 



Chapter Foueteen". 
eepealing provisions. 

Sec. Sec. 

297. Sections, acts, and parts of acts 300 Ofifenses committed, and penalties, 

repealed. forfeitures, and liabilities in- 

298. Repeal not to affect tenure of curred, how to be prosecuted and 

office, or salary, or compensa- enforced. 

tion of incumbents, etc. 301. Date this act shall be effective. 

299. Accrued rights, etc., not affected. 

Sec. 297. The following sections of the Eevised Statutes 
and Acts and parts of Acts are hereby repealed : 

Sections five hundred and thirty to five hundred and sixty, 
both inclusive; sections five hundred and sixty-two to five 
hundred and sixty- four, both inclusive ; sections five hundred 
and sixty-seven to six hundred and twenty-seven, both in- 
clusive ; sections six hundrpd and twenty-nine to six hundred 
and forty-seven, both inclusive ; sections six hundred and fifty 
to six hundred and ninety-seven, both inclusive; section six 
hundred and ninety -nine; sections seven hundred and two to 
seven hundred and fourteen, both inclusive; sections seven 
hundred and sixteen to seven hundred and twenty, both in- 
clusive; section seven hundred and twenty-three; sections 
seven hundred and twenty-five to seven hundred and forty- 
nine, both inclusive; sections eight hundred to eight hundred 
and twenty-two, both inclusive; sections ten hundred and 
forty-nine to ten hundred and eighty-eight, both inclusive; 
sections ten hundred and ninety-one to ten hundred and 
ninety-three, both inclusive, of the Eevised Statutes. 

''An Act to determine the jurisdiction of circuit courts of 
the United States and to regulate the removal of causes from 
State courts, and for other purposes," approved March third, 
eighteen hundred and seventy-five. 

Section five of an Act entitled "An Act to amend section 

§ 297] 233 



334 THE JUDICIAL CODE [§ 297 

fifty-three hundred and fifty-two of the Eevised Statutes of 
the United States, in reference to bigamy, and for other pur- 
poses," approved March twenty-second, eighteen hundred and 
eighty-two ; but sections six, seven, and eight of said Act, and 
sections one, two, and twenty-six of an Act entitled "An Act 
to amend an Act entitled 'An Act to amend section fifty- three 
hundred and fifty-two of the Eevised Statutes of the United 
States, in reference to bigamy, and for other purposes,' ap- 
proved March twenty-second, eighteen hundred and eighty- 
two," approved March third, eighteen hundred and eighty- 
seven, are hereby continued in force. 

"An Act to afford assistance and relief to Congress and 
the executive departments in the investigation of claims and 
demands against the Government," approved March third, 
eighteen hundred and eighty-three. 

"An Act regulating appeals from the supreme court of the 
District of Columbia and the supreme courts of the several 
Territories," approved March third, eighteen hundred and 
eighty-five. 

"An Act to provide for the bringing of suits against the 
Government of the United States," approved March third, 
eighteen hundred and eighty-seven, except sections four, five, 
six, seven, and ten thereof. 

Sections one, two, three, four, six, and seven of an Act en- 
titled ' ' An Act to correct the enrollment of an Act approved 
March third, eighteen hundred and eighty-seven, entitled 'An 
Act to amend sections one, two, three, and ten of an Act to 
determine the jurisdiction of the circuit courts of the United 
States, and to regulate the removal of causes from State 
courts, and for other purposes,' approved March third, 
eighteen hundred and seventy-five," approved August thir- 
teenth, eighteen hundred and eighty-eight. 

"An Act to withdraw from the Supreme Court jurisdiction 
of criminal cases not capital and confer the same on the cir- 
cuit courts of appeals," approved January twentieth, eighteen 
hundred and ninety-seven. 

"An Act to amend sections one and two of the Act of 
March third, eighteen hundred and eighty-seven, Twenty- 



i 298] REPEALING PROVISIONS 



235 



fourth Statutes at Large, chapter three hundred and fifty- 
nine," approved June twenty-seventh, eighteen hundred and 
ninety-eight. 

"An Act to amend the seventh section of the Act entitled 
'An Act to estabhsh circuit courts of appeals and to define 
and regulate in certain cases the jurisdiction of the courts of 
the United States, and for other purposes,' approved March 
third, eighteen hundred and ninety-one, and the several Acts 
amendatory thereto," approved April fourteenth, nineteen 
hundred and six. 

All Acts and parts of Acts authorizing the appointment of 
United States circuit or district judges, or creating or chang- 
ing judicial circuits, or judicial districts or divisions thereof, 
or fixing or changing the times or places of holding court 
therein, enacted prior to February first, nineteen hundred and 
eleven. 

Sections one, two, three, four, five, the first paragraph of 
section six, and section seventeen of an Act entitled "An Act 
to create a commerce court, and to amend an Act entitled 'An 
Act to regulate commerce,' approved February fourth, 
eighteen hundred and eighty-seven, as heretofore amended, 
and for other purposes," approved June eighteenth, nineteen 
hundred and ten. 

Also all other Acts and parts of Acts, in so far as they are 
embraced within and superseded by this Act, are hereby re- 
pealed; the remaining portions thereof to be and remain in 
force with the same eifect and to the same extent as if this 
Act had not been passed. 

Sec. 298. The repeal of existing laws providing for the 
appointment of judges and other officers mentioned in this 
Act, or affecting the organization of the courts, shall not be 
construed to affect the tenure of office of the incumbents (ex- 
cept the office be abolished), but they shall continue to hold 
their respective offices during the terms for which appointed, 
unless removed as provided by law; nor (except the office be 
abolished) shall such repeal affect the salary or fees or com- 



336 THE JUDICIAL CODE [§299 

pensation of any ofificer or person holding office or position by- 
virtue of any law. 

Sec. 299. The repeal of existing laws, or the amendments 
thereof, embraced in this Act, shall not affect any act done, or 
any light accruing or accrued, or any suit or proceeding, in- 
cluding those pending on writ of error, appeal, certificate, or 
writ of certiorari, in any appellate court referred to or in- 
cluded within, the provisions of this Act, pending at the time 
of the taking effect of this Act, but all such suits and proceed- 
ings, and suits and proceedings for causes arising or acts 
done prior to such date, may be commenced and prosecuted 
within the same time, and with the same effect, as if said 
repeal or amendments had not been made. 

Sec. 300. All offenses committed, and all penalties, for- 
feitures, or liabilities incurred prior to the taking effect here- 
of, under any law embraced in, amended, or repealed by this 
Act, may be prosecuted and punished, or sued for and recov- 
ered, in the district courts, in the same manner and with the 
same effect as if this Act had not been passed. 

Sec. 301. This Act shall take effect and be in force on and 
after January first, nineteen hundred and twelve. 

Approved, March 3, 1911. 



TABLE OF CASES 



PAGES 

Abbott Y. United States (66 Fed. Eep. 447) 160 

Abbott V. United States (72 Fed. Eep. 686) 160 

Allen V. United States (17 Wall. 207) 155 

Arkansas v. Kansas & T. Coal Co. (183 U. S. 185) 65 

Armstrong v. Trautman (36 Fed. Eep. 275) 43 

American Sugar Eefining Co. v. United States (211 U. S. 155) 177 

Armstrong v. United States (29 Ct. CI. 148) 158 

Auracher v. Omaha & St. L. E. Co. (102 Fed. Eep. 1) 65 

Austin V. United States (155 U. S. 417) 170 

Bailey v. Mosher (63 Fed. Eep. 488) 43 

Ball V. United States (140 U. S. 118) 25 

Balmer v. United States (26 Ct. CI. 82) 159 

Baltimore & Ohit E. Co. v. United States (34 Ct. CI. 484) 156 

Banks v. Manchester (128 U. S. 244) 50 

Barclay v. Levee Commissioners (1 Woods 254) 45 

Barney v. New York (193 U. S. 430) 43 

Barrow Steamship Co. v. Kane (170 U. S. 103) 44 

Bartley v. Hayden (74 Fed. Eep. 913) 43 

Battelle v. United States (21 Ct. CI. 250) 167 

Baumer v. United States (26 Ct. CI. 82) 158 

Belknap v. United States (150 U. S. 588) 166 

Berdan Fire Arms Mfg. Co. v. United States (156 U. S. 552) 153 

Bernardin v. Northall (77 Fed. Eep. 849) 43 

Blackburn v. Portland Gold Mining Co. (175 U. S. 571) 41 

Bigby V. United States (188 U. S. 400) 154 

Bonnafon v. United States (14 Ct. CI. 484) 156 

Bowden v. Bumham (59 Fed. Eep. 752) 42, 45 

Boyd V. United States (116 U. S. 616) 47 

Brisenden v. Chamberlain (53 Fed. Eep. 307) 40 

Broadhead v. United States (19 Ct. CI. 125) 157 

Buckner v. Finley (2 Peters 586) 45 

Bull V. First Natl. Bank (123 U. S. 105) 45 

Butler V. United States (87 Fed. Eep. 655) 23 

Bushnell v. Kennedy (76 U. S. 387) 46 

Cabot V. McMasters (65 Fed. Eep. 533) 42 

California & So. Pac. Co. (157 U. S. 229) 202 

Capital City Gas. Co. v. Des Moines (72 Fed. Eep. 818) 43 

Capital Natl. Bank v. Cadiz Natl. Bank (172 U. S. 425) 204 

Caples T. Texas & P. E. Co. (67 Fed. Eep. 9) 64 

237 



238 TABLE OF CASES 

PAGES 

Case of the Sewing Machine Companies (11 Wall. 553) 7 

Gates V. Allen (149 U. S. 451) 64 

Central Trust Co. v. East Tenn. V. & G. E. Co. (59 Fed. Eep. 523) 40 

Central Trust Co. v. Shefaeld & B. Co. (60 Fed. Eep. 9) 23 

Chae Chan Ping v. United States (130 U. S. 581) 58 

Charles v. United States (19 Ct. CI. 316) 155 

Chickasaw Nation v. United States (19 Ct. CI. 133) 158 

Christie Street Com. Co. v. United States (126 Fed. Eep. 991) 154 

City of Panama v. Phelps (101 U. S. 453) 47 

Clarke v. Janesville (1 Biss. 98) 45 

Cohens v. Virginia (6 "Wheat. 264) 37 

Colson v. Lewis (2 Wheat. 377) 40 

Coltrane v. Templeton (106 Fed. Eep. 370) 27 

Cox V. Gilmer (88 Fed. Eep. 343) 43 

Crawford v. Johnson (1 Deady 457) 53 

Crystal Springs Land & Water Co. v. Los Angeles (76 Fed. Eep. 148) 43 

Crystal Springs Land & Water Co. v. Los Angeles (82 Fed. Eep. 114) 44 

Cummings v. Chicago (188 U. S. 410) 65 

Daly V. Brady (69 Fed. Eep. 285) 43 

DeGroot v. United States (72 U. S. 419) 153 

DeLovio v. Boit (2 Gall. 398) 47 

Dey V. Chicago, M. & St. P. E. Co. (45 Fed. Eep. 82) 39 

Donovan v. Wells, Fargo & Co. (168 Fed. Eep. 363) 67 

Dower v. Eichards (151 U. S. 658) 204 

Dunham v. Bent (82 Fed. Eep. 60) 43 

East Tenn. V. & G. E. Co. v. Interstate Commerce Com. (181 U. S. 1) 186 

Eddy V. Lafayette (49 Fed. Eep. 807) 87 

Elgin National Watch Co. v. Illinois Watch Co. (179 U. S. 665) 51 

Ekiu V. United States (142 U. S. 651) 58 

Emmons v. United States (48 Fed. Eep. 43) 57, 152 

Ex parte Boyer (109 U. S. 629) 47 

Ex parte Easton (95 U. S. 68) 202 

Ex parte Garnet (141 U. S. 1) 47 

Ex parte Graham (3 Wash. C. C. 456) 47 

Ex parte Graham (10 Wall. 541) 202 

Ex parte Hennen (13 Peters 230) 20 

Ex parte Eussell (80 U. S. 664) 166 

Ex parte United States (83 U. S. 699) 166 

Ex parte Young (209 U. S. 123) 218 

Farnsworth v. Montana (129 U. S. 104) 206 

Ferguson v. Eoss (38 Fed. Eep. 161) 39 

Files V. Davis (118 Fed. Eep. 465) 43 

Fischer v. Hayes (22 Fed. Eep. 92) 87 

Fisk V. Henarie (32 Fed. Eep. 417) 37 

Fong Yue Ting v. United States (149 U. S. 698) 58 

Foster v. Neilson (2 Peters 253) 44 

Foster v. United States (32 Ct. CI. 170) 155 

Gaines v. Fueutes (92 U. S. 10) 64 



TABLE OF CASES 



239 



PAGES 

Genesee Chief v. Fitzhugh (12 How. 443) 47 

Gerding v. United States (26 Ct. CI. 319) '....'.'.'....'.'. 16S 

Georgia v. Brailsf ord (2 Dall. 402) .'.'..".'.'.'.'.".'.'.'.' 39 

Gibbons v. Ogden (9 "Wheat. 1) 49 

Gill V. United States (2,5 Ct. CI. 415) ........ 153 

Goldey v. Morning News (156 U. S. 518) " ' 63 

Green v. United States (18 Ct. CI. 93) 167 

Gumbel v. Pitkin (124 U. 8. 153) 64 

Hans V. Louisiana (134 U. S. 1) .* .' 38 

Hart V. United States (118 U. S. 62) 156 

Harley v. United States (198 U. S. 229) 154 

Harvey v. United States (3 Ct. CI. 38) 155 

Hayward v. United States (30 Ct. CI. 219) 154 

Hennessy v. Herrmann (89 Fed. Eep. 669) 41 

Hill V. United States (40 Fed. Eep. 441) 154 

Hill V. United States (149 U. S. 593) 160 

Hobbs V. United States (17 Ct. CI. 189) 156, 157 

Holden v. Utah & M. Mach. Co. (82 Fed. Bep. 209) 42 

Holmes t. Goldsmith (147 U. S. 150) 45 

Hooe V. Jamieson (166 U. S. 395) 44 

Huntington v. New York (193 U. S. 441) 43 

Hyde v. Victoria Land Co. (125 Fed. Eep. 971) 90 

Hlinois v. Illinois Cent. E. Co. (33 Fed. Eep. 721) 39 

Indiana v. Allegheny Oil Co. (85 Fed. Eep. 870) 39 

Indiana v. Lake Erie & W. E. Co. (85 Fed. Eep. 1) 40 

In re Cilley (58 Fed. Eep. 977) 63 

In re Eatonton Elec. Co. (120 Fed. Bep. 1010) 27 

In re Pacific By. Coram. (32 Fed. Bep. 241) 38 

In re Eapier (143 U. S. 110) 49 

In the Matter of Devoe Mfg. Co. (108 U. S. 401) 89 

Jackson v. United States'(l Ct. CI. 260) 152 

Jacobus V. United States (87 Fed. Eep. 99) 160 

Jeeker v. Montgomery (13 How. 498) 47 

Kansas City S. B. E. Co. v. Herman (187 U. S. 63) 65 

Keith V. Town of Boekingham (2 Fed. Eep. 834) 40 

Knapp, Stout & Co. v. McCaffrey (177 U. S. 638) 47 

Knote V. United States (95 U. S. 149) 153 

Kohl V. United States (91 U. S. 367) 40 

Kohlsaat v. Murphy (96 U. S. 153) 17 

La Abra Silver Mining Co. v. United States (175 U. S. 423) 37 

Lacroix v. Lyons (27 Fed. Eep. 403) 65 

Lanman v. United States (27 Ct. CI. 260) .' 154 

Lehigh Valley B. Co. v. Eainey (99 Fed. Bep. 596) 65 

Leonard v. Shreveport (28 Fed. Eep. 257) 43 

Luddington v. United States (15 Ct. CI. 453) 154 

McCulloch V. Maryland (4 Wheat. 316) 38 

McDowell V. United States (159 U. S. 596) 23 

McElrath v. United States (102 U. S. 426) 57 



240 TABLE OF CASES 

PAGB3 

McGlashan v. United States (71 Fed. Eep. 434) 22 

Macauley v. United States (11 Ct. CI. 575; 164 

Maisonnaire v. Keating (2 Gall. 325) ^'^ 

Maloney v. City of Milwaukee (1 Fed. Eep. 611) 47 

Malone v. United States (5 Ct. CI. 485) 157 

Manning v. Weeks (139 U. S. 504) 25 

Marbury v. Madison (1 Cranch 137) 203 

Marks v. Marks (75 Fed. Eep. 321) 44 

Martin v. Hunter 's Lessee (1 Wheat. 304) 3, 64 

Martin v. United States (37 Ct. CI. 527) 157 

Meigs y. United States (20 Ct. CI. 181) 150 

Memphis Sav. Bank v. Houchens (115 Fed. Eep. 96) 65 

Meyers v. Block (120 U. S. 206) 43 

Miller v. Mayor of New York (109 U. S. 385) 43 

Miller v. Eesolution (2 Ball. 1) 47 

Mills V. Brown (16 Peters 525) 204 

Mills V. United States (46 Fed. Eep. 738) 154 

Missouri, K. & T. E. Co. v. Elliott (184 U. S. 530) 43 

Missouri Pac. E. Co. v. Terry (115 U. S. 523) 52 

Moore v. Town of Edgefield (32 Fed. Eep. 498) 41 

Mulliu v. United States (109 Fed. Eep. 817 43 

Myerle v. United States (33 Ct. CI. 1) 158 

Nashville, C. & St. L. Ey., v. Taylor (86 Fed. Eep. 168) 37 

National Home for Soldiers v. Butler (33 Fed. Eep. 374) 25 

Newgass v. New Orleans (33 Fed. Eep. 196) 45 

New Orleans v. Quinlan (173 U. S. 191) 45 

New York Cent. & H. E. E. Co. v. Interstate Commerce Comm. (168 Fed. 

Eep. 131) 186 

Northern Securities Co. v. United States (193 U. S. 197) 51 

Norton v. Shelby County (118 U. S. 425) 25 

Nourse v. United States (2 Ct. CI. 214) 158 

Fattee v. United States (3 Ct. CI. 397) 156 

Pensacola Tel. Co. v. Western Union Tel. Co. (96 U. S. 1) 49 

Peterson v. United States (26 Ct. CI. 93) 151 

Pitcher v. United States (1 Ct. CI. 7) 153 

Pitnam v. United States (45 Fed. Eep. 159) 24 

Pooley V. Luco (76 Fed. Eep. 146) 55 

Postal Cable Co. v. Alabama (155 U. S. 482) 44 

Prime v. United States (3 Ct. CI. 209) 157 

Eeynolds v. United States (15 Ct. CI. 314) 157 

Eice V. United States (21 Ct. CI. 413) 167 

Eoman v. United States (11 Ct. CI. 761 ) 156 

Eyder v. Holt (128 U. S. 525) 43 

Sampson v. Welsh (24 How. 207) 42 

Seaman v. Northwestern Mutual Life Ins. Co. (86 Fed. Eep. 493) 87 

Sessions v. Eomadka (145 U. S. 25) 16 

Sheldon v. Clifton (23 How. 481) 42 

Shoecraft v. Bloxham (124 U. S. 730) 46 



TABLE OF CASES 241 

PAGES 

Smith V. Adams (130 U. S. 167) 37 41 

Smith V. Bourbon County (127 U. 8. 105) 40 

Smith V. United States (19 Ct. CI. 690) ."....' .' 159 

Society v. New Haven (8 Wheat. 464) 44 

State V. Chicago, B. & Q. E. Co. (37 Fed. Eep. 497) 39 

State V. Day Land & Cattle Co. (41 Fed. Eep. 228) 39 

Stevenson v. Fain (195 U. S. 165) 38 

Street v. Ferry (119 U. S. 385) 42 

Stuart V. Laird (1 Cranch 299) 3 

Swafford v. Templeton (185 U. S. 487) 53 

Symonds v. Greene (28 Fed. Eep. 834) 41 

St. Louis, I. M. & S. E. Co. v. Taylor (2]0 U. S. 281) 51 

St. Louis & Miss. Valley Trans. Co. v. United States (33 Ct. CI. 251) 154 

Taggert v. United States (17 Ct. CI. 322) I55 

Tebetts v. United States (5 Ct. CI. 607) 152 

Tennessee v. Davis (100 U. S. 257) 63 

Tennessee v. Union & Planters ' Bank (152 U. S. 461) 64 

The Hungaria (41 Fed. Eep. 109) 90 

The Schooner L. W. Easton (Fed. Case 8, 612) 90 

The Washington (17 Law Eep. 497) 47 

Trademark Cases (100 U. S. 82) 51 

Truitt V. United States (30 Ct. CI. 19) 164 

Tulloek & Mulvane (184 U. S. 497) 43 

Union Terminal E. Co. v. Chicago, B. & Q. E. Co. (119 Fed. Eep. 209) 65 

United States v. American Tobacco Co. (166 Fed. Eep. 468) 152 

United States v. Anderson (9 Wall. 56) 170 

United States v. Ayers (76 U. S. 608) 166 

United States v. Bell Telephone Co. (128 U. S. 315) 50 

United States v. Borcherling (185 U. S. 223) 151 

United States v. Chouteau (102 U. S. 603) 52 

United States v. Clyde (13 Wall. 35) 151 

United States v. Crusell (79 U. S. 175) 166 

United States v. Duell (172 U. S. 576) 50 

United States v. GUlis (95 U. S. 407) 152 

United States v. Harmon (147 U. S. 268) 160 

United States v. Haynes (29 Fed. Eep. 691) 4 

United States v. Hill (123 U. S. 681) 48 

United States v. Jones (131 U. S. 1) 57 

United States v. LeBris (121 U. S. 278) 16 

United States v. Lewis (36 Fed. Eep. 449) 46 

United States v. Loughery (13 Blatchf. 267) 22 

United States v. Mexican Natl. Co. (40 Fed. Eep. 769) 39 

United States v. Murphy (82 Fed. Eep. 893) 28 

United States v. O'Grady's Exrs. (22 Wall. 641) 167 

United States v. Patrick (54 Fed. Eep. 338) 54 

United States v. Pitnam (147 U. S. 669) 24 

United States v. Saunders (79 Fed. Eep. 407) 57, 156 

United States v. Sayward (160 U. S. 493) 41 

.lud. Code— 16 



242 TABLE OF CASES 

PAGES 

United States v. Texas (143 U. S. 621) 39 

■United States v. Watkinds (6 Fed. Eep. 152) 42 

United States v. Young (94 U. S. 258) 166 

United States Express Co. v. Poe (61 Fed. Eep. 475) 42 

Van Buren v. Digges (11 How. 470) 52 

Vance v. W. A. Vandercook Co. (170 U. S. 468) 41 

Vannevar v. Bryant (21 Wall. 41) 64 

Vaughn v. United States (34 Ct. CI. 342) 167 

Virginia v. Eives (100 U. S. 313) 203 

Wade V. Travis County (72 Fed. Eep. 985) 27 

Wahl V. Franz (100 Fed. Eep. 680) 40 

Walker f. United States (4 Wall. 163) 42 

Walker v. Windsor Natl. Bank (56 Fed. Eep. 76) 43 

Walter v. Northeastern E. Co. (147 U. S. 370) 42 

Washington & Idaho E. Co. v. Coeur d 'Alene E. & N. Co. (160 U. S. 77) 43 

Weston V. Charleston (2 Peters 449) 39 

Wilson V. Blair (119 U. S. 387) 42 

Wilson V. United States (1 Ct. CI. 318) 151 

Wisconsin Cent. E. Co. v. United States (164 U. S. 190) 156 

Wisconsin v. Pelican Ins. Co. (127 U. S. 265) 39 

Wood V. United States (25 Ct. CI. 98) 156 

Young V. United States (95 U. S. 642) 166 



INDEX. 



ADMIRALTY, pages 

jurisdiction of district court, §24 32,46 

ALABAMA, judicial districts, §70 90 

ALTEENATING TEEMS, 

of district court, effect of, § 7 •. 22 

APPEALS, 

from board of general appraisers to court of customs appeals, § 198 . . . 178 

from commerce court to supreme court, § 210 188 

from circuit court of appeals to supreme court, § 247 207 

from district courts to circuit courts of appeals, § 128 143 

AEBITEATION, 

of consular officers, how carried into effect, § 271 219 

AEKANSAS, judicial districts, § 71 91 

AWAED, 

of consular officers, how carried into effect, § 271 219 

BANKEUPTCY ACT, 

appellate jurisdiction, § 252 210 

BIGAMY, 

challenges in trials for, § 288 227 

CALIFOENIA, judicial districts, § 72 92 

CEETIPICATION OF QUESTIONS TO THE SUPEEME COUET— 

by circuit courts of appeals, § 239 204 

CEETIOEAEI— §§ 240, 251 205, 209 

CHALLENGES— 

peremptory, § 287 227 

CHINESE EXCLUSION ACT— 

jurisdiction of district court, § 25 58 

CIECUIT COUETS— 

abolished, § 289 229 

former jurisdiction 7 

pending suits transferred to district court, § 290 230 

powers and duties transferred to district court, § 291 230 

CIECUIT COUET OF APPEALS— 

allotment of justices to the circuits, § 119 128 

allowance of appeals, § 132 145 

appeals and writs of error from Alaska; where heard, § 135 146 

appeals from the United States court for China, § 131 144 

appeals in proceedings for injunctions and receivers, § 129 144 

appeals and writs of error from Alaska, where heard, § 135 146 

appellate and supervisory jurisdiction under the bankrupt act, § 130. . . 144 

243 



244 INDEX 

CIECTJIT COUET OF APPEALS (Continued)— pages 

allowance of appeals, etc., § 132 145 

chief justice and associate justices of supreme court, and district judges, 

may sit in circuit court of appeals, § 120 139 

clerks, § 124 140 

circuits, § 116 127 

circuit courts of appeals, § 117 128 

circuit judges, § 118 128 

deputy clerks; appointment and removal, §125 140 

established by Act of 1891 14 

jurisdiction ; when judgment final, §128 143 

justices allotted to circuits, how designated, § 121 139 

marshals, § 123 140 

rooms for court, how provided, § 127 143 

writs of error and appeals from the supreme courts of Arizona and 

New Mexico, § 133 145 

writ of error and appeals from district court for Alaska to circuit court 
of appeals for ninth circuit; court may certify questions to the 
supreme court, § 134 145 

CIVIL EIGHTS CASES, § 24 53 

conspiracy cases, § 24 54 

COLOEADO, district of, § 73 93 

COMMEECE COUET— 

appeals to supreme court, § 210 188 

assignment of judges, § 205 184 

attorney general to control cases, § 212 189 

circuit judges, five additional for, § 201 182 

complainant 's right to appear, § 213 190 

Interstate Commerce Commission, review of orders of, §207 185 

jurisdiction, §207 185 

jurisdiction — ^how invoked, § 209 187 

mandamus in, § 207 185 

ofacers of, § 202 182 

pending commerce cases transferred to, § 214 190 

practice and procedure, § 209 187 

process, § 206 184 

restraining orders of, § 208 186 

CONNECTICUT, district of, § 74 93 

CONSTEUCTION— 

rules of, for this Code, §§ 293, 294, 295 230 

CONTEMPTS— 

generally, in U. S. courts, § 268 218 

in court of claims, § 157 161 

CONTINGENT FUND, 

disbursal, by clerk of court of claims, § 142 149 

CONTINUANCE— 

of district court by clerk, § 22 28 

CONTINUATION OF EXISTING LAWS 

by the code, how construed, § 294 230 



INDEX 245 

COPYRIGHT- PAGES 

jurisdiction of district court, § 24 49 

(JOUET OF CLAIMS— 

aliens, § 155 igO 

all claims to be filed within six years, exceptions, § 156 160 

appeals, § 181 169 

appeals in Indian cases, § 182 169 

appointment, oath and salary of judges, § 136 148 

attorney general 's report to Congress, § 183 169 

attorney general to appear for the defense, § 185 170 

burden of proof and evidence as to loyalty, § 161 162 

claims forfeited for fraud, § 172 165 

claims growing out of treaties not cognizable therein, § 153 160 

claims for proceeds arising from sales of abandoned property, § 162 162 

claims under act of June 16, 1874, § 173 165 

claims pending in other courts, § 154 160 

claims referred by departments, § 148 157 

clerk's bond, § 141 149 

commissioners to take testimony, § 163 163 

contempts, may punish, rules of practice, § 157 161 

contingent fund, § 142 149 

costs may be allowed prevailing party, § 152 159 

cross-examinations, § 169 164 

debtors to the United States may have amount due ascertained, § 180. . 167 

effect of payment of judgment, § 178 167 

either house of Congress may refer certain claims to court, § 151 158 

established by Act of 1855 13 

examination of claimant, § 166 163 

fees of commissioners, by whom paid, § 171 165 

final judgments a bar, § 179 167 

judgment, effect of payment, § 178 167 

judgments for set-off or counter-claims, how enforced, §146 156 

judgments in eases transmitted by departments, how paid, §150 158 

jurisdiction, § 145 150, 153 

Par. 1. Claims against the United States 150 

Par. 2. Set-offs 150 

Par. 3. Disbursing officers 151 

loyalty a jurisdictional fact in certain cases, § 184 169 

members of Congress not to practice in the court, §144 150 

new trial on motion of claimant, § 174 166 

new trial on motion of United States, § 175 166 

no interest on claims, § 177 167 

oaths and acknowledgments, § 158 161 

officers of the court, §139 148 

payment of judgment, effect of, § 178 167 

persons not to be excluded as witnesses on account of color or because 

of interest; plaintiff may be witness fori government, §186 170 

petition dismissed, when, §160 162 

petitions and verifications, § 159 161 



246 INDEX 

COUET OF CLAIMS (Continued)— PAGES 

power to call upon department for information, § 164 163 

printing record, cost of, § 176 166 

procedure in cases transmitted by departments, § 149 158 

• quorum, session, §138 148 

report of court to Congress, § 187 171 

reports to Congress; copies for departments, etc., §143 149 

rules of practice; may punish contempts, § 157 161 

salaries of officers, § 140 149 

seal, §137 148 

session, quorum, § 138 148 

testimony, commissioner to take, §163 163 

testimony, when not to be taken, § 165 163 

testimony, where taken, § 167 164 

when testimony not to be taken, § 165 163 

witnesses before commissioners, § 168 164 

witnesses, how sworn, § 170 165 

COURT OF CUSTOMS APPEALS— 

appeals from board of general appraisers, § 195 176 

— ftime for taking, § 198 . .• 178 

assistant clerk, § 192 175 

bailiffs and messengers, § 193 176 

calendar, when called, § 198 178 

court of record, § 194 176 

cases certified to, when, § 197 178 

clerk, § 191 175 

jurisdiction, § 195 176 

marshal, § 190 174 

reporter, § 192 175 

seal, § 194 176 

terms held in any circuit, § 189 174 

testimony in pending cases, § 197 178 

transfer to, of pending customs cases, § 197 178 

DEBENTUEES, 

jurisdiction of district court, § 24 52 

DELAWAEE, district of, § 75 93 

DISTEIBUTION OF BUSINESS, 

by district courts, districts having more than one judge, § 23 29 

DISTEICT COURTS- 

absent defendants in suits to enforce liens, etc., §57 81 

adjournment in case of non-attendance of judge, § 12 24 

admiralty and maritime jurisdiction, § 24 32, 46 

affidavit of bias or prejudice of judge, § 21 27 

Alabama, § 70 90 

aliens, removal of suits, § 34 71 

aliens, suits for torts by, § 24 55 

altering terms, effect of, § 7 21 

appellate jurisdiction over Tellowstone National Park, § 26 58 

appellate jurisdiction under Chinese exclusion laws, §25 58 



INDEX 347 

DISTEICT COUETS (Continued)— pages 

assignee of debenture, jurisdiction over suit by, § 24 33, 52 

Arkansas, § 71 9J. 

bankruptcy jurisdiction, § 24 34, 55 

bailiffs, appointment of, § 5 21 

California, § 72 '92 

capital cases, where triable, § 40 75 

capture of insurrectionary property, where cognizable, § 46 77 

certain persons not to be appointed or employed as officers of courts, § 67 87 

certain persons not to be masters or receivers, § 68 87 

certain seizures cognizable in any district into which the property is 

taken, § 47 77 

Chinese exclusion laws, jurisdiction over, § 25 58 

circuit courts, powers and duties transferred to district courts, § 291 230 

circuit courts, suits transferred to district courts, § 290 230 

circuit judge, when designated to hold, § 18 26 

civil rights, suits concerning, § 24 33, 54 

civil suits, transfer by stipulation, § 58 83 

civil suits, where to be brought, § 51 78 

clerks, § 3 20 

clerk not to be appointed receiver or master except for special reasons, § 68 87 

Colorado, § 78 ' 93 

commissioners to administer oaths to appraisers, § 61 85 

comptroller of the currency, suit to enjoin, § 49 78 

Connecticut, § 74 93 

consuls, suits against, § 24 34, 55 

continuance in case of vacancy in ofSce, § 22 28 

contract labor laws, jurisdiction, § 24 36, 57 

copyright, jurisdiction, § 24 32, 49, 50 

court of claims, concurrent jurisdiction, § 24 34, 55 

criers, appointment of, § 5 21 

criminal cases, transfer of, § 53 79 

crimes cognizable under authority of United States, §24 32, 46 

debentures, suits on, § 24 33, 52 

Delaware, § 75 93 

deputy clerks, appointment, § 4 21 

designation of district judge, § 17 26 

divided districts, where suit to be brought, § 53 79 

division of business, in districts having more than one judge, § 23 29 

division of district, effect of, § 59 83 

Florida, § 76 93 

forfeitures, jurisdiction over, § 24 33, 52 

forfeitures, where to be sued for, § 43 ■ 76 

former jurisdiction of 11 

Georgia, § 77 94 

habeas corpus, on removal, § 33 69 

Idaho, §78 ■ 95 

Illinois, § 79 96 

immigration, laws, jurisdiction, § 24 36, 57 



248 INDEX 

DISTRICT COURTS (Continued)— pages 

Indiana, § 80 97 

Indian reservations in South Dakota, jurisdiction of crimes, §27 59 

internal revenue, of cases under, § 24 32, 48 

interstate commerce laws, suits for violation, § 24 33, 51 

Iowa, § 81 97 

joinder, of resident defendants solely to prevent removal, § 28 61 

judge, appointment and residence of, § 1 19 

judicial districts, § 69 89 

jurisdiction, bankruptcy, § 24 34, 55 

jurisdiction of district courts in cases transfered from territorial courts, 

§ 64 85 

jurisdiction, original, § 24 (see original jurisdiction) 31 

jurisdiction in patent oases, § 48 77 

jurisdiction over Yellowstone National Park, § 26 58 

Kansas, § 82 99 

Kentucky, § 83 100 

liquidated damages, jurisdiction over suits for, §24 34, 55 

Louisiana, § 84 101 

Maine, § 85 102 

Maritime jurisdiction, § 24 32, 46 

Maryland, § 86 102 

Massachusetts, § 87 102 

Michigan, § 88 103 

Minnesota, § 89 104 

Mississippi, § 90 105 

Missouri, § 91 106 

Monopolies, of suits against, § 24 36, 57 

Montana, § 92 107 

monthly adjournments for trial of criminal causes, § 10 23 

national banking associations, § 24 34, 55 

Nebraska, § 93 107 

Nevada, § 94 108 

new appointment and revocation, district judge, § 16 26 

ISfew Hampshire, § 95 109 

New Jersey, § 96 109 

New York, § 97 109 

North Carolina, § 98 110 

North Dakota, § 99 Ill 

offenses, cognizable under authority of the United States, § 24 32, 46 

Ohio, § 100 112 

Oklahoma, § 101 113 

Oregon, § 102 114 

Original jurisdiction, § 24 31 

Par. 1. Where the United States are plaintiffs; and of civil suits 

at common law or in equity 31 

2. Of crimes and offenses 32 

3. Of admiralty causes, seizures and prizes 32 

4. Of suits under any law relating to the slave trade 32 

5. Of cases under internal revenue, customs and tonnage laws 32 



INDEX 249 

DISTEICT COURTS (Continued)— pages 

6. Of suits under postal laws 32 

7. Of suits under tlie patent, the copyright and the trade- 

mark laws 32 

8. Of suits for violation of interstate commerce laws 33 

9. Of penalties and forfeitures 33 

10. Of suits on debentures 33 

11. Of suits for injuries on account of acts done under laws 

of the United States 33 

12. Of suits concerning civil rights 33 

13. Of suits against persons having knowledge of conspiracy, 

etc 33 

14. Of suits to redress the deprivation, under color of law, 

of civil rights 33 

15. Of suits to recover certain offices 34 

16. Of suits against national banking associations 34 

17. Of suits by aliens for torts 34 

18. Of suits against consuls and vice-consuls 34 

19. Of suits and proceedings in bankruptcy 34 

20. Of suits against the United States 34 

21. Of suits for the unlawful inclosure of public lands 35 ^ 

22. Of suits under immigration and contract-labor laws 36 

23. Of suits against trusts, monopolies and unlawful combina- 

tions 36 

24. Of suits concerning allotments of land to Indians 36 

25. Of partition suits where United States is joint tenant. ... 36 

partition, suits for, where United States is joint tenant, § 25 58 

patent laws, suits arising under, § 24 32, 49 

penalties incurred under laws of the United States, jurisdiction, §24.. 33, 52 

Pennsylvania, § 103 114 

privilege secured by the constitution, suits to redress the deprivation of 

§ 24 33, 53 

prize jurisdiction, § 24 32, 47 

public lands, suits for unlawful inclosure, § 24 35, 57 

receivers, to manage property according to state laws, § 65 86 

receivers, suits against, § 66 |86 

records, where kept, §6 21 

removal of suits from state courts, §§28, 39 61, 74 

revenue officers, suits against, § 33 69 

revocation of designation of judge, § 16 26 

Ehode Island, § 104 115 

salaries of district judges, §2 20 

seizures on the high seas, § 45 76 

South Carolina, § 105 115 

South Dakota, § 106 • 115 

South Dakota, jurisdiction of, § 27 59 

special terms, §11 23 

state, effect of admission of territory as, §§ 62, 64 85 

suits, § 24 (see original jurisdiction) 31, 39 



250 INDEX 

DISTEICT COTJETS (Continued)— pages 

suits defined 39 

Tennesaee, § 107 116 

Texas, § 108 118 

time for filing record, § 38 73 

trade-mark laws, suits under, § 24 32, 50 

transfers, of cases from territorial court, § 64 85 

transfer of records when territory admitted as state, § 62 85 

treaty, suits under, § 24 34, 55 

trusts, suits against, § 24 36, 57 

United States commissioners, appellate jurisdiction in Chinese cases, § 25 58 
United States, suits arising under the constitution or laws of, § 24. . . .32, 43 

United States, suits by, § 24 31, 38 

Utah, § 109 121 

Vermont, § 110 121 

Virginia, § 111 121 

Washington, § 112 122 

West Virginia, § 113 123 

Wisconsin, § 114 123 

Wyoming, § 115 125 

DIVISION OF BUSINESS— 

of district courts, districts having more than one judge, § 23 29 

EQUITY, 

suits in, not to be sustained, when remedy at law adequate, § 267 218 

EXCLUSIVE JUEISDICTION, 

of federal courts, § 256 213 

FLOEIDA, judicial districts, § 76 93 

GENEEAL PEO VISIONS— 

act may be designated as "The Judicial Code," § 296 231 

circuit courts abolished; records of to be transferred to district courts, 

§ 289 229 

construction of this act, sections 1 to 5, revised statutes, to govern, 

§ 293 230 

inference of legislative construction not to be drawn by reason of 

arrangement of sections, §295 230 

laws revised in this act to be construed as continuations of existing laws, 

§ 294 .230 

powers and duties of circuit courts imposed upon district courts, § 291 . . 230 
references to laws revised in this act deemed to refer to sections of 

act, § 292 230 

suits pending in circuit courts to be disposed of in district courts, § 290 230 

GEOEGIA, judicial districts, § 77 93 

HABEAS COEPUS, 

when issued on removal, § 32 69 

HAWAII, 

appeals from § 116 128 

IDAHO, district of, § 78 95 

ILLINOIS, judicial districts, §79 96 

INDIANA, district of, § 80 97 



INDEX 251 

INDIAN CASIJS, PACES 

appeals, court of claims, § 182 169 

INJUNCTIONS, 

against state statutes, § 266 217 

restraining orders, § 263 216 

to stay proceedings in state courts, § 265 217 

■when granted by circuit judge, § 264 216 

■when granted by circuit justice, | 264 216 

■when granted by district judge, § 264 216 

IOWA, judicial districts, §81 97 

JUDGES; 

appointment of, 

circuit judges, § 118 128 

commerce court, § 200 181 

court of claims, §136 148 

court of customs appeals, § 188 173 

district judges, § 1 20 

supreme court, justices, § 217 194 

not to practice law, § 258 214 

salary after resignation, § 260 215 

JUDICIAL CODE; 

reasons for its enactment 14 

title of, self-contained, § 296 1, 231 

JUDICIAL DISTEICTS, 

enumerated, §§ 69, 115 89, 125 

JUEIES— 

challenges, § 287 227 

discharge of grand juries, §285 226 

foreman of grand jury, §283 226 

grand juries, when summoned, § 284 226 

jurors, how drawn, § 276 223 

jurors, how to be apportioned in the district, § 277 224 

jurors not to serve more than once a year, § 286 226 

number of grand jurors, §282 225 

persons disqualified for service on jury in prosecution for polygamy, 

etc., § 288 227 

qualifications and exemptions of jurors, § 275 223 

race or color not to exclude, § 278 224 

special juries, § 281 225 

talesmen for petit juries, §280 225 

venire, how issued and served, § 279 224 

JUEISDICTION, 

commerce court, § 207 185 

court of claims, § 145 150 

court of customs appeals, § 195 176 

district courts, § 24 31 

supreme court, 

appeUate, § 236 203 



252 INDEX 

JTJEISraCTION (Continued)— pages 
original, § 233 . ., 201 

United States courts, exclusive, § 256 213 

KANSAS, district of, § 82 99 

KENTUCKY, judicial districts, § 83 100 

LOUISIANA, judicial districts, § 84 101 

MAINE, district of, §85 102 

MAPS OE THE CIECUITS 129, 138 

MAEYLAND, district of, § 86 102 

MASSACHUSETTS, district of, § 87 102 

MICHIGAN, judicial districts, § 88 103 

MINNESOTA, district of, § 89 104 

MISSISSIPPI, judicial districts, § 90 105 

MISSOUEI, judicial districts, § 91 106 

MONTANA, district of, § 92 107 

NATIONAL BANKS, 

actions by or against, when cognizable by district courts, § 24 34 

NEBEASKA, district of, § 93 107 

NEVADA, district of, § 94 108 

NEW HAMPSHIEE, district of, § 95 109 

NEW JEESEY, district of, § 96 109 

NEW YOEK, judicial districts, § 97 109 

NOETH CAEOLINA, judicial districts, § 98 110 

NOETH DAKOTA, district of, § 99 Ill 

OHIO, judicial districts, § 100 112 

OKLAHOMA, judicial districts, § 101 113 

OEEGON, district of, § 102 114 

PATENT LAWS, 

suits under, in district court, § 24 32, 46 

in court of claims 153 

PENALTIES AND EOEFEITUEES, 

defined 52 

jurisdiction of district court, § 24 32, .46 

PENNSYLVANIA, 

judicial districts, § 103 114 

POSTAL LAWS, 

jurisdiction of district courts in cases arising under, §24 32, 46 

PEIZE, 

jurisdiction of district court, § 24 32, 46 

PUBLIC LANDS, 

violation of laws forbidding inclosure, in jurisdiction of district courts, 

§ 24 35, 46 

EEMEDY AT LAW, 

as bar to equity jurisdiction, § 267 218 

EEMOVAL OF CAUSES— 

attachment to remain in effect, § 36 72 

bond given state court remains valid, § 36 72 

bond on, § 29 65 

by aliens, § 34 71 



INDEX 353 

REMOVAL or CAUSES (Continued)— ' pages 

certiorari to state court, § 33 69 

fraudulent joinder to prevent, § 28 65 

grants of land from different states, as ground for, §30 67 

habeas corpus in aid of, § 32 69 

in civil rights cases, § 31 68 

jurisdiction of district court on removal, § 38 73 

officer of the United States, removal by, § 34 71 

petition for, when filed, § 29 65 

procedure, § 29 65 

record, return from state court, how secured, § 39 73 

record, time for filing, § 39 73 

remand, § 37 73 

removal, grounds for, § 30 67 

EEPEALING PEOVISIONS— 

acts, and parts of acts repealed, § 297 233 

accrued rights, etc., not affected, § 299 236 

date this act shall be effective, §301 236 

liabilities incurred, how to be prosecuted and enforced, § 300 236 

offenses committed, and penalties, forfeitures and liabilities incurred, 

how to be prosecuted and enforced, § 300 236 

penalties, how to be prosecuted and enforced, §300 236 

repeal not to affect tenure of office, or salary, or compensation of in- 
cumbents, etc., §298 235 

sections, acts and parts of acts repealed, §297 233 

EHODE ISLAND, district of, § 104 115 

SOUTH CAEOLINA, judicial districts, § 105 115 

STEIKING FEOM EOLLS, 

attorneys practicing in supreme court in violation of § 272, § 273 220 

SUPEEME COUET (UNITED STATES) 

adjournment for want of a quorum, § 231 201 

annual term, § 230 201 

appeals, when a territory becomes a state, § 249 208 

appellate jurisdiction, generally, §233 201 

under bankruptcy act, § 252 210 

appeals from, 

circuit court of appeals, § 241 205 

commerce court, §210 188 

court of appeals, District of Columbia, § 250 208 

court of claims, § 242 205 

district courts, generally, § 238 204 

Alaska, § 247 207 

Porto Eico, § 244 205 

supreme courts, 

Arizona, § 245 206 

Havyaii, §246 206 

New Mexico, § 245 208 

Philippine Islands, § 248 207 

certification of questions by circuit courts of appeals, § 239 204 



254' . INDEX 

SUPEEME COUET (Centinued)— pages 

certiorari to circuit courts of appeals, § 240 205 

to court of appeals District of Columbia, § 251 209 

clerk, appointment of, § 219 194 

bond of, §220 194 

deputies, § 221 195 

constitution, cases arising under, § 237 203 

costs of printing records, § 254 211 

jurisdiction, appellate, §§ 236, 252 203, 211 

exclusive and non-exclusive distinguished 202 

fixed by the constitution 202 

original 201 

jury, what issues triable by, § 235 • • 203 

marshal, appointment of, § 219 , 194 

duties, § 224 196 

salary, § 224 196 

reporter, appointment of, § 219 194 

duties, § 225 196 

salary, § 226 196 

reports, how purchased and distributed, §§226, 229 196, 201 

women admitted to practice, § 255 211 

TENNESSEE, 

judicial districts, § 107 116 

TESTIMONY, 

in court of claims, § 167 164 

TEXAS, 

judicial districts, § 108 118 

TITLE OF THE CODE, § 296 , 1, 231 

TOET, 

cases sounding in, not cognizable by court of claims, § 145 150 

suits by alien for, when cognizable by district court, § 24 34 

TEADE-MAEK LAWS, 

suits under, cognizable in district courts, § 24 50 

UTAH, 

district of, §109 121 

VEEMONT, 

district of, §110 • 121 

VICE CONSULS, 

suits against, cognizable by district courts, § 24 55 

VIEGINIA, 

judicial districts, § 111 121 

WAE CLAIMS, 

not cognizable by district courts, or court of claims, § 24 55 

WASHINGTON, 

judicial districts, § 112 122 

WEST VIEGINIA, 

judicial district, §113 123 

WISCONSIN, 

judicial districts, § 114 123 

WYOMING, 

district of; §115 125 



lit 1,1 

, i ' I