The provisions relating to the circuit courts of appeals constitute Chapter VI of the Judicial Code.

§ 56. Organization and terms. The court consists of three judges of whom two constitute a quorum. The circuit justices (justices of the Supreme Court), the circuit judges and district judges (in the absence of the circuit justice or judge) within each circuit are competent to sit as judges. No justice or judge may sit in the circuit court of appeals in any case tried before him as judge of a district or circuit court. This may make necessary the presence of a district judge in a case appealed from a circuit judge. The Evarts Act provided for the appointment of an additional circuit judge for each circuit to meet the demand for judges of the circuit courts of appeals.

The terms of the circuit courts of appeals are provided for by law. The courts sit as follows: First circuit, at Boston; second circuit, at New York; third circuit, at Philadelphia; fourth circuit, at Richmond; fifth circuit, at New Orleans, Atlanta, Fort Worth and Montgomery; sixth circuit, at Cincinnati; seventh circuit, at Chicago; eighth circuit, at St. Louis, Denver (or Cheyenne) and St. Paul; ninth circuit, at San Francisco, and in two other places to be designated by the court; and in such other places in each of the above circuits as said courts may from time to time designate.

§ 57. Jurisdiction-In general. The jurisdiction of the circuit courts of appeals is exclusively appellate. Under the Evarts Act appeals lay from both the district and the circuit courts. Under the Judicial Code appeals lie from the district courts, the circuit courts being abolished. In some cases the jurisdiction is final, and in others an appeal lies from the circuit court of appeals to the Supreme Court. The jurisdiction of the court does not depend upon the amount in controversy.

Section 128 of the Judicial Code, as amended in 1915, defining the jurisdiction of the circuit courts of appeals, is as follows:

"The circuit courts of appeals shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the district courts, including the United States district court for Hawaii and the United States district court for Porto Rico, in all cases other than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in section two hundred and thirty-eight, unless otherwise provided by law; and, except as provided in sections two hundred and thirtynine and two hundred and forty, the judgments and decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or citizens of different states; also in all cases arising under the patent laws, under the trade-mark laws, under the copyright laws, under the revenue laws, and under the criminal laws, and in admiralty cases.

Appeals are also allowed from interlocutory orders or decrees of the district court granting, continuing, refusing, on dissolving an injunction, or appointing a receiver.s

The circuit courts of appeals are also given appellate jurisdiction in bankruptcy proceedings, and the judgments and decrees of these courts in such proceedings are made final by Act of January 28, 1915.10 And the circuit court of appeals for the ninth circuit has jurisdiction of appeals and writs of error from the United States court for China 11 and from the district court for Alaska.12 Writs of error and appeals may also be taken to the cir

6-38 Stat. L. 804, Supp. (1916) Fed. St. Ann. 136.

7-See post, § 67.

8-Judicial Code, § 129.

9-Judicial Code, § 130.

10-38 Stat. L. 804, Supp. (1916) Fed. St. Ann. 137.

11-Judicial Code, § 131.

12-Judicial Code, § 134.

cuit courts of appeals from decisions of the supreme courts of Hawaii and Porto Rico where the amount involved ́exceeds $5,000.13

§ 58. Final jurisdiction. It will be noted that the jurisdiction of the circuit court of appeals is made final in all

(1) Cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or citizens of different states;

(2) Cases arising under the patent laws;

(3) Cases arising under the copyright laws;
(4) Cases arising under the trade-mark laws;
(5) Cases arising under the revenue laws;
(6) Cases arising under the criminal laws;
(7) Admiralty cases;

(8) Bankruptcy proceedings.

(9) Certain interstate commerce cases.13a

The object of making the jurisdiction of the circuit court of appeals final in the above cases is to prevent such cases from going to the supreme court, for the relief of which the courts of appeals were established. Nevertheless, the finality of the decisions of the circuit court of appeals is qualified by the provision for review by the Supreme Court upon certification of questions or on certiorari.14

In none of the cases, therefore, of which the jurisdiction of the circuit courts of appeals is declared "final" by the statute, is the jurisdiction of these courts final in the absolute sense; all such cases may be reviewed by the Supreme Court. Practically, however, in individual instances they may be finally disposed of by the circuit courts of appeals.

13-38 Stat. L. 804, Supp. (1916) Fed. St. Ann. 136.

13a-Act of Sept. 6, 1916, c. 448, 83, 39 Stat. L.

14-See post, § 67.

§ 59. Appeals from the circuit courts of appeals. Any case in the circuit courts of appeals may finally reach the Supreme Court provided the matter in controversy exceeds one thousand dollars, besides costs. In cases not made "final" in the circuit courts of appeals an appeal or writ of error may be had as of right provided the jurisdictional amount of one thousand dollars be involved. In cases designated final there is no review by the Supreme Court as a matter of right, but a review may be had if allowed as provided by the statute, and the amount in controversy is immaterial.15

15-See post, § 67.

CHAPTER VII

THE SUPREME COURT

§ 60. Organization and terms.

§ 61. Jurisdiction-In general.

§ 62. Original jurisdiction.

§ 63. Exclusive original jurisdiction.

§ 64. Enforcement of judgments against a state.

§ 65. Appellate jurisdiction-In general.

866. Appeals from district courts.

§ 67. Appeals from circuit courts of appeals.

68. Appeals from other federal and congressional courts.

§ 69. Writ of error to state courts-The statute.

$70. Text of the statute.

71. The amendment of 1914.

§ 72. General propositions relating to review by Supreme Court. 73. Procedure.

§ 74. Rule where other than federal questions are involved.

§ 60. Organization and terms. The Constitution provides that there shall be one supreme court, but does not prescribe the details of its organization, this matter being left to Congress. As originally constituted by the Judiciary Act, the Supreme Court consisted of the chief justice and five associate justices.1 At present (and

1-At the first term of the court (February, 1790) the following judges qualified: Chief justice, John Jay; associate justices, William Cushing, James Wilson, and John Blair. Edward Randolph qualified as attorney-general. There was no other business. James Iredell qualified as justice at the August term, 1790, and Thomas Johnson at the August term, 1792. These six judges composed the first Supreme Court of the United States.

81

By act of February 24, 1807, a seventh justice was provided for (2 Stat. L. 421), and by act of March 3, 1837 (5 Stat. L. 176) the number was increased to nine. By act of July 23, 1866, the number of justices was reduced from nine to seven, to become effective by not filling vacancies as they might occur (14 Stat. L. 209). By act of April 10, 1869, this act was repealed and the number restored to nine (16 Stat. L. 44).