from those of some states, this makes the selection of the forum a very important step in many of these cases.1o 50 The federal courts follow their own judgment as to the measure of damages. Also as to questions of negligence.51 49 Baltimore & O. R. Co. v. Baugh, 149 U. S. 368, 13 Sup. Ct. 914, 37 L. Ed. 772; Snipes v. Southern R. Co., 166 Fed. 1, 91 C. C. A. 593; Illinois Cent. R. Co. v. Hart, 176 Fed. 245, 100 C. C. A. 49. See "Courts," Dec. Dig. (Key-No.) § 372; Cent. Dig. §§ 977-979. 50 Western Union Tel. Co. v. Burris, 179 Fed. 92, 102 C. C. A. 386; Norfolk & P. Traction Co. v. Miller, 174 Fed. 607, 98 C. C. A. 453; Woldson v. Larson, 164 Fed. 548, 90 C. C. A. 422; H. T. Smith Co. v. Minetto-Meriden Co. (C. C.) 168 Fed. 777. See "Courts," Dec. Dig. (Key-No.) § 366; Cent. Dig. §§ 977-979. 51 Force v. Standard Silk Co. (C. C.) 160 Fed. 992; Id., 170 Fed. 184, 95 C. C. A. 286; Snare & Triest Co. v. Friedman, 169 Fed. 1, 94 C. C. A. 369, 40 L. R. A. (N. S.) 367. See "Courts," Dec. Dig. (KeyNo.) 366; Cent. Dig. §§ 977-979. CHAPTER II THE DISTRICT COURT-ITS CRIMINAL JURISDICTION AND PRACTICE 12. The Federal Judicial System. 13. The District Court. 14. Criminal Jurisdiction of the District Courts. 15. Criminal Procedure. 16. Procedure by Complaint. THE FEDERAL JUDICIAL SYSTEM 12. The judicial power of the United States is vested in one Supreme Court, established by the Constitution, and various inferior courts organized by Congress under the authority of the Constitution. The Original United States Courts, and Their Evolution into the Present System Article 3, § 1, of the Constitution, provides that the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. It thus appears that the only court established by the Constitution is the Supreme Court. The others are creatures of congressional action. Acting under this authority, Congress, by the judiciary act of 1789, established the first federal courts, and distributed the jurisdiction among them. They divided the United States, as then constituted, into judicial districts, no district containing more than one state, and established in each district a district court and a circuit court. Since then, as the country grew, additional districts and circuits have been established. This original act, with subsequent enlargements, is now embodied in the Judicial Code of March 3, 1911, in effect January 1, 1912.1 These district and circuit courts were given by the original act of 1789 all of the original jurisdiction which the United States courts then exercised, except the small amount conferred upon the Supreme Court. Until 1891 the circuit court had some appellate supervision over the district court. Under the original act, a judge, known as the district judge, was to be chosen, who was to hold both the district court and the circuit court in his district, except in cases of appeals from his own decisions in the district court.2 In order to provide for this case, and also for holding the circuit court in cases of special interest, the nation was divided into larger units, known as circuits; and one justice of the United States Supreme Court was assigned to each of these circuits. This Supreme Court justice could hold the circuit court of any district contained in his circuit. He could sit with the district judge; or, in cases of appeals from the district court to the circuit court, he it was who heard and disposed of those appeals. This continued to be the system until just after the Civil War, when an additional judge, known as a circuit judge, was provided for each circuit; the main object being to relieve the justices of the Supreme Court from the labor of holding the circuit court, as the growth of business in the Supreme Court had rendered it impracticable for them to continue to do much circuit court work. Then by the act of March 3, 1891, establishing the circuit courts of appeals, additional circuit judges were established. This scheme of distributing the main federal original jurisdiction between the district and circuit courts, the district. 136 Stat. 1087 (U. S. Comp. St. Supp. 1911, p. 128). court having in the main the cases of special jurisdiction, and the circuit court the cases of more usual character, continued until 1911. By that time it had been increasingly realized that the great mass of the work in the circuit courts was being done by the district judges. Committees and commissions had been for several years engaged in rearranging and codifying. The result was first the Penal Code of March 4, 1909, in effect January 1, 1910,⭑ and next the Judicial Code of March 3, 1911, in effect January 1, 1912," which abolished the circuit court entirely and amalgamated its jurisdiction with that of the district court, thus making the latter practically the sole repository of the jurisdiction in which the bar at large is interested. This latter act codifies and includes the first thirteen chapters of the judiciary title of the Revised Statutes, chapter 15 on juries, and chapters 20 and 21 relating to the court of claims. Chapters 14 on district attorneys, marshals and clerks, 16 on fees, 17 on evidence, 18 on procedure and 19 on limitations are yet to be codified. There are also many courts of special jurisdiction which have been established since the original act. One of these is the court of claims, established in 1855. There are also the courts of the District of Columbia and the courts of the territories; and then there are the courts of appellate jurisdiction, consisting of the circuit courts of appeals, established by the act of March 3, 1891,1° and the Supreme Court, which, as already mentioned, was established by the Constitution itself. It will now be necessary to review the organization, jurisdiction, and practice of these several courts. 4 35 Stat. 1088 (U. S. Comp. St. Supp. 1911, p. 1588). 5 36 Stat. 1087 (U. S. Comp. St. Supp. 1911, p. 128). Title 13 (U. S. Comp. St. 1901, pp. 306-597). 7 Id. pp. 623-630. 8 U. S. Comp. St. 1901, pp. 729–764. 9 Sections 1049-1093, Rev. St. (U. S. Comp. St. 1901, p. 729 et seq.). 10 U. S. Comp. St. 1901, p. 546. THE DISTRICT COURT 13. The district courts are courts of original jurisdiction, each having territorial supervision over an area known as a judicial district, and held by a judge known as a district judge. The District Court, and Its Personnel This court is held by the district judge, who is required to live within his district. The districts being defined largely by state lines, the territorial jurisdiction of the district courts follows the lines as laid down by the act of the states. When two states agree as to a boundary line which has been in dispute, and the effect of such agreement is to throw into one state territory which had been in another, the corresponding district court extends over such new territory.11 The statutes contain various provisions for holding the district court, if for any reason the district judge of that district is prevented from sitting. These provisions will be found in sections 13 to 23 of the Judicial Code. The first of these sections applies in terms only to cases of disability of the district judge, and apparently does not apply to a case where there is a vacancy in the office.12 The only provisions expressly applying to vacancies are sections 22 and 23. Apparently, however, the language of section 14, which allows the designation of another judge in case of accumulation of business, would permit such designation, not only when business has accumulated on account of an unusual press of litigation, or on account of disability, but also where there is a vacancy. In any event, if the ap 11 In re Devoe Mfg. Co., 108 U. S. 401, 2 Sup. Ct. 894, 27 L. Ed. 764. See "Courts," Dec. Dig. (Key-No.) § 419; Cent. Dig. § 1120. 12 Ball v. U. S., 140 U. S. 118, 11 Sup. Ct. 761, 35 L. Ed. 377. See "Courts," Dec. Dig. (Key-No.) § 421; Cent. Dig. § 1121. |