4.5. THE JUDICIAL CODE BEING THE JUDICIARY ACT OF THE CONGRESS OF THE UNITED WITH AN INTRODUCTION AND ANNOTATIONS BY JAMES LOVE 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. N & GRAHAM THE JUDICIAL CODE. INTRODUCTION. Its Title. The Act of March 3, 1911, abolishing 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 respective 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 compact, code of nisi prius and appellate jurisdiction and procedure 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 Congress 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 |