and jurisdiction therein, that the circuit judges of the United States, within their respective circuits, now have under existing laws, and who shall be entitled to the same compensation as the circuit judges of the United States in their respective circuits now have. (26 U. S. Stats. 826, sec. 1.)

Note.-Circuit courts of appeals were established to facilitate the prompt disposition of cases in the Supreme Court, and to relieve it from the oppressive burden of general litigation, which impeded the examination of cases of public concern, and operated to the delay of suitors. (In re Woods, 143 U. S. 202; Law Ow Bew v. United States, 144 U. S. 55); and the act creating such courts took effect immediately, so as to permit appeals to be taken to them at once. (In re Claasen, 140 U. S. 209; McLish v. Roff, 141 U. S. 661; Railroad Co. v. Bennett, 49 Fed. Rep. 598; 1 C. C. A. 392; Baltimore etc. R. Co. v. Andrews, 50 Fed. Rep. 728; 1 Č. C. A. 636.)

§ 168. Circuit court of appeals--Offcers and powers.-There is hereby created in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of record with appellate jurisdiction, as is hereafter limited and established. Such court shall prescribe the form and style of its seal, and the form of writs, and other process and procedure as may be conformable to the exercise of its jurisdiction as shall be conferred by law. It shall have the appointment of the marshal of the court, with the same duties and powers under the regulations of the court as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applicable. The court shall also appoint a clerk, who shall perform and exercise

the same duties and powers in regard to all matters within its jurisdiction as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The salary of the marshal of the court shall be twenty-five hundred dollars a year, and the salary of the clerk of the court shall be three thousand dollars a year, to be paid in equal portions quarterly. The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals; and the same shall be expended, accounted for, and paid over to the treasury department of the United States in the same manner as is provided in respect to the costs and fees in the Supreme Court. (26 U. S. Stats. 826, sec. 2, cl. 1.)

§ 169. Rules, etc.-The court shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law. (26 U. S. Stats. 827, sec. 2, cl. 2.)

§ 170. Judges constituting court.-The chief-justice and the associate justices of the Supreme Court assigned to each circuit, and the circuit judges within each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals with their respective circuits in the manner hereinafter provided. In case the chief justice or an associate justice of the Supreme Court should attend at any session of the circuit court of appeals, he shall preside, and the circuit judges in attendance upon

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the court in the absence of the chief justice or associate justice of the Supreme Court shall preside in the order of the seniority of their respective commissions. (26 U. S. Stats. 827, sec. 3, cl. 1.)

§ 171.

When may hold the court.In case the full court at any time shall not be made up by the attendance of the chief justice or an associate justice of the Supreme Court and circuit judges, one or more district judges within the circuit shall be competent to sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court; provided, that no justice or judge before whom a cause or question may have been tried or heard in a district court, or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. (26 U. S. Stats. 827, sec. 3, cl. 2.)

2172. Terms—Regular— Additional First term.--A term shall be held annually by the circuit court of the first circuit, in the city of Boston; in the second circuit, in the city of New York; in the third circuit, in the city of Philadelphia; in the fourth circuit, in the city of Richmond; in the fifth circuit, in the city of New Orleans; in the sixth circuit, in the city of Cincinnati; in the seventh circuit, in the city of Chicago; in the eighth circuit in the city of Saint Louis; in the ninth circuit, in the city of San Francisco; and in such other places in each of the above circuits as said court may from time to time designate. The first term of said courts shall be

held on the second Monday in January, eighteen hundred and ninety-one, and thereafter at such times as may be fixed by said courts. (26 U. S. Stats. 827, sec. 3, cl. 2.)

§ 173.* Change of date.-The first meetings of the several circuit courts of appeals mentioned in the act of Congress passed at this present session, entitled "An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," shall be held on the third Tuesday in June, A. D. eighteen hundred and ninety-one; and if, from any casualty, the first meeting of any such court shall fail to be so held on that day, the first meeting of any such court, so failing to be held, shall be held on such day subsequent thereto as the chief justice or any justice of the Supreme Court of the United States assigned to such circuit, shall direct: And be it further resolved, that nothing in said act shall be held or construed in anywise to impair the jurisdiction of the Supreme Court or any circuit court of the United States in any case now pending before it, or in respect of any case wherein the writ of error or the appeal shall have been sued out or taken to any of said courts before the first day of July, anno Domini eighteen hundred and ninety-one.

* Joint resolution passed March 3, 1891; 26 U. S. Stats. 1115.

§ 174. Appeals to and from circuit courts. No appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district court to the existing circuit courts, and

no appellate jurisdiction shall hereafter be exercised or allowed by said existing circuit courts, but all appeals by writ of error or otherwise from said district courts shall only be subject to review in the Supreme Court of the United States or in the circuit court of appeals hereby established, as is hereinafter provided, and the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the Supreme Court of the United States or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same. (26 U. S. Stats. 827, sec. 4.)

A writ of error returnable to the circuit court of appeals may be issued from the clerk's office of the circuit court in which the action was tried. (Northern Pac. R. Co. v. Amato, Cir. Ct. App. 49 Fed. Rep. 881.)

§ 175. Appeals from circuit or district to Supreme Court.-That appeals or writs of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court in the following cases: In any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision. From the final sentences and decrees in prize causes. In cases of conviction of a capital or otherwise infamous crime. In any case that involves the construction or application of the Constitution of the United States. In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. In any case in which the constitution