Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Special Courts of the United States.=--In addition to the three classes
of United States courts, already described, several tribunals of a
special or temporary character have been created to hear and determine
particular classes of controversies. Some of these courts are held by
judges who are appointed for definite terms.
_The Court of Claims_ was created in 1855 to pass upon claims against
the government. It consists of a chief justice and four associate
justices who serve during good behavior. It is a well-established
principle of public law that a sovereign state cannot be sued against
its will. Before the creation of this court claims against the
government had to be considered by Congress, a body which aside from
being ill fitted for the hearing of such cases, was overburdened by the
necessity of considering the large number of claims annually laid before
it. The government now allows itself to be sued in this court on most
claims of a contractual nature, but the judgments of the court cannot be
paid until Congress appropriates the money for their payment, and hence
the court cannot issue an execution to enforce its findings. At each
session of Congress, an appropriation is made to satisfy any judgments
made or which may be made by the court. Appeals are allowed to be taken
from the court of claims to the Supreme Court on questions of law. Among
the more important classes of claims that have been adjudicated by this
court were the French Spoliation claims, and Indian depredation claims,
both involving numerous claims and very large amounts in the aggregate.
In 1906 a United States court was established in China to exercise
jurisdiction in certain cases previously exercised by the consuls. It is
held by a single judge appointed by the President for a term of four
years.
The tariff law of 1909 created a _United States Court of Customs
Appeals_, consisting of a presiding judge and four associates, to hear
appeals from the board of general appraisers in cases involving the
construction of the law and facts respecting the classification of
imported articles and the rate of duty imposed thereon.
In 1910 a _Commerce Court_ was created, to decide appeals from the
orders of the Interstate Commerce Commission; but in 1913 this court was
abolished.
In the _District of Columbia_ Congress has created two courts, with
judges appointed to hold office during good behavior: the supreme court
of the district, consisting of a chief justice and five associate
justices; and the court of appeals, consisting of a chief justice and
two associate justices. Appeals may be taken from the former to the
latter, whose decisions in some cases are reversible by the Supreme
Court of the United States. Appeals may also be taken from the decisions
of the commissioner of patents to the court of appeals of the District
of Columbia.
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