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the purpose of relieving the circuit courts, territorial courts, district courts, and courts of appeal of the hearing of cases growing out of the collection of customs.23 The court consists of five judges, any three of whom constitute a quorum. Its sessions are held in Washington, but may be in the several judicial circuits, as the court may designate. This court exercises appellate jurisdiction of final decisions of the board of general appraisers in all cases as to the construction of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classification, and the fees and charges connected therewith. It may also decide questions as to the jurisdiction of the board of general appraisers and as to laws and regulations governing the collection of customs. Its judgments are final, no appeal being allowed to any other court. Appeals from the board of general appraisers to the court must be within sixty days after the decision, except that in Alaska and in insular possessions ninety days are allowed.24

The Commerce Court. (Abolished.)

76. Organization and jurisdiction. This court was originally created by the Act of June 18, 1910,25 which was adopted for the purpose of securing the prompt decision of certain questions arising under the interstate commerce act. It consists of five judges, designated as commerce court judges by the

28 6 Stats. at Large, p. 105. It is reproduced in chapter 8 of the Judicial Code.

24 Judicial Code, §§ 188-199. 25 36 Stats, at Large, p. 539.

chief justice of the Supreme Court from among the circuit judges, each to hold office as a commerce court judge for five years. Four of the judges constitute a quorum, and three must concur in all decisions. In the exercise of jurisdiction the commerce court has the powers of a district court and of district judges, and it may issue all writs and process appropriate to the exercise of its jurisdiction and powers, and may adopt rules for its procedure. It has the same jurisdiction formerly possessed by circuit courts over cases for the enforcement of any order of the interstate commerce commission, other than for the payment of money, except that it cannot hear actions for forfeitures or penalties, or inflict any criminal punishment. It may also hear and determine cases brought to enjoin, set aside, annul or suspend, in whole or in part, any orders of the commerce commission, may hear petitions under §3 of the Elkins amendment to the interstate commerce act for preventing rebates or discriminations by interstate carriers, and may issue mandamus under the interstate commerce act compelling common carriers to comply with any provision of the interstate commerce act or its amendments, and to compel the movement of traffic, the furnishing of cars and other facilities for transportation. The jurisdiction here given is exclusive.26 Final judgments or decrees of the commerce court are reviewable by the Supreme Court, on appeal taken within sixty days after entry of the judgment or decree. Appeals are also allowed to the Supreme Court from any interlocu26 Judicial Code, § 207.

tory order or decree granting or continuing an injunction which restrains the enforcement of an order of the commission.27

The Commerce Court was abolished by the Urgent Deficiency Act of October 22, 1913, and all its jurisdiction distributed among those district courts which would have had jurisdiction if the Commerce Court Act had not been passed. All cases pending in the Commerce Court were transferred to the district courts of the proper districts, except those submitted for decision on or before October 22, 1913, and decided before December 1, 1913. The four remaining judges of the Commerce Court are continued as circuit judges and act as judges of any circuit court of appeals or district court to which they may be assigned by the chief justice of the Supreme Court. Upon the death, resignation, or removal of these judges their offices cease.

The District Court.

77. Organization and history.-The district court was originally created by the Judiciary Act of 1789, which divided the country into thirteen districts, providing for a district judge in each one, also establishing three circuits, the eastern, middle, and the southern. No circuit judges were provided for until April 10, 1869, the circuit courts being held at first by two Supreme Court justices and a district judge, later by one justice and a district judge, and finally by a district judge alone. It was the court of original criminal and admiralty jurisdiction, including seiz

27 Judicial Code, § 210.

ures on land under the revenue, navigation and trade laws. It was also given jurisdiction of suits by aliens for torts against the law of nations or under a treaty, suits brought by the United States at common law, and suits against consuls and vice-consuls. Many acts were passed increasing or modifying its jurisdiction, and giving the circuit court concurrent jurisdiction with it in many cases. With the multiplicity of legislation it became quite difficult in some cases to determine the precise limits of the federal jurisdiction as between the district and circuit courts, and Congress finally by the Judicial Code of 1911 abolished the circuit court, and conferred all its jurisdiction upon the district court, except such as belongs to the court of commerce and court of customs appeals.

78. The former circuit court.-As already stated, three circuit courts were created by the Judiciary Act of 1789, held by the Supreme Court justices and a district judge, and in recent years by the district judge alone, or sitting with a circuit judge. Circuit judges were provided for and appointed under an act passed in 1801, which was, however, promptly repealed by the next Congress, and no other circuit judges were provided for until the passage of the Act of April 10, 1869.28 Nine circuit judges, one for each circuit, were provided for by this act, who were given the same power and jurisdiction in their respective circuits as formerly exercised by the justices of the Supreme Court, allotted to the respective circuits and called the circuit justices. Upon 28 U. S. Rev. Stats., § 607.

the adoption of the circuit court of appeals act of 1891 the circuit judges became judges of the court of appeals, and did not do much work in the circuit court, which was thereafter held almost exclusively by a district judge. The chief business of the circuit court was the trial of cases which might be brought either in the state courts or in the circuit court, being suits where there was diverse citizenship, between citizens and aliens, suits by the United States, and suits arising under the Constitution or a federal statute or a treaty. This court was also authorized to try criminal cases, which were usually begun in the district court and then transferred to the circuit. Some confusion resulted from the multiplicity of statutes, which led to the abolition of the circuit court by the Judicial Code.29 All suits pending in circuit courts were transferred to the district court sitting in the same district, and all statutes conferring powers on the circuit court are to be deemed to refer to the district court.

In

79. The district court jurisdiction.-As heretofore stated, the district court now exercises all of the jurisdiction and powers formerly exercised by it and by the circuit court. In the civil cases formerly tried in the circuit court the district court now has jurisdiction concurrent with the state courts. many cases its jurisdiction is entirely exclusive of the state courts, over suits relating to patents, copyrights, admiralty, prize, penalties and forfeitures, seizures under the government police laws relating to food, drugs, animals, plants and seeds. It has also 29 Judicial Code, §§ 289-292.

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