The Judiciary Department Of The United States Part 495

The Judges Of The United States Supreme Court

Jos. P. Bradley. Stephen J. Field. Sam. F. Miller, Nathan Clifford, M. R. Waite, N. A. Swayne, David Davis, W. Strong, Ward Hunt.

THE above illustration, from a photograph by S. M. Fassett, of Washington, represents the Judges of the Supreme bench, as they appeared in 1876. The picture is valuable as showing the dress worn and the position assumed by the judges when together in session, the Chief Justice being in the center, and the eight Associate Justices sitting four upon each side.

The marshal of the Supreme Court is required to attend the court at its sessions; to serve and execute all processes and orders issuing from it, or made by the Chief or associate justices, in pursuance of law, and to take charge of all property of the United States used by the court or its members; and with the approval of the Chief Justice he may appoint assistants and messengers to attend the court, with the same compensation allowed to similar officers in the lower house of Congress.

The reporter of the Supreme Court is required to see that its decisions, made during his term of office, are printed and published within eight months after they are made, and in any subsequent year he must print and publish another volume of the same sort. He also delivers a specified number of copies of such printed decisions to the Secretary of the Interior. At the completion of his first volume of reports he is entitled to receive $2,500, and for every subsequent volume prepared and published by him, $1,500; but all his work must be done within the legally-prescribed time and manner. The law also provides for the . proper distribution of these decisions to officers of the United States Government, and the price at which other persons may buy them. Thus are preserved, from year to year, most valuable additions to our national legal lore, which, sub st an t i al 1 y bound in volumes, are gradually enlarging the law libraries of the land. The Supreme Court holds one session annually, beginning on the second Monday in October, and such adjourned or special terms as it may deem necessary for the dispatch of its business.

The Supreme Court has exclusive jurisdiction of all controversies of a civil nature where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens, in which last-named cases it has original, but not exclusive, jurisdiction. And it has, exclusively, all such jurisdiction of suits or proceedings against embassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdiction of all suits brought by public ministers or embassadors, or in which a consul or vice-consul is a party.

It has power, also, to issue writs of prohibition in the district courts when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus in cases warranted by the principles and usages of law to any courts appointed under the authority of the United States, or to persons holding office under the authority of the Government, where a State, or an embassador, or other public minister, or a consul or vice-consul is a party. The trial of issues of fact in the Supreme Court, in all actions at law against citizens of the the United States, are by jury. The laws provide largely for the character of the practice in this Supreme tribunal, which is final in its action and decrees.

What Is Required Of Judges

The Justices of the Supreme Court and the United States district and circuit courts, before entering upon their public duties, are solemnly sworn, or made to affirm, that they will administer justice without respect to persons, and do equal right to the poor and to the rich, and that they will faithfully and impartially discharge and perform all the duties incumbent on them, according to the best of their abilities and understanding, agreeably to the Constitution and laws of the United States.

Continuance Of Salary In Old Age

None of these judges may exercise the profession or employment of counsel or attorney, or be engaged in the practice of the law, and disobedience in this direction is deemed a high misdemeanor and treated accordingly.

When any one of these judges resigns his office after having held it at least ten years, and has attained the the age of seventy years, he receives, during the remainder of his life, the same salary that was by law payable to him at the time of his resignation.

Division Into Districts

The United States are divided into fifty-five federal judicial districts. A district judge is appointed for each district by the President of the United States, unless otherwise provided for by the statutes. Each judge must reside in the district for which he is appointed. The records of the district court are kept at the place where it is held.

The jurisdiction of the district courts in suits, and the places and times of holding such courts, are regulated by law. The law also provides for the government of the judges in holding, changing or postponing courts, according to circumstances.

Restrictions Upon Clerks

No clerk, assistant, or deputy clerk of any United States court is allowed to act as solicitor, proctor, attorney or counsel in any cause pending in either of said courts, or in any district for which he is acting as said officer, and, if he does, he may be stricken from the roll of attorneys upon complaint.

Within thirty days after the adjournment of each term of court, the clerk is required to forward to the Solicitor of the Treasury a list of all judgments and decrees, to which the United States are parties, that have been entered in said court during such term, showing the amount adjudged or decreed in each case, for or against the United States, and the term to which execution thereon will be returnable.