Based on the St. T. &. C. 14 d. §; 970 and 8 Mar. & 1921. -titles consulates parts of sections B/b and 896 of the 25. the same the son of the 5. U.S. C. 14 i have been extendfee crude & deres, depoties, and assist&715. men know Perised seruoL substrines as simpler and more appropriate. sect sects in phraseology were Lade. he T 31 S Inst rmer SECTION 906-SECTION REVISED met.& C. 1949 ed., 33 21. 244. 304 and 305 (Mar. 21.124 152, 191, 192, 56 Stat. 1132, 1136, 1144: June 144, 46 Stat. 589). lationtains only a part of sections 221, 244, 304 and 305 USC 1949 ed. The other provisions of such sections ated in sections 604, 711, 831, 838, 834, 957 and 1926 of d se rat. 244, 304 and 305 of title 25, U. S. C.. 1940 ed., related ectic of the circuit courts of appeals, the Court of Claims hof Customs and Patent Appeals. "assigned to them by the court" was substituted for provision of section 221 of title 25. U. S. C., 1940 ed., I of each circuit court of appeals "shall exercise the and perform the same duties formed by the clerk of the Supreme Court, so far as applicable." as are exer Lew insofar as it affects the Clerk of the Supreme of of the district courts and the Customs Court. Exsot prescribe the powers and duties of those clerks. le clerk of the Customs Court have been prescribed uch court adopted May 29, 1936. co-made in phraseology. Lite let SECTION 957-SECTION REVISED 23, U. S. C., 1940 ed., §§ 127, 304 (Mar. 3, 1911, ch. lates section 127 with part of 304 of title 28, U. S. C., section 304 of title 28, U. S. C., 1940 ed., relating to wers, duties, and compensation of the clerk of the s and Patent Appeals, and table of fees are incors 604, 831, 956 and 1926 of this title. Appointment and compensation of masters for district courts, see Rule 53 (a) of the Federal Rules of Civil Procedure. The words "commissioner" and "referee" did not appear in section 127 of title 28, U. S. C., 1940 ed. They were added to subsection (a) to remove possible ambiguity. Words "by the court or any judge thereof" in section 304 of title 28, U. S. C., 1940 ed., were omitted as surplusage. Words "or assistant clerks" and "in any case" were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks. Minor changes were made in phraseology. SECTION 958-SECTION REVISED Based on title 28 U. S. C., 1940 ed., § 527 (May 28, 1896, ch. 252, § 20, 29 Stat. 184; Dec. 28, 1945, ch. 592, 59 Stat. 659). Provisions of section 527 of title 28, U. S. C., 1940 ed., relating to ineligibility of various persons as United States commissioner appear as section 631 of this title. Words "janitor of any Government building" were omitted as covered by words "person holding any civil or military employment under the United States" used in the revised section. The general language of the revised section was substituted for the provisions of section 527 of title 28, U. S. C., 1940 ed., enumerating certain officers and employees. The exception of Alaska by reference to "section 591 of this title" in section 527 of title 28, U. S. C., 1940 ed., was omitted as surplusage. Alaska is excluded by reason of the words "any court of the United States" which are limited by definitive section 451 of this title. Changes in phraseology were made. SECTION 959-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 124, 125 (Mar. 3, 1911, ch. 231, §§ 65, 66, 36 Stat. 1104). Section consolidates part of section 124 of title 28, U. S. C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in section 1911 of revised title 18, Crimes and Criminal Procedure (H. R. 1600, 80th Cong.). Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28, U. S. C., 1940 ed., as construed in Vany v. Receiver of Toledo, St. L. and K. C. R. R. Co., C. C. 1895, 67 F. 379. Changes in phraseology were made. SECTION 960-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 124a (June 18, 1934, ch. 585, 48 Stat. 993). A proviso in secion 124a of title 28, U. S. C., 1940 ed., relating to taxes accruing prior to the effective date of the 1934 Act, was omitted as obsolete. References in section 124a of title 28, U. S. C., 1940 ed., to specific officers was omitted as covered by the words "Any officers."" Word "Federal" was added before "State" in recognition of the liability of such officers for Federal taxes under the revenue laws. Changes in phraseology were made. SECTION 961-Section REVISED Based on title 28, U. S. C., 1940 ed., §§ 544, 563 (Mar. 3, 1891, ch. 517, § 2, 26 Stat. 826; Feb. 26, 1919, ch. 49, § 5, 40 Stat. 1182; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; June 1, 1922, ch. 204, title II, 42 Stat. 616; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates parts of sections 544 and 563 of title 28, U. S. C., 1940 ed. For remainder of such sections, see Distribution Table. Changes were made in phraseology. SECTION 962-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 544, 560, and 562 (Mar. 3, 1891, ch. 517, § 2, 26 Stat. 826; Feb. 26, 1919, ch. 49, §§ 3, 4, 40 Stat. 1182 Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; June 1, 1922, ch. 204, title II, 42 Stat. 616; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates parts of sections 544, 560, and 562 of title 28, U. S. C., 1940 ed., with changes of phraseology necessary to effect consolidation. Travel and subsistence of Government officers and employees are governed by sections 822-833 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees. Pa Payment of travel and subsistence of court officers and employees is a function of the Director of the Administrative Office of the United States Courts under section 604 of this title. The phrase "and of the Administrative Office of the United States Courts," was inserted to remove any ambiguity as to travel allowances of employees of that office. For remainder of said sections 544, 560, and 562 of title 28, U. S. C., 1940 ed., see Distribution Table.. SECTION 963-NEW SECTION This section was included to embrace the Supreme Court and all courts under the supervision of the Administrative Office of the United States Courts. See section 610 of this title and reviser's note there under. Sec. CHAPTER 81. SUPREME COURT 1251. Original jurisdiction. 1252. Direct appeals from decisions invalidating Acts of Congress. SECTION 1251-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 341, 371 (7) (8) (Mar. 3, 1911, ch. 231, §§ 233, 256, 36 Stat. 1156, 1160; Oct. 6, 1917, ch. 97, § 2, 40 Stat. 395; June 10, 1922, ch. 216, § 2, 42 Stat. 635). This section reconciles provisions of sections 341 and 371 (7) (8) of title 28 U. S. C., 1940 ed., with Article 3, section 2 and Amendment 11 of the Constitution. Sections 341 and 371 of title 28, U. S. C., 1940 ed., were not wholly consistent with such constitutional provisions. Said section 341 provided that the Supreme Court should have original jurisdiction of controversies between a State and citizens of other States or aliens, whereas the 11th Amendment prohibits an action in any Federal court against a State by citizens of another State or aliens. The original jurisdiction conferred on the Supreme Court by Article 3, section 2, of the Constitution is not exclusive by virtue of that provision alone. Congress may provide for or deny exclusiveness. Ames v. Kansas, 1884, 4 S. Ct. 437, 111 U. S. 449, 28 L. Ed. 442; U. S. v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D. C. Minn., 1939, 27 F. Supp. 167, affirmed 125 F. 2d. 636. Sections 341 and 371 of title 28, U. S. C., 1940 ed., did not confer expressly exclusive jurisdiction on the Supreme Court in civil cases between States, Louisiana v. Texas, 1899, 20 S. Ct. 251, 176 U. S. 1, 44 L. Ed. 347, as has been provided in subsection (a) (1) of the revised section. The language at the beginning of said section 341, for which said subsection has been substituted, was ambiguous and made it appear that an action by a State against the United States would be within the exclusive jurisdiction of the Supreme Court. However, in U. S. v. Louisiana, 1887, 8 S. Ct. 17, 123 U. S. 32, 31 L. Ed. 69, the Supreme Court, in a case appealed from the Court of Claims, held to the contrary. So, also, in actions by the United States to condemn lands of a State or to enforce penalties for violation of a Federal statute against a State-owned utility, the United States district courts have jurisdiction. See United States v. State of Utah, 1931, 51 S. Ct. 438, 283 U. S. 64, 75 L. Ed. 844; United States v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D. C. Minn. 1939, 27 F. Supp. 167, affirmed 125 F. 2d 636; United States v. State of California, 1936, 56 S. Ct. 421, 297 U. S. 175, 80 L. Ed. 567. The intent of section 371 (7) (8) of title 28, U. S. C., 1940 ed., that the jurisdiction of the courts of the United States should be exclusive of the courts of the States in controversies to which a State is a party, and suits against ambassadors, public ministers, consuls and vice consuls, is preserved and clarified by this section and section 1351 of this title. The revised section preserves existing law with reference to foreign ambassadors, other public ministers and consuls. Under subsection (a) (2) the Supreme Court has exclusive jurisdiction of actions or proceedings against the ambassadors or public ministers of other nations. Under subsection (b) (1) the Supreme Court has original but not exclusive jurisdiction of actions or proceedings brought by such ambassadors or other public ministers or to which consuls or vice consuls of other nations are parties. Section 1351 of this title gives to United States district courts, exclusive of the courts of the States, jurisdiction of civil actions against such consuls and vice consuls. This section and said section 1351 of this title have no application to ambassadors, public ministers, consuls or vice consuls representing the United States. See Milward v. McSaul, D. C. S. D. N. Y. 1846, 17 Fed. Cas. No. 9,623 and State of Ohio ex rel. Popovici v. Alger, 1930, 50 S. Ct. 154, 280 U. S. 379, 74 L. Ed. 489. Changes were made in phraseology. SECTION 1252-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 349a (Aug. 24, 1937, ch. 754, §§ 2, 5, 50 Stat. 752, 753). Provisions relating to procedure on appeals taken under this section are incorporated in section 2101 of this title. Words "civil action" were inserted before "suit or proceeding," in view of Rule 2 of the Federal Rules of Civil Procedure, providing for but one form of action, to be known as "civil action." However, such Rules apply only to the district courts, and hence "suit" was not deleted. Words "or in which the United States has intervened and become a party" were omitted as surplusage. Words "This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law" were omitted as unnecessary. The term "any court of the United States" includes the courts of appeals, the district courts enumerated in chapter 5 of this title including those for the districts of Hawaii and Puerto Rico, the Court of Claims, the Court of Customs and Patent Appeals, the Customs Court, and The Tax Court. The revised section conforms with section 5 of Act Aug. 24, 1937, ch. 754, 50 Stat. 753, defining the term "court of the United States." (See also definitive section 451 of this title.) Appeals in cases in the courts of appeals holding a State statute invalid as repugnant to the Constitution, treaties or laws of the United States, are governed by section 1254 (2) of this title. The Tax Court is included as there seems no more reason for intermediate review of Tax Court decisions holding an Act of Congress unconstitutional than in the case of decisions of the Customs Court or Court of Customs and Patent Appeals. Changes were made in phraseology. Section 345 of title 28, U.S. C., 1940 ed., provided for direct appeals to the Supreme Court from interlocutory or final judgments of district courts in five instances under sections of the Code enumerated therein "and not otherwise." |