The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Appeals now lie in most civil cases from the final judgments of
the District and Circuit Courts, and from convictions for
infamous crimes, not capital, to the Circuit Court of Appeals.
They also extend to judgments granting a temporary injunction.
There is a court of this name for each of the nine circuits,
which was established in 1891 for the further relief of the
Supreme Court and the speedier termination of litigation. This
measure originated in the American Bar Association, by which it
was pressed upon the attention of Congress. It had become an
absolute necessity to devise some plan of expediting the
disposition of appeals from the trial courts of the United
States. There was more than enough of such business by the close
of the Civil War (the events attending which brought up for
decision many novel questions of the highest importance) to
require the entire attention of the Supreme Court. It soon took
three years after an appeal was docketed before it could be
reached for argument. This was intolerable, and it was obviously
necessary either to restrict the liberty of appeal; to constitute
divisions of the court, one to hear appeals of a certain class
and another those of another class; or to set up an intermediate
court. The last method was preferred. The practice in the
Circuit Court of Appeals is governed by rules of its own making,
but in general conforms to that of the Supreme Court of the
United States in appealed cases.
The commission appointed some years since to prepare a revision
of the laws of the United States have reported in favor of
abolishing all jurisdiction of the Circuit Court over original
cases and turning it into an appellate court.[Footnote: Senate
Doc. 68, 57th Congress, 1st Session.] Should this recommendation
be adopted, the District Court would acquire the jurisdiction now
vested in the Circuit Court, the District Judges would sit in the
District Court only, and the Circuit Court Judges in the Circuit
Court only, while the Circuit Court of Appeals would come to an
end.
The American Bar Association voted in 1903 that it was desirable
to establish a new appellate court to sit at Washington and take
cognizance of patent and copyright cases. Such a measure would
tend to relieve the Supreme Court of the United States of any
undue pressure of business, and promote both uniformity and
promptitude of decision in a class of actions in which
promptitude and uniformity are of special importance. As things
stand now, a patent may be pronounced invalid in one circuit and
upheld in another by courts of equal authority; and while in such
event the Supreme Court would probably, on a special application,
call both these judgments up before it for review, this remedy
cannot be claimed as a matter of absolute right, and is at best a
slow one.
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