§ 158]

Appeal.

243

state courts, and, as will appear from what has been said, the Supreme Court exercises such appellate jurisdiction only with reference to federal questions. In cases which are declared to

be within the jurisdiction of the federal courts in order to provide a fair court for their trial, and which might have been originally brought in or removed to a federal court, no right of appeal from the state to a federal court is provided for. If the parties have seen fit to submit their controversy to a state court, neither of them can afterwards complain that such court did not afford him a fair trial.

CHAPTER XXVIII.

APPORTIONMENT OF FEDERAL JURISDICTION.

159. References.

J. Story, Constitution, §§ 1636, 1701-1731; J. I. C. Hare, Constitutional Law, lects. liii, liv; James Kent, Commentaries, lects. xv, xvii; T. M. Cooley, Constitutional Law, ch. vi; H. C. Black, Constitutional Law, §§ 85-87, 91, 92; Ross v. McIntyre (1891, 140 U. S. 453).

160. The Federal Judicial System.

In pursuance of the power given to Congress under Article III, § 1, of the constitution, to ordain and establish courts inferior to the Supreme Court, in which, together with the Supreme Court, which is expressly provided for in the same article, the judicial power of the United States shall be vested, Congress has established a system of courts of three grades, known as the district courts, the circuit courts, and the circuit courts of appeal, the first two classes being courts of original jurisdiction, and the last class courts of appellate jurisdiction; and these courts, together with the Supreme Court, exercise all the jurisdiction authorized by the constitution to be exercised by the federal judicial power, so far as that jurisdiction is conferred on any federal tribunal. The scope of the jurisdiction of the Supreme Court is determined by the constitution, as will be explained in a subsequent section; the scope of jurisdiction of each of the other classes of courts is determined by statutes, the first of which was enacted in 1789. It will not be possible to go into the details as to the particular classes of cases which may be determined in each of these classes of courts; but the general nature of the jurisdiction conferred upon each may be so described that the scope of their jurisdiction shall be intelligible.

§ 162]

Federal District Courts.

245

161. Federal District Courts.

The class of federal courts of lowest grade is composed of the district courts. The United States is divided into districts, no one of them embracing more than one state, although many of the states are divided into two or more districts; and in each district is appointed a district judge, who must be a resident of the district, and who holds a district court at one or more places in the district. The circuit judge may hold the district court in place of the district judge, and it is provided that the judge of another district may by delegation serve temporarily in a district other than that for which he is appointed. But with few exceptions the district court is held at the place or places designated by law within the district by the judge appointed for that district.

The most important jurisdiction conferred upon the district. courts is that of trying prosecutions for crimes under the laws of the United States which are not punishable by capital punishment. The circuit court only can try prosecutions for capital crimes, but it has concurrent jurisdiction with the district court as to crimes not capital. Nevertheless, criminal prosecutions in cases not capital are usually conducted in the district courts. Suits by the United States are authorized to be brought in the district courts, and such courts have jurisdiction for the trial of civil cases in admiralty and prize cases. Jurisdiction is given. to the district courts as to some other matters, but the classes of cases here enumerated are those of principal importance.

162. Federal Circuit Courts.

The judicial districts of the United States are grouped into nine circuits, in each of which there is a circuit court, which is held at one or more places in each district of the circuit, by any one of the following federal judges, to wit, the justice of the Supreme Court assigned to the circuit, one of the two or more circuit judges of the circuit, and the district judge of the district in which the circuit court is held. Any two of these judges may together hold the circuit court, but any one of them

is competent and is qualified to do so. The number of circuit courts corresponds to the number of justices of the Supreme Court, and each of such justices is permanently assigned to a particular circuit. Formerly it was the practice for these justices to preside over the circuit courts in their respective circuits, but this practice has fallen into disuse, although the authority remains. The circuit judges, two or more of whom are appointed for each circuit, are also judges of the circuit court of appeals, described in the succeeding section, and their time is principally devoted to the discharge of their duties in connection with those courts, so that, as a rule, the ordinary terms of the circuit court in any particular district are presided over by the district judge for the district in which the circuit court is held.

As stated in the preceding section in describing the criminal jurisdiction of the district courts, the circuit courts have jurisdiction to try prosecutions for any crimes against the laws of the United States, and they have exclusive jurisdiction in prosecutions for crimes punishable capitally. But, except as to capital crimes, they do not usually try criminal cases. Their civil jurisdiction includes cases arising under the constitution, laws, or treaties of the United States, provided the matter in dispute exceeds the sum or value of $2,000, and controversies between citizens of different states, or between citizens of a state and foreign states, citizens, or subjects, with a like limitation as to the amount in controversy. Cases of either of these classes which might originally have been brought in a circuit court, if brought in a state court may be removed by the defendant into a circuit court for trial (see above, § 157). Suits by the United States may be brought in the circuit court instead of in the district court, if the amount in controversy exceeds $2,000. Some classes of cases arising under the laws of the United States, such as suits under the patent or copyright laws, or under the postal laws, and proceedings under the interstate commerce law, the act to protect trade and commerce against unlawful combinations, trusts, and conspiracies, and under the immigration acts, may be brought in the circuit court without regard to the amount in controversy.

§ 163]

Circuit and Circuit Appeal.

247

It is apparent, therefore, that the jurisdiction of the circuit court is usually exercised in civil cases, arising under the constitution, laws, or treaties of the United States, and in cases involving controversies between citizens of different states, or between citizens and aliens; and that this jurisdiction may be exercised, either by trying cases originally brought in this court, or those removed from state courts; but that, save in cases arising under the patent and copyright laws, the revenue laws, the postal laws, and a few other classes of cases, the amount in controversy must exceed $2,000, to give the circuit court jurisdiction.

163. Federal Circuit Courts of Appeals.

The district courts and circuit courts, as above described, exercise only original and not appellate jurisdiction. The courts of these two classes, together with the Supreme Court, constituted the judicial department of the federal government until 1891, when a new court was created, called the circuit court of appeals, to be held at one or more places in each circuit, presided over by the three judges authorized to hold the circuit courts throughout the circuit, that is, the justice of the Supreme Court assigned to the circuit, and the two circuit. judges appointed for the circuit. But by acts of Congress passed from time to time the number of circuit judges in many of the circuits has been increased to three, and in practice the justices of the Supreme Court do not, except in rare instances, serve in this capacity. Where there are only two circuit judges, or in case one or more of the circuit judges is incapacitated to sit, the requisite number of judges is provided by assigning district judges from districts within the circuit to serve temporarily. In no instance does the judge who has tried a case sit in the circuit court of appeals on the hearing of an appeal in such case.

Before the creation of the circuit courts of appeals, the appellate jurisdiction over the district and circuit courts was exercised exclusively by the Supreme Court, save that as to a few classes of cases appeals might be taken from the district to the circuit courts. When the circuit courts of appeals were