That is to say, for every point of law which is stated or discussed in the text, and in support of which cases are cited, there is added to the author's note a citation to the Key-Number section or sections in the Decennial Digest or in the Key-Number Series, under which all cases directly involving that point have been digested. A similar citation to the Century Digest is given, except where the principle involved is one on which no case law existed prior to 1897.

HUGHES FED.Pr.(2D ED.) (xviii)†

A HANDBOOK

OF

FEDERAL JURISDICTION AND PROCEDURE

SECOND EDITION

INTRODUCTION

WHAT IT COMPREHENDS

The subject of federal jurisdiction and procedure includes the body of laws administered in the federal courts, and the organization and powers of the different courts charged with the duty of administering those laws.

The federal government being one of delegated powers only, the questions coming before the federal courts for discussion and decision necessarily are only those which the federal Constitution, or the acts of Congress passed in pursuance thereof, have intrusted to those courts.

The subject logically resolves itself into the following general analysis, which will be followed in this work: A. The law administered and its origin:

(1) Solely statutory.

(2) Composed of

(a) Federal statutes;

(b) State laws.

HUGHES FED. PR.(2D ED.)-1

B. The courts administering the federal law:
(1) The courts of original jurisdiction:
(a). The District Court.
(b) The Supreme Court.

YHAMELI

(e) Various minor courts, including:
(1) The Court of Claims.

(2) The Court of Customs Appeals.
(3) The Commerce Court.

(4) The courts of the dependencies. (2) The courts of appellate jurisdiction: (a) The Circuit Court of Appeals. (b) The Supreme Court.

CHAPTER I

OF THE SOURCE OF FEDERAL JURISDICTION AND THE LAW ADMINISTERED BY FEDERAL COURTS

5.

6.

Same

Same-Law of Local State When No Written Federal Law Applicable.

Statutes of Local State.

7. Same Unwritten Law of Local State.

8.

9.

10.

11.

Same-Construction of State Statute.
State Law of Title to Real Property.
Contract or Personal Relations.

Not Bound by State Law in Questions of General or Commer-
cial Character.

THE SOURCE OF THE JURISDICTION

1. The jurisdiction administered by the federal courts arises exclusively from the federal Constitution and the laws and treaties made under its authority.

Our dual system of government renders us subject to the constitution and laws of our state in most matters of local concern, and to the federal Constitution in national and international matters. This latter Constitution, becoming effective thirteen years after the independence of the original states, and only adopted after great opposition, is a constitution of limited scope; containing simply the powers therein expressly granted, and leaving with the states all powers not enumerated and too vast to be numerable.

In the conflict along the necessarily uncertain border land between those federal powers expressly granted and those cautiously and jealously withheld, it required little