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CHAPTER XXII

APPELLATE JURISDICTION (Continued)—THE SUPREME

COURT

178. The Supreme Court of the United States-Its Organization. 179. The Appellate Jurisdiction of the Supreme Court-The Courts whose Decisions are Reviewable by the Supreme Court.

180. Appeals from the United States District Courts.

181. Appeals from the Circuit Courts of Appeals.

182. Appeals from Territorial Courts.

183. Appeals from the Court of Appeals of the District of Columbia.

184. Appeals from the Court of Claims.

185. Appeals from the Commerce Court.

186. Review of State Court Decisions.

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189.

Same-The Courts whose Decisions are Reviewable.

190. Same By Whom the Right of Review may be Invoked. Same Character of Questions Reviewable.

191.

192.

Same-How a Federal Question must be Raised or Shown by the Record.

THE SUPREME COURT OF THE UNITED STATES -ITS ORGANIZATION

178. The Supreme Court of the United States is the court exercising the highest powers of appellate jurisdiction; this jurisdiction comprising certain appeals from all of the other federal courts and from the state courts of last resort, according to regulations fixed by law.

The Supreme Court consists of a chief justice of the United States and eight associate justices, any six of whom constitute a quorum.

The judges of the Supreme Court are appointed by the President of the United States, and hold office during good behavior. Under the chief justice, the

associate justices take precedence according to the dates of their commissions, or, if their commissions are dated alike, according to their ages.

In another connection the original jurisdiction of the Supreme court has been discussed. It is now necessary to consider its appellate jurisdiction, which is far the most extensive body of law which it administers.

Composition of the Supreme Court

Section 215 of the Judicial Code provides: "The Supreme Court of the United States shall consist of a chief justice of the United States and eight associate justices, any six of whom shall constitute a quorum."

For a long time the court was composed of seven justices, but this number was afterwards increased to nine, the present number. Under section 216, the associate justices take precedence according to the dates of their commissions; if their commissions are dated alike, according to their ages.

Sessions of the Supreme Court

It is provided by section 230 of the Judicial Code that the court shall hold one term annually at the seat of government, commencing on the second Monday in October, and such adjourned or special terms as it may find necessary for the dispatch of business. In actual practice, on account of the pressure of business upon it, the court is in almost continuous session from October until the early part of the following May; only adjourning occasionally. and using even those adjournments for the purpose of writing up opinions in cases argued and submitted.

Appellate Jurisdiction of the Supreme Court-Sources and Regulation of

The second paragraph of the second section of article 3 of the Constitution provides:

"In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party,

the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

Hence its original jurisdiction springs directly from the Constitution, but its appellate jurisdiction is subject to regulation by Congress.1

THE APPELLATE JURISDICTION OF THE SU-
PREME COURT-THE COURTS WHOSE
DECISIONS ARE REVIEWABLE BY
THE SUPREME COURT

179. The Courts whose decisions are reviewable by the Supreme Court of the United States under regula

tions fixed by law are:

(a) The United States district courts.

(b) The United States circuit courts of appeals.

(c) The territorial courts, and courts of the dependen

cies.

(d) The courts of the District of Columbia.

(e) The court of claims.

(f) The commerce court.*

(g) State courts of last resort.

APPEALS FROM THE UNITED STATES DISTRICT COURTS

180. The Supreme Court exercises appellate jurisdiction directly over the district courts of the United States in the following cases:

(a) When jurisdictional questions are involved. (b) Prize causes.

1 National Exchange Bank v. Peters, 144 U. S. 570, 12 Sup. Ct. 767, 36 L. Ed. 545. See "Courts," Dec. Dig. (Key-No.) § 380; Cent. Dig. § 996.

* Since abolished. See post, p. 701.

(c) Some criminal causes.

(d) Constitutional or treaty questions, comprehending: (1) The construction or application of the federal Constitution;

(2) The constitutionality of a federal law;

(3) The validity or construction of a treaty;

(4) The constitutionality of a state law.

(e) Suits by the United States under anti-trust legislation.

The most of the litigation in these courts is reviewable, as has been seen, by the circuit court of appeals, and the jurisdiction of the Supreme Court is the exception and not the rule; but, under section 238 of the Judicial Code, the latter has jurisdiction over the decisions of the district courts in exceptional cases of general importance. The section reads: "Appeals and writs of error may be taken from the district courts, including the United States district court for Hawaii, direct to the Supreme Court, in the following cases: In any case in which the jurisdiction of the court is in issue, in which case the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes; in any case that involves the construction or application of the Constitution of the United States; in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn in question; and in any case in which the constitution or law of a state is claimed to be in contravention of the Constitution of the United States."

(a) Jurisdictional Questions

The first paragraph of the act requires the appeal to go straight to the Supreme Court where the jurisdiction of the lower court is in issue, but in such case the court can only consider the question of jurisdiction, and not the case on the merits. In this respect this first class differs from the HUGHES FED. PR. (2D ED.)-32

subsequent ones. In order to give the Supreme Court jurisdiction over such a question, there must be a certificate of the court accompanying the appeal or writ of error, and without such certificate the court has no power to review even a question of jurisdiction. This certificate must be made by the lower court during the term at which final judgment is rendered, and cannot be made at a subsequent term. There is no specific form which this certificate must follow. It should be, in the main, similar to the old form adopted by the courts when certifying to the Supreme Court particular questions or propositions of law wherein. they differed in opinion. In no event can the Supreme Court be required, even where the case turned on a jurisdictional question, to search through the record and exhume it from a great mass of pleadings or rulings. At the same time, there is no magic in the mere use of the word "certified," but anything which may present to the appellate court the single, well-defined question of jurisdiction, severed from all collateral questions, will be sufficient. For instance, in one case the parties who had obtained a receiver in a state court applied to a federal court to discharge a receiver which the latter court had appointed; claiming that the state court had first obtained jurisdiction over the

2 ROBINSON v. CALDWELL, 165 U. S. 359, 17 Sup. Ct. 343, 41 L. Ed. 745; ante, p. 477. A bill of exceptions may be used to present the question if it does not otherwise appear from the record, but, under well-known principles of pleading, is unnecessary if the fact otherwise appears from the record. C. H. Nichols Lumber Co. v. Franson, 203 U. S. 278, 27 Sup. Ct. 102, 51 L. Ed. 181; Frederic L. Grant Shoe Co. v. W. M. Laird Co., 212 U. S. 448, 29 Sup. Ct. 332, 53 L. Ed. 591. See "Courts," Dec. Dig. (Key-No.) § 385; Cent. Dig. § 1013.

3 COLVIN v. JACKSONVILLE, 158 U. S. 456, 15 Sup. Ct. 866, 39 L. Ed. 1053. This case contains a good form of certificate of a jurisdictional question. See "Courts," Dec. Dig. (Key-No.) § 385; Cent. Dig. § 1013.

4 Maynard v. Hecht, 151 U. S. 324, 14 Sup. Ct. 353, 38 L. Ed. 179. See "Courts," Dec. Dig. (Key-No.) § 385; Cent. Dig. § 1013.

5 Van Wagenen v. Sewall, 160 U. S. 369, 16 Sup. Ct. 370, 40 L. Ed. 460. See "Courts," Dec. Dig. (Key-No.) § 385; Cent. Dig. § 1013

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