214 



CONGRESS. (SALARIES OF DISTRICT JUDGES.) 



b. Final decrees in prize causes ; 



e. Cases of crime punishable by death ; 



d. Cases involving the construction or application 

 of the Constitution of the United States, but not in 

 cases involving the construction or application of acts 

 of Congress ; 



e. Cases in which the constitutionality (only) of 

 any law of the United States, or the validity or con- 

 struction of a treaty, is drawn into question ; 



/. In cases in which the law of a State is claimed 

 to be in contravention of the Constitution of the 

 United States. 



8. It leaves the jurisdiction of the Supreme Court in 

 respect of cases brought from the highest court of a 

 State, as the law now is. 



9. It gives the court of appeals jurisdiction to re- 

 view decisions of the district and circuit courts in all 

 other cases. 



10. It provides that the judgments of the court of 

 appeals snail be final in all cases 



(a) In which the jurisdiction is dependent upon 

 the character of the suitors, as citizens or aliens 

 b) In cases arising under the patent laws ; 

 ) In cases under the revenue laws ; 

 ) In cases under the criminal laws ; and 

 ) In admiralty cases other than prize. 

 1. It authorizes the court of appeals to certify to 

 the Supreme Court questions of law. 



12 It authorizes the Supreme Court in the cases 

 last mentioned to review the whole case. 



13. It also authorizes the Supreme Court to require 

 the court of appeals to send up for consideration any 

 case pending therein. 



14. In all other cases in the court of appeals it au- 

 thorizes an appeal to the Supreme Court from the 

 court of appeals when the matter in controversy ex- 

 ceeds $1,000. 



These are the broad and leading features of the 

 legislation proposed by the majority of the committee. 



It will be seen from the foregoing that in general 

 the Supreme Court of the United States is excluded 

 from reviewing 



I. Cases in which the jurisdiction of the national 

 courts depends upon the character of suitors. 



11. All cases arising under the patent laws. 



III. All cases under the revenue laws. 



IV. All cases under the criminal laws. 



V. All admiralty cases other than prize. 



" It will be seen from this statement that the 

 division of labor between these courts and the 

 Supreme Court is better arranged and less ex- 

 pensive to litigants than that proposed in the 

 House measure. 



" There is no restriction upon the right of re- 

 view, and in my judgment there is no question 

 of the efficiency of the plan to give ample relief 

 to the court. 



" My colleague on the committee thinks that 

 the failure to incorporate in this amendment a 

 provision to remove the causes now pending in 

 the Supreme Court of which the circuit court of 

 appeals would have jurisdiction under this bill 

 to the proper circuit court of appeals was a 

 grave mistake, and will result in postponing the 

 relief sought to be given the Supreme Court by 

 this measure. 



li I concur in that opinion and believe that it 

 was a grave mistake, and I have no doubt that 

 Congress will rectify it as soon as practicable. 



" Mr. Speaker, in respect to the objection to 

 the provision which secures a defendant in a 

 case of conviction of a capital or otherwise in- 

 famous crime an appeal direct to the Supreme 

 Court of the United States, I desire to say that 

 I believe that a more meritorious provision could 

 not be inserted in this measure. 



"If there is any class of judgments which de- 



serve a higher and greater consideration than 

 another, it seems to me that a judgment which 

 takes life or liberty falls within it. 



" It is true, Mr. Speaker, that this measure, if it 

 should become the law, will require the appoint- 

 ment of nine circuit judges by this Administra- 

 tion. 



" But I take it that the true question is, not 

 whether this necessary judicial force is to be 

 furnished from the Republican party or the 

 Democratic party, or both combined, but, is it 

 needed ? 



" Shall the demand of the bar of the United 

 States,.without regard to party, be ignored ? Shall 

 the best interests of the country, so long out- 

 raged and disgraced by the law's delays, continue 

 to be neglected because the President of the 

 United States may fill these places with his 

 party friends ? 



" So far as I am concerned, I yield to what I 

 believe to be the best interests of the country, 

 without regard to party. Regretting sincerely 

 to differ with Democratic colleagues on the com- 

 mittee, I shall vote for this conference report." 



On March 3, 1891, the President approved of 

 the measure. 



Salaries of District Judges. On Feb. 14, 

 1891, the House passed a bill, previously passed 

 by the Senate, " fixing the salaries of the several 

 judges of the United States district courts at 

 $5,000 per annum." The considerations in favor 

 of the measure are thus presented in the report 

 of the House Judiciary Committee : 



Justices of the Supreme Court. The salaries of the 

 justices of the Supreme Court were first fixed by act 

 of Sept. 23, 1789, at the sum of $4,000 for the Chief 

 Justice and $3,500. for the associate justices. Feb. 20,_ 

 1819, they were changed to the sum of $5,000 for the' 

 Chief Justice and $4,000 for the associate justices. 

 March 3, 1855, they were again raised to $6,500 and 

 $6,000; March 3, 1871, to $8,500 and $8,000; and 

 March 3, 1873, to $10,500 and $10.000, at which 

 amount they have ever since remained. 



These justices stay in Washington continuously 

 from October to May each year, and not a little is ex- 

 pected of them socially. The expenses of living in 

 Washington have steadily increased for some time. 

 Eents, real estate, and living expenses generally are 

 high there. Besides, as before stated, the justices of 

 the Supreme Court do more or less circuit work in 

 their respective circuits each summer, and have trav- 

 eling expenses then to meet. 



On Sept. 1, 1857, Associate-Justice Benjamin Bob- 

 bins Curtis, of Boston, tendered his resignation as 

 such justice to the President, and it was accepted. In 

 letters to his friends he stated that his main reason 

 for doing so was that the salary was so small it was 

 then $6,000 he could not support his family in 

 Washington without expending, in addition to his 

 salary, his entire private income, and that he did not 

 deem it his duty to do so. 



After his resignation he entered at once upon the 

 practice of his profession, and was so engaged until 

 his death. His brother, Mr. George Tickiior Curtis, 

 of New York, in his biography of the ex-justice, says 

 that his aggregate professional receipts from the time 

 of his resignation until his death, a period of nearly 

 seventeen years, were about $650,000. This would 

 make an average annual income of a little over $38,- 

 000. But even that is not so large an income as many 

 lawyers of the country have received during the time 

 that has elapsed since Justice Curtis's deatn and are 

 now receiving. 



Circuit Judges. The act providing for the ap- 

 pointment of circuit judges fixed their salary at the 

 sum of $6,000, and it has not been changed. These 



