CHAPTER XLIII.

THE JUDICIAL DEPARTMENT.

1. The Judicial Power. The Constitution in a measure organizes the Legislative and Executive Departments, but the organization of the judicial Department is left to Congress. It merely provides the broad fundamental fact that the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. It names the Supreme Court and fixes its original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and those in which the State shall be a party. All other questions of names and number of courts and their jurisdiction, and the number of judges of which they shall be composed, are left to be determined by Congress. The Judiciary act of 1789 was drawn by Oliver Ellsworth of Connecticut, and was so well done that it remains to this day the basis of the organization of the Federal courts.

2. Tenure of Office and Salary of Judges.--The judges of both the supreme and inferior conrts, by the terms of the Constitution, hold their offices during good behavior, and receive a compensation fixed by Congress, which may not be diminished during their continuance in office. These provisions render the courts independent of Congress and public opinion, and have done much to preserve the purity and dignity of their decisions. A Federal judge may be removed from office by conviction upon impeachment. He may retire upon full pay when he reaches the age of seventy years, provided he has served ten years in the court. The Chief Justice receives

$10,500; associate justices, $10,000; and the judges of the inferior courts, from $3,500 to $6,000. The justices of the Territorial courts receive $3,000, and of the Courts of the District of Columbia $4,500, except the chief justice who receives $5,000.

3. Classes of Courts.-There are two main classes of courts: (1) Courts of the United States, and (2) Territorial Courts. The judges of all the courts of the United States, appointed under the authority of Article III of the Constitution, hold their offices during good behavior. Those falling in this class are the following: the Supreme Court; the Circuit Courts of Appeals; the Circuit Courts; the District Courts; and the Court of Claims. The Territorial courts exist under the authority conferred upon Congress in Article IV of the Constitution to make all needful rules and regulations respecting the territory or other property belonging to the United States. Congress has established a Supreme Court of the District of Columbia, and a Supreme Court and District Court in every Territory, and has fixed the term of office of the judges of the Territorial courts at four years. Says Mr. Woodrow Wilson, "The Federal courts sitting in the States, and the United States courts established in the Territories, ought not to be thought of as parts of the same system, although the Supreme Court of the United States is the highest tribunal for both."

4. The Supreme Court.-As the Supreme Court is the highest so it is the most important of all the courts. It consists of a Chief Justice and eight associate justices, six of whom constitute a quorum. It holds its sessions in the Capitol at Washington. In addition to its orignal jurisdiction already noticed it has appelate jurisdiction over certain cases tried in the inferior courts in accordance with laws enacted by Congress. A case tried in a state court may be taken on appeal to the Supreme Court of the United States, when the question raised involves a right under the Federal Constitution or laws. The suit now pending in this court by Mary

land against West Virginia was brought there because the Supreme Court has original jurisdiction in all cases where a State is a party.

5. Circuit Court of Appeals.-As there are nine justices of the Supreme Court the United States is divided into nine circuits. The fourth circuit is composed of the States of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. A justice of the Supreme Court is assigned to each circuit. In 1891 and act was passed by Congress creating a Circuit Court of Appeals in each circuit, for the purpose of relieving the Supreme Court which was years behind in its work. The Chief Justice is allotted to this circuit. There are two circuit judges appointed for each circuit, and they, together with the justice assigned to the circuit, constitute the full bench of the Circuit Court of Appeals. Any two may make a quorum, but in the absence of any one of them the judge of the District Court may take his place. This court must hold at least one term a year. In this circuit it meets at Richmond, Virginia. Chief Justice Fuller, Judge Nathan Goff of West Virginia, and Judge Charles H. Simonton of South Carolina compose the full bench of this court, in this circuit. No suits are brought in this court in the first instance. It hears only cases brought on appeal from the circuit and district courts; and its decisions in many cases are final, where formerly they went to the Supreme Court for decision.

6. Circuit Courts.-What we have said about the Circuit Court of Appeals has explained the composition of the circuit courts. The justice of the Supreme Court allotted to the circuit must attend at least one term of the circuit court in

each district once in two years. A circuit court may be held by one or two of the following judges: the justice allotted to the circuit, the two circuit judges, and the district judge. The circuit court has original jurisdiction in copyright and patent-right cases, in civil cases involving more than $500,

and in the graver criminal cases. It must meet at least once a year in each of the districts composing the circuit.

7. District Courts.-Each State has at least one district court of the United States, some have two, and a few of the larger ones have three. West Virginia at present constitutes a district but an effort is making to divide the State so as to have two. Judge John J. Jackson of Parkersburg is judge of the district court in this State. But it should be noted that the judges of all the courts of the United States, inferior to the Supreme Court, are interchangeable: that is to say, a circuit judge may hold a district court and a district judge may hold a circuit court, or any two may hold under some circumstances either a circuit court or a district court. Judges from other districts amd circuits may be assigned to hold courts under some circumstances. If the United States has a court

to be held it has abundance of law for providing a judge or judges to hold it. Both the district and circuit courts have petit juries and grand juries. The jurisdiction of the district court is both civil and criminal.

8. Court of Claims.—The court of claims was established in 1855 to relieve Congress from passing upon private claims against the Goverment and allowing them by special bill. The State of West Virginia still pursues this antiquated system, but it is to be hoped that this method of bleeding the Treasury may be abandoned some day. The court of claims hears certain claims for money made against the United States and makes decision as to whether the Government ought to pay the money. Congress then has the simple duty of making an appropriation to pay the amount of the judgment in case the claim is allowed. There is a chief justice and four judges of the court of claims, appointed by the President in the same way that other judges are appointed.

9. The Supreme Court of the District of Columbia.-This court is created under the exclusive power of legislation possessed by Congress over the District. There is a chief justice

and five associates. Its jurisdiction is similar to that of the district courts, but is confined to cases arising in the District of Columbia.

10. Territorial Courts. Each Territory has a supreme court composed of a chief justice and two associates, who hold their offices for four years. They are required to hold a term annually at the seat of government of the Territory. Every Territory is divided into three judicial districts, and district courts are held in each district by one of the justices of the supreme court at such times and places as may be prescribed by law. Appeals lie from the decisions of the supreme court of the District of Columbia, and from the Territorial courts, to the Supreme Court of the United States.

11. Officers of the Courts.-With the consent of the Senate the President appoints for each district a United States district attorney and a United States Marshal, who are officers of the circuit court as well as of the district court. The district attorney, under the supervision of the Attorney-General, represents the United States in all civil and criminal cases to which it is a party. The district attorney stands in the same relation to the Federal circuit and district courts that the prosecuting attorney of a county occupies with relation to the circuit court of a State.

The marshal is substantially a Federal sheriff. He is the ministerial officer of the Federal courts. He executes their orders and processes, and as a court officer he is to the United States court what the sheriff is to the state courts.

The Supreme Court has a reporter who reports, edits, and publishes the decisions in a series of volumes now called the "United States Reports."

Each court appoints its own clerk, and the circuit courts of appeals appoint their own marshals. The duties of these minor officers are similar to those performed by the corresponding officers in the state courts.