Produced by Charles Aldarondo, Tiffany Vergon, Michael Kaelbling, Charles Franks and the Online Distributed Proofreading Team THE AMERICAN JUDICIARY BY SIMEON E. BALDWIN, LL.D. CONTENTS PART CASES CITED. I. THE NATURE AND SCOPE OF THE JUDICIAL POWER IN THE UNITED STATES. II. THE ORGANIZATION AND PRACTICAL WORKING OF AMERICAN COURTS. _PART I_ CHAPTER I. ENGLISH ORIGIN AND EARLY DEVELOPMENT OF THE AMERICAN JUDICIARY. II. THE SEPARATION OF THE JUDICIAL POWER FROM THE LEGISLATIVE AND EXECUTIVE IN AMERICAN CONSTITUTIONS. III. THE RELATIONS OF THE JUDICIARY TO THE POLITICAL DEPARTMENTS OF GOVERNMENT. IV. THE FORCE OF JUDICIAL PRECEDENTS. V. THE JUDICIAL POWER OF DEVELOPING UNWRITTEN LAW. VI. THE JUDICIAL POWER OF INTERPRETING AND DEVELOPING WRITTEN LAW. VII. THE JUDICIAL POWER OF DECLARING WHAT HAS THE FORM OF LAW NOT TO BE LAW. _PART II_ VIII. THE ORGANIZATION OF THE COURTS OF THE STATES. IX. THE ORGANIZATION OF THE COURTS OF THE UNITED STATES. X. RELATIONS OF THE STATE JUDICIARY TO THE UNITED STATES, AND OF THE UNITED STATES JUDICIARY TO THE STATES. XI. RELATIONS BETWEEN THE COURTS OF DIFFERENT STATES. XII. TRIAL BY JURY. XIII. FORMALITIES IN JUDICIAL PROCEDURE. XIV. TRIAL COURTS FOR CIVIL CAUSES. XV. PROBATE COURTS. XVI. BANKRUPTCY AND INSOLVENCY COURTS. XVII. CRIMINAL PROCEDURE. XVIII. THE EXERCISE OF JUDICIAL FUNCTIONS OUT OF COURT. XIX. APPELLATE COURTS. XX. THE ENFORCEMENT OF JUDGMENTS AND PUNISHMENT OF CONTEMPTS OF COURT. XXI. JUDICIAL PROCEEDINGS IN TERRITORIES SUBJECT TO MARTIAL LAW. XXII. APPOINTMENT, TENURE OF OFFICE AND COMPENSATION OF JUDGES. XXIII. THE CHARACTER OF THE BAR AND ITS RELATIONS TO THE BENCH. XXIV. THE LAW'S DELAYS. XXV. THE ATTITUDE OF THE PEOPLE TOWARDS THE JUDICIARY. INDEX. * * * * * TABLE OF CASES Ableman _v._ Booth Allinson, Hale _v._ American Insurance Co. _v._ Canter Ames _v._ Kansas Ames, Smyth _v._ Andrews, _Ex parte_ Anthes, Commonwealth _v._