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FEDERAL PRACTICE

VOLUME I.

CHAPTER I.

ORIGINAL JURISDICTION.

§1. Constitutional provisions concerning the courts of the United States. Sec. 1. The Constitution of the United States ordains: "Article III, Section 1. The judicial Power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction:-to Controversies to which the United States shall be a Party;-to Controversies between two or more States; -between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming lands under Grants of different States, and between a State; or the Citizens thereof, and foreign States, Citizens or Subjects. 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. The Trial Fed. Prac, Vol. I-1

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of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."

The jurisdiction of the courts of the United States is restricted by the Eleventh Amendment, which ordains: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

The Sixth Amendment ordains: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence." The Seventh Amendment: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." The Eighth Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

§ 2. Enumeration of the courts of the United States. The Courts of the United States are, the Supreme Court, the Circuit Courts of Appeals, the Court of Customs Appeals, the District

Courts, and the Court of Claims.1 The statutes of the United States have also created certain courts which are usually considered not to be courts of the United States.2 These are, the District Court of Alaska,& the District Court of the United States for Porto Rico, the District Court of the Canal Zone,5 the District Court of Hawaii, the Supreme Court of the Philippines," the United States Court for China, the Consular Courts, the Supreme Court of the District of Columbia 10 and the Court of Appeals of the District of Columbia.11 The Board of General Appraisers 12 and the United States Commissioners 13 have also certain judicial powers, civil and criminal which are hereinafter considered. Courts martial and military commissions are not herein discussed.

Certain civil officers and commissions or boards, for example the Interstate Commerce Commission; 14 the Federal Trade Commission; 15 the Railroad Board of Labor Adjustment; 16 the Railroad Labor Board; 17 the United States Board of Mediation and Conciliation; 18 the Secretary of War, who may act with the assistance of the War Department Claims Board, 19 the Commissioner of Internal Revenue,20 the Secretary of the In

$ 2. 1 The Circuit Courts of the United States have been abolished and their powers transferred to the District Courts, by the Judicial Code, enacted March 3, 1911, §§ 289, 291, 36 St. at L. 1087. Ex parte U. S., 226 U. S. 420.

2 American Insurance Co. v. Canter, 1 Peters, 511, 7 L. ed. 242; Benner v. Porter, 9 How. 235, 13 L. ed. 119; Clinton v. Englebrecht, 13 Wall. 434, 20 L. ed. 659; McAllister v. U. S., 141 U. S. 174, 35 L. ed. 693; Romeu v. Todd, 206 U. S. 358, 568, 51 L. ed. 1093, 1097 (United States Court for Porto Rico). But it has been held that the Supreme Court of the District of Columbia is a court of the United States within the meaning of U. S. R. S. 714. James v. U. S., 202 U. S. 401, 50 L. ed. 1079.

• Infra, § 67.

4 Infra, § 70.

5 Infra, § 70a.
6 Infra, § 71.
7 Infra, § 72.
8 Infra, § 73.
9 Infra, § 74.
10 Infra, § 68.
11 Infra, § 69.
12 Infra, § 77h.

13 Infra, §§ 67, 483a, 486, 488, 489, 490, 493.

14 Infra, §§ 77a-77d.

15 See § 77h infra, and also quasi judicial powers for the taking of testimony and otherwise, some of which are hereinafter explained.

16 Infra, § 77e.
17 Infra, § 77f.
18 Infra, § 77g.

19 Act of March 2, 1919, 41 St. L. 20 Infra, § 96g, Foster on the Income Tax, $$ 89-91.

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