§ 80. The court of private land claims. This court was established in 1891 for the settlement of disputes as to certain private titles to land claimed under Spanish and Mexican grants in Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming. The court sat in these states and territories. The judges held office for four years, and the court was not regarded as a part of the regular federal system. It ceased to exist in 1904, when the powers of the court were transferred to the commissioner of the general land office. Appeals lay to the Supreme Court. 13 § 81. Consular courts-United States court for China. Consular courts, held by United States consuls, are established by the United States in several eastern countries under treaties with the countries in which such courts are held. They exercise civil and criminal jurisdiction in matters affecting citizens of the United States.14 United States Court for China. A court known as the "United States Court for China" was established by an act of June 30, 1906. The court is held by a single judge appointed by the President, by and with the advice and consent of the Senate, who receives a salary of $8,000 per annum. He holds office for ten years, "unless sooner removed by the President for cause." The court sits at Shanghai, Canton, and other places. The act provides that the court "shall have exclusive jurisdiction in all cases and judicial proceedings whereof jurisdiction may now be exercised by United States con 12-Act of 1902, §§ 9, 10 (32 Stat. L. 695, 5 Fed. St. Ann. 722); Judicial Code, § 248. 13-6 Fed. St. Ann. 48. See, also, 35 Stat. L. 655, Supp. (1909) Fed. St. Ann. 530. 14-Rev. St., § 4083, et seq., 2 Fed. St. Ann. 819-830; 7 Am. & Eng. Enc. L. 17-21. suls and ministers by law and by virtue of treaties between the United States and China, except in so far as said jurisdiction is qualified by section 2 of this act," which section continues the jurisdiction of consuls in minor cases. The court exercises appellate and supervisory control over the consular courts. "The jurisdiction of said United States court, both original and on appeal, in civil and criminal matters, and also the jurisdiction of the consular courts in China, shall in all cases be exercised in conformity with said treaties and the laws of the United States now in force in reference to the American consular courts in China, and all judgments and decisions of said consular courts, and all decisions, judgments and decrees of said United States court shall be enforced in accordance with said treaties and laws. But in all cases when such laws are deficient in the provisions necessary to give jurisdiction or to furnish suitable remedies, the common law and the law as established by the decisions of the courts of the United States shall be applied by said court in its decisions and shall govern the same subject to the terms of any treaties between the United States and China." Appeals lie from the court for China to the United States Circuit Court of Appeals for the Ninth Circuit, subject to review by the Supreme Court of the decisions of the circuit court of appeals on such appeals in the same classes of cases as in cases coming to the circuit court of appeals from the district courts.15 § 82. The Department of Justice. Congress has established an executive department known as the Department of Justice, of which the attorney-general is the head. The attorney-general is the legal adviser to the President and heads of the executive departments, who may require his 15-34 Stat. L. 814; Supp. (1909) Fed. St. Ann. 294; Biddle v. United States, 156 Fed. 759; Toeg v. Suffert, 167 Fed. 125. opinion on matters of law. Such opinions are to be regarded as law by administrative officers until withdrawn by the attorney-general or overruled by the courts. The opinions of the attorney-general are published, and are occasionally cited by the courts. The attorney-general is also the attorney for the United States in suits in which the government is interested.16 § 83. The General Land Office. In connection with the management and sale of the public lands Congress has established a land department known as the General Land Office, which is a branch of the Department of the Interior. The office is in charge of a commissioner who is under the secretary of the interior. The department is a special tribunal vested with judicial power to decide questions relating to lands acquired from the government. Its decisions are published and have some weight with the courts.17 § 84. The Interstate Commerce Commission. By the Interstate Commerce Act of 1887 a commission was created to enforce the provisions of the act. As originally constituted the commission was an administrative board exercising administrative powers. It was not a court and had no judicial or legislative powers. The original powers of the commission have been much enlarged by subsequent statutes, but it is still not a court. Nevertheless it exercises a quasi judicial power, and its published decisions have some weight as to matters of law involved. The commission is composed of five commissioners and sits at Washington.18 16-Rev. St., §§ 346-387; 4 Fed. St. Ann. 762-773. 17-6 Fed. St. Ann. 210; 36 Am. & Eng. Enc. L. 374. The decisions of the Land Department in questions of fact are conclusive upon the courts. Whitcomb v. White, 214 18-3 Fed. St. Ann. 837; Supp. (1912) Fed. St. Ann. 118; Supp. (1914) Fed. St. Ann. 204;; 36 Stat. L. 550; 37 Stat. L. 701. See In § 85. Military courts. The military law of the United States recognizes several military courts, chiefly of criminal jurisdiction. None of these courts belong to the judicial system of the United States, but are established under the military power and not under the judicial power conferred by the Constitution.19 These courts are: 1. Courts-Martial. Courts-martial are special tribunals organized during times of peace or war for the trial of persons in the military or naval service, charged with military offenses. These courts are temporary, a special court being organized for the trial of each offense. The civil courts cannot review the decisions of courts-martial, but on habeas corpus proceedings can always inquire into the question of jurisdiction, and order the discharge of persons not subject to the jurisdiction of the courtmartial. Courts-martial are also organized under state authority in connection with the militia. 2. Courts of Inquiry. A court of inquiry is not a regular court for the trial of an offense, but rather an investigation tribunal charged with the quasi-judicial function of inquiring into charges against persons in the military or naval service. Courts of inquiry are sometimes held upon the application of the person charged. The object of the investigation is generally to determine whether the charge is sufficient to warrant trial by courtmartial. 3. Military Commissions. These are war courts, organized only at a time and place of war or martial law for the trial of criminal offenses by persons whether in the military service or not, where such cases do not come within the jurisdiction of a court-martial or cannot be terstate Commerce Commission v. 19-See, generally, as to military courts, the article on "Military Law'' in 20 Am. & Eng. Enc. L. 615, 645-660. tried by the regular municipal courts because their operations are obstructed.20 4. Provisional Courts. Provisional courts exercising a general civil and criminal jurisdiction have also sometimes been created by authority of the President as commander-in-chief, under conditions justifying the establishment of military commissions. The establishment of these courts is within the constitutional authority of the President. Provisional courts are established under the military power, and not under the judicial power, and do not belong to the judicial system of the United States.21 20-In re Vallandingham, 1 Wall. 243; Ex parte Milligan, 4 Wall. 2. 21-The Grapeshot, 4 Wall. 129; Mechanic's, etc., Bank v. Unior Bank, 22 Wall. 276. As to the provisional court for Porto Rico, see In re Vidal, 179 U. S. 126; Santiago v. Nogueras, 214 U. S. 260. |