CONGRESS. (CIRCUIT COURT OF APPEALS.) 



213 



irts meet in their nine respective places there 

 be H single case upon their docket to be 

 These great tribunals, with all the dig- 

 tile sii|nvme c.nirt of a great Stai 



ami dinvted to go to noH court, and 

 case to be heard in any one of them, and 

 -. when 1,700 cases are on the Supreme 

 t, three fourths of which should be 

 riilU'd to tin-in for trial; but there is no pro- 

 M this bill that those cases which by the 

 , rtn> of the bill itself in future shall go to these 

 triliunals by writ of error or appeal shall be cer- 



!o\vn their for immediate consideration. 

 Then by the terms of this bill there are cre- 

 d nine additional officers marshals of the 

 'nited States. There is no necessity whatever 

 t lie appointment of a single additional mar- 

 because the marshals already authorized 

 iere tin -I' courts are held could discharge ev- 

 iluty required by the terms of this bill. That, 



:-, is a defect that may readily be cured. 

 - And while I make these objections to the bill, 

 ndor compels me to say that I think the only ex- 

 i IK v which would have compelled the majority 

 the House conferrees to consent to this bill is 

 fact that the parliamentary status and busi- 

 i of the two Houses is such that it was thought 

 i possible otherwise to get through a bill of 

 iv description ; and, secondly, because the vices 

 'lich I have pointed out are of such a charac- 

 1 as will compel Congress in a short time to 

 iopt three or four amendments such as I have 

 sted for the purpose of securing the relief 

 lich was the only motive and almost the sole 

 _ :>se of the legislation sought. 

 I have now, m the brief time allowed me, 

 ied to point out the reasons which compelled 

 ae to dissent from this conference report, and 

 rhich will induce me to vote against it. In 

 iort, and finally, the bill gives no relief to the 

 uprerae Court now, and it is exceedingly doubt- 

 al whether in its present condition it ever will. 

 Iced, it is probable that it will result in an 

 crease of its already overburdened docket. 

 "Second, it perpetuates the vice of the pres- 

 it system in not abolishing the circuit courts, 

 courts of original jurisdiction, and condemns 

 ;hteon instead of nine circuit judges to a life 

 f travel rather than a life 'of judicial usefulness. 

 " Third, it makes the circuit courts of appeal, 

 stead of being organized, stable, and independ- 

 it tribunals, with one set of pudges each it 

 akes of them courts whose judges are con- 

 untly shifting aiuf changing, because no judge 

 in sit, in the trial of any cause in the circuit 

 of appeals wherein he had presided in the 

 irt below, whether he be a circuit or district 

 ipe. 



F<>urth. it does not disassociate the Chief 

 and associate justices of the Supreme 

 >ii rt of the United States from the circuit 

 Jurt work. 



" Fifth, it converts our great constitutional 

 aurt, the Supreme Court of the United States, 

 ito an appellate court to try not capital cases 

 ily. but criminal cases of almost every class, 



misdemeanors of the lowest grades. 

 " Finally, it provides for nine United States 

 *rshals, for whom there is no earthly use. If 

 lese evils were corrected, I would, from a sense 

 " profound duty, even at the sacrifice of parting 



company with my political associates, rapport 

 and vote f.,r this measure. As the bill is now 

 constructed I would not vote for it under any 

 circumstances, believing it is better to have no 

 legislation rather than legislation which, while 

 it corrects some evils, intensifies others and fails 

 utterly to correct the one primarily sought to be 

 corrected, and concerning which the complaints 

 are general, severe, and of long standing name- 

 ly, relief for the Supreme Court of the t 

 States." 



Mr. Culberson, of Texas, said : 



"Mr. Speaker, the House bill relieved the 

 judges of the Supreme Court of duty in circuit 

 courts, thus enabling them to devote their en- 

 tire time to the business in the Supreme Court. 



"The circuit court of appeals consisted of 

 three circuit court judges in each circuit, and 

 was required to hold one term in each year at a 

 place designated in each circuit. 



'If for any reason a quorum of the court 

 should fail to attend, it was provided that a dis- 

 trict judge or judges might be assigned to this 

 duty. 



"This plan of reorganization provided for a 

 review of every civil case and of nearly every 

 criminal case which might be tried in the court 

 of original jurisdiction, either by the circuit 

 court of appeals or by the Supreme Court, and 

 in some cases by both. 



" This secured to every litigant the right to 

 have his case reviewed by a court of last resort, 

 and thus overthrew the judicial despotism we 

 have been accustomed to in some sections of the 

 country. 



" In respect to the relief of the Supreme Court, 

 I may say that the division of the appellate ju- 

 risdiction now exercised by the Supreme Court 

 and the new appellate jurisdiction created by 

 the bill was made substantially upon this basis : 

 All cases tried in the court of original jurisdic- 

 tion might be reviewed in the circuit court of 

 appeals, and if there should be no Federal ques- 

 tion involved (as if jurisdiction should have been 

 acquired by the court of original jurisdiction 

 upon the ground of citizenship) the judgment of 

 the court of appeals should be final, out if a 

 Federal question was involved the iudgment of 

 the circuit court of appeals might be reviewed 

 by the Supreme Court. 



" I propose to support the Senate amendment, 

 not because I prefer the plan proposed by the 

 Senate to that proposed by the House, but for 

 the reasons which induced me to support the 

 House bill. The same objects and results sought 

 to be attained by the House proposition are se- 

 cured by the Senate amendment. 



" A moment now as to the scheme of relief pro- 

 posed by this amendment. It provides for the 

 appointment of only nine circuit judges. A cir- 

 cuit court of appeals is created in each circuit. 

 It consists of a judge of the Supreme Court ami 

 two circuit judges. It is required to hold one 

 term each year at a place designated in the cir- 

 cuit. The appellate jurisdiction is divided be- 

 tween these courts of appeal, as shown by the 

 following synopsis of the bill : 



V. It provides for appeals from the district courts 

 aiul t'r>m tin- eirvuit courts direct to the Supreme 

 Court in the following instance* only : 



a. Where a question of jurisdiction is raised ; 



