Circuit Court of Appeals (p. 156) was established for the purpose of making easier the work of the federal Supreme Court. The jurisdiction of this intermediate court is purely appellate, and its decisions are final, except in a few specified cases which may be carried from it up to the higher court. Probate, County and Chancery Courts. In many of the States we find in every county a probate court-sometimes called the orphans' court (p. 199). In States where there is no separate court, the probate business is given to the county court, an institution found in many States. This county court in a few States has functions which are purely judicial and may try misdemeanors and small civil cases. In six States we find chancery courts separate from the law courts. In these chancery courts the equity cases are tried. As a rule, however, equity cases are tried in the regular law courts of the system. The Relation of the State Judiciary to the Federal Judiciary. The State courts are entirely independent of the federal courts. They have their own judges and court officers-sheriffs, clerks and prosecuting officers (p. 198) — and their own court-houses. They attend to the judicial business of the State and cannot be compelled to perform judicial duties of a federal nature. Their decisions, however, may be reviewed and reversed by the federal courts. When one of the parties to a case in a State court claims that the decision of the court is contrary to the federal Constitution or to federal law the case may be carried over to the federal courts for trial, but when a case is wholly outside of federal authority it must receive its final settlement in a State court. The Powers of the State Judiciary. The part played by the State judiciary in our civil life is of the highest im mediate court of appeals. The other division of the supreme court does for the most part the work of a court of the second grade, that is to say, of a circuit or district court. portance. Most of the cases that come up for settlement are tried in the State courts. The volume of State judicial business is probably ten times as great as the business of the federal judiciary within the State. Among the powers of the State judge are the following: (1) He may declare a statute of the legislature invalid on the ground that it conflicts (a) with the Constitution of the United States (127), or (b) with a statute or treaty of the federal government, or (c) with a decision of the Supreme Court of the United States, or (d) with the constitution of the State. (2) When the case before the court is novel, and there is no law, either customary or written, which will fit the case the judge may nevertheless render a decision, and this decision is not only law for the case in hand, but it will also generally be regarded in other courts of the State as the law for similar cases when they shall arise. Laws thus established by judicial decisions are distinguished from those enacted by the legislature and are called judgemade laws or case laws. (3) Judges in courts of equity-and in most States the regular law courts are also courts of equity-have the power to issue the writ of injunction forbidding a person to do, or commanding him to do, a certain thing. If the injunction is disobeyed the person disobeying it is liable to punishment. The injunction is generally used to prevent the commission of wrongs which could not be prevented by the ordinary workings of a lawsuit. Thus, if a railroad company begins to lay its tracks across a man's property without first securing a right of way, a judge in a court of equity, at any time of the day or night, will issue an injunction forbidding the railroad to continue the laying of the tracks. In recent cases courts have forbidden labor leaders and others to induce or coerce workingmen to strike where the strike would cause irreparable injury and damage to the employers. This use of the injunction has met with fierce opposition and is regarded by many as unwarranted and unjust. The power of injunction is exercised by federal as well as by State judges. QUESTIONS ON THE TEXT 1. How were judges selected in colonial times? How are they selected at the present time? 2. What is the function of the State judiciary? 3. Give an account of each of the three grades of State courts. 4. For what purpose have intermediate courts of appeal been established? 5. What is a probate court? a chancery court? 6. In what relation does the State judiciary stand to the federal judiciary. 7. Name three important powers of the State judiciary? SUGGESTIVE QUESTIONS AND EXERCISES 1. Examine the constitution of this State for answers to the following questions: (a) What are the names of the several grades of courts beginning with the lowest? (b) How do justices of the peace and police magistrates receive their office, by election or by appointment? (c) What is the name of the court corresponding to the circuit court described in the text? State the qualifications of the judges of this court, the term of their office, the mode of their election or appointment and the salary received. What is the number of the circuit (or district) in which you live? Bound this circuit and name the judges. (d) What is the name of the court corresponding to the supreme court described in the text? State the qualifications of the judges of this office, the term of the office, mode of election or appointment and the salary received. 2. Enumerate the qualities of a good judge and determine which of the following methods of selection will be most likely to secure the right man: (1) Election by the people; (2) appointment by the governor; (3) election by the legislature. 3. Why should the term of office of a judge be longer than that of other officers? 4. Which are the most important, good law-makers, good executive officers or good judges? Topics for Special Work.-Trial by Jury: 10, 184-197; 30, 320–327. The American Lawyer: 10, 344–364. The Writ of Injunction: 10, 47; 290-292. XXV TERRITORIES AND DEPENDENCIES Introductory. The account of the organization of the State may appropriately be followed by an account of the organization of the Territory, for the Territory is simply an infant State,-a State in the first grade of government. This chapter, therefore, will treat of territorial government, but the treatment will include both Territories properly so-called and also those other territorial possessions that do not as yet bid fair to be incorporated into the Union. In the account it will be convenient to speak of Territories and Dependencies, but it need not be supposed that the distinction between a Territory and a Dependency is always sharp and clear. The student, however, will do well to bear in mind that a Territory is incorporated into and forms a part of the United States, while a Dependency belongs to but it is not an integral part of the United States. Moreover, it may be broadly stated that the inhabitants of a Territory are citizens of the United States, while the inhabitants of a Dependency are not. Territories and Dependencies Governed by Congress. All territory not included within the boundaries of a State, yet subject to the dominion of the United States, is wholly dependent upon Congress for its governmental powers. This is the fundamental principle underlying all questions relating to the government of territory subject to the sovereignty of the United States and not included within a State. The Congress," says the Constitution, "shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belong ing to the United States" (119). The power of Congress over federal territorial possessions of whatever kind or wherever located is practically supreme. "The Territories of the United States are entirely subject to the legislative authority of Congress. They are not organized under the Constitution nor subject to its complex distribution of powers of government as the organic law, but are the creation exclusively of the legislative department and subject to its supervision and control. The United States, having rightfully acquired the territories, and having become the only government that can impose laws upon them, have the entire domain and sovereignty, national and municipal, federal and State. It may legislate in accordance with the special needs of each locality and vary its regulations to meet the circumstances of the people... In a Territory all of the functions of government are within the legislative jurisdiction of Congress." 1 When planning for the government of federal territory from time to time, Congress has dealt with each case according to its merits. Now it has permitted a newly acquired possession to enter into an immediate enjoyment of statehood; now it has provided liberally for local selfgovernment; now it has held the reins of government tightly in its own hands. This policy of giving to each community a government suitable to its needs has led to the establishment of so many different kinds of governments in the Territories and Dependencies that a satisfactory classification of them cannot be made. Nevertheless, the inferior governments may be conveniently studied under two headings, namely: (1) Territories and Dependencies on the American Continent, and (2) Insular Territories and Dependencies. Territories and Dependencies on the American Continent. These are: New Mexico, organized as a Territory in 1850; 1 Endlemen, et al., v. United States. Quoted in Willoughby's "Territories and Dependencies. |