The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
been or may be rendered by the Court of Claims; but should this
provision be omitted in any appropriation bill the judgments of
the Court of Claims could not be collected.
Concurrent jurisdiction in these respects is given to the
District Court of claims not exceeding $1,000 in amount, and to
the Circuit Court of those exceeding $1,000 and not exceeding
$10,000.
Aliens can sue in the Court of Claims when their own country
accords a similar privilege in its courts to citizens of the
United States.[Footnote: U. S. Revised Statutes, Sec. 1068.]
This court has also a peculiar kind of advisory jurisdiction.
Congress, or any committee of either house, can refer to it any
questions of fact which may have come before them. The judges
must then ascertain the facts and report them back. The head of
any of the great executive departments may, in like manner, in
dealing with any claim against the government, if the claimant
consents, refer any uncontroverted questions, either of fact or
law, to the court, which must then report back to him its
findings and opinion. This does not take the form of a judgment,
for there is no case and no parties are before it. It is a mere
expression of opinion, and stands on much the footing of the
report of a committee of inquiry to a superior
authority.[Footnote: 22 U. S. Statutes at Large, 485; 24
_id._, 507.]
A temporary court is also in existence called the Court of
Private Land Claims. This is composed of a Chief Justice and
four associate justices, and has jurisdiction to hear and
determine claims of title to land as against the United States,
founded on Spanish or Mexican grants in New Mexico, Arizona,
Utah, Nevada, Colorado or Wyoming. An appeal from the final
judgment is given to the Supreme Court of the United
States.[Footnote: 26 U. S. Statutes at Large, 854.]
The District of Columbia has a special judicial establishment.
There is a court of general jurisdiction known as the Supreme
Court of the District of, Columbia, and appeals from its
judgments lie to the Court of Appeals of the District of
Columbia. This is composed of a Chief Justice and two associate
justices, and its judgments are reviewable by the Supreme Court
of the United States, if $5,000 is involved, or the validity of
an authority exercised under the United States or a treaty or Act
of Congress is in question. An appeal also lies to it from
decisions of the Commissioner of Patents as to claims of a right
to a patent.[Footnote: 27 U. S. Statutes at Large, 434.]
When new territory comes by conquest or cession permanently under
the jurisdiction of the United States, it belongs to the
President, in the exercise of his executive power, to see to its
proper government until Congress makes other provision. He can
institute courts there for that purpose, or if he finds courts
created by the former sovereign in existence, can expressly or
impliedly permit them to continue in the exercise of judicial
functions.
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