COPYRIGHT.

The benefits of copyright are extended to alien and nonresident authors, inventors, and designers upon two conditions: (1) The same rights must be extended upon same terms to citizens of this country by the laws of the country of which the alien is a citizen and resident, and these facts must be determined by the President and declared by his proclamation. (2) If the production be a book, or of that character, the type must be set in the United States; and if a map, chart, etc., the drawings in stone from which it is printed must be executed in this country.

CIRCUIT COURT OF APPEALS.

CONSTITUTION Of Court.

A circuit court of appeals is created for each judicial circuit. It consists of three judges, of whom two constitute a quorum. In creating this court the President appoints for each judicial circuit an additional circuit judge, whose duties, powers, and jurisdiction are identical with those of the existing circuit judges. The chief-justice, or associate justice, of the Supreme Court assigned to the circuit, and the circuit judges within the circuit, compose this court; but, if any of these be absent, district judges of the circuit are competent to sit, but not to preside. The chief-justice, or associate justice, presides, if present. In his absence the senior circuit judge presides. All judges are incompetent where they participated in the trial of the case below. The circuit court of appeals is a court of record. It prescribes the form and style of its seal, and the form of writs, and other process and procedure. It has authority to make rules and regulations for the conduct of business. Its practice conforms to that prescribed by statute for other appellate courts. It appoints its clerk and marshal. These officers receive salaries. Costs and fees are paid into the treasury.

TERMS OF COURT.

The terms of these courts are held in each circuit annually, as follows: First circuit, Boston; second circuit, New York; third circuit, Philadelphia; fourth circuit, Richmond; fifth circuit, New Orleans; sixth circuit, Cincinnati; seventh circuit, Chicago; eighth circuit, St. Louis; ninth circuit, San Fran

cisco; and in such other places in each circuit as the court may from time to time designate. The first term was set on the second Monday in January, 1891, and after that the court fixes the time of meeting.

JURISDICTION of Court.

The circuit court of appeals is not invested with any orig inal jurisdiction. It has no jurisdiction of any case brought from the highest court of a State for review of its decision. It takes no jurisdiction of appeals or of writs of error from the district courts or from the existing circuit courts in any of the following classes of cases, viz.: (1) Where the jurisdiction of the court is involved. In such cases the jurisdictional question alone should be certified to the Supreme Court. (2) Of sentences and decrees in prize cases. (3) Of cases of conviction of a capital or otherwise infamous crime. (4) Of cases that involve the construction or application of the Constitution of the United States. (5) Of cases 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. (6) Of cases in which the Constitution or law of a State is claimed to be in contravention of the Consti tution of the United States. In all cases falling within any of these six classes, and in all cases brought from the highest courts of the States, the Supreme Court continues to exercise direct and exclusive appellate jurisdiction. The circuit court of appeals is invested with the residue of appellate jurisdietion of the Supreme Court, and with the entire appellate jurisdiction of the existing circuit courts. It may also review, upon appeal, the interlocutory decree of a district court or of an existing circuit court granting or continuing an injunction in an equity cause in which, upon final decree, an appeal would lie: This court has no other source of jurisdiction. Six months are allowed after entry of the order, judgment, or decree sought to be reviewed within which to prosecute appeal or writ of error, unless a shorter limit has been prescribed in the particular case. The Territories are within the jurisdiction

of these courts.

JUDGMENTS AND DECREES OF COURT OF APPEALS.

The judgments and decrees of the circuit court of appeals are final-(1) where the Federal jurisdiction is dependent entirely upon diverse citizenship; (2) in all cases arising under the patent laws, under the revenue laws, and under the criminal laws, and in admiralty cases. In all others than the enumerated cases, an appeal or writ of error lies, as a matter of right, to the Supreme Court from the judgment or decree of the circuit court of appeals, if the matter in controversy exceeds in value $1,000 besides costs. In all cases arising under the patent laws, the revenue laws, and the criminal laws, and in admiralty cases the circuit court of appeals may, of its own motion, certify to the Supreme Court for its review and determination any question of law upon which instruction is desired. The Supreme Court may, by certiorari or otherwise, require the circuit court of appeals to certify any case for its review and determination. Appeals and writs of error must be taken to the Supreme Court within one year after entry of the judgment, order, or decree sought to be reviewed.

GENERAL REMARKS.

This statute, designed for the relief of the Supreme Court, is of special interest to lawyers. It is probable that the circuit courts will derive greater benefits from its operation than the Supreme Court. There are now two circuit judges where there was but one. The business of the circuit courts, it is believed, is not increased in like proportion. The present docket of the Supreme Court, consisting of 1,229 cases-more than three years' work is unaffected by this statute. It has been doubted whether the statute will operate to diminish the business of the Supreme Court. The increase of circuit judges is not favorable to this result. There are few, if any, cases of which the Circuit Court of Appeals has jurisdiction that may not in some way reach the Supreme Court. How to relieve the overcrowded dockets of courts of last resort, without too much restricting the right of appeal, is a pressing and important question.

In conclusion, I congratulate the members of this Association upon its continued prosperity. It may be that the past year has not been signalized by any great achievements. It may be that

the earnest and faithful efforts put forth by the committees and members of this Association have not been rewarded with immediate results. It may be that none of the measures proposed by this Association have been shapen and crystallized into law. The times have not been propitious for the achievement of such results. Special interests and classes, demanding redress of grievances, have had the ear of legislation. The past year has not been the harvest season for the gathering of ripened sheaves, but a time for the sowing of seeds. Who can say that the seeds sown have not fallen upon good ground, and that they will not, in the time to come, bring forth abundantly. Those reforms in the law are safest which are effected by slow degrees and after the fullest discussion. To prevent is sometimes better wisdom than to procure the passage of a statute. "To labor and to wait" is the lawyer's earliest and best lesson.

BIOGRAPHICAL SKETCH OF CHIEF JUSTICE DEADERICK.

JAMES T. SHIELDS

It was thought by many that the submission of the selection and appointment of judicial officers to popular suffrage would not secure the fittest men, the requisite ability and learning, and the requisite integrity and independence; but we may congratulate our country and our profession that the court of last resort, in its personnel, has not yet been deteriorated by "the qualified voters of the State," an illustration of which is to be found in the life, character, and public services of him who is the subject of this brief biographical notice.

Narrated in their historical sequence, the leading incidents of the life of Chief Justice James W. Deaderick, who since our last meeting has departed this life, were as follows: He was born in Jonesborough, Washington County, State of Tennessee, on November 28, 1812. In boyhood he had the benefit of most excellent domestic, mental, and moral training. His collegiate studies were, first, in East Tennessee College, at Knoxville, from which institution he was transferred to Centre College, at Danville, Ky. On November 8, 1832, when yet in his minority, and an undergraduate, he was married to Miss Adeline McDowell, who was a daughter of Dr. Ephraim McDowell, who resided at Danville, and who enjoyed great eminence in his profession. Some time in the year 1833 he began life as a merchant and farmer at Cheek's Cross-roads, in Jefferson County, now within the territorial limits of the recently erected county of Hamblen. Here he built a handsome residence, which still stands, an interesting and venerable pile, recalling to the memory of the few of his contemporaries who still live, profuse and elegant hospitality and the "various sports by which life is both sweetened and prolonged." According to tradition he was more distinguished as a cultured and courtly country gentleman than for his success in agriculture and merchandise. Cheek's