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THE DECISIONS

Supreme Court of the United States

OCTOBER TERM, 1898.

Kauthenticated copy of oplnion record strictly, followed, except as to such reference words and

Agures as are inclosed in brackets. )

(2) CAPITAL TRACTION COMPANY, Piff. in In any court of the United States than ao Err.,

cording to the rules of common law is not violated by allowing an appeal, for trial by

a common-law jury, from the judgment on CHARLES HOF.

the verdict of a jury of twelve men in a

court of a justice of the peace, as that is (See S. C. Reporter's ed. 1-46.)

not a common-law jury.

6. The right of trial by jury is not unduly obJurisdiction of this court-trial by jury

structed by enlarging the civil jurisdiction of trial before justice of the peace and a jury, justices of the peace to $300, and requiring not a trial by jury within the constitution every appellant to give security to pay and al provision-when trial by jury in ap satisfy the judgment of the appellate court pellate court satisfies constitutional right

in order to obtain a trial by a common-law of trial by jury-re-examination of the jury on appeal. facts-enlarging jurisdiction of justices

(No. 108.] of the peace.

Argued January 5, 6, 1899. Decided April 1. This court has jurisdiction of a wrlt of er

11, 1899. ror to the court of appeals of the District of Columbia, to review its decision as to the validity and effect of the legislation of Con-IIN ERROR to the Court of Appeals of the gress conferring upon justices of the peace in 1 District of Columbia to review a judg. that District jurisdiction in civil actions in ment of that court reversing an order of the which the matter in dispute exceeds $20 Supreme Court of the District and remandin value, and providing for a trial by Jury being the case with directions to quash a writ fore the justice, an appeal to the supreme of certiorari to a justice of the peace to precourt of the District, and a trial by Jury Invent a civil action to recover damages in the the appellate court, at the request of either

sum of $300 from being tried by a jury be party. 2.

Affirmed.

fore him.
Trial by Jury under the Constitution means
a trial by a jury of twelve men in the pres.

See same case below, 24 Wash. L. Rep. 646
ence and under the superintendence of a judge and 10 App. D. C. 205.
empowered to instruct them on the law, and

The facts are stated in the opinion. . to advise them on the facts, and (except on Mr. R. Ross Perry for plaintiff in error. acquittal of a criminal charge) to set aside Mr. Alexander Wolf for defendant in their verdict, if, in his opinion, it is against error.

the law or the evidence. 8. A trial by a jury of twelve men before a

*Mr. Justice Gray delivered the opinion of [2] Justice of the peace, having been unknown in the court: England or America before the Declaration of On September 8, 1896, the Capital TracIndependence, is not a trial by jury within the |tion Company, a street-railway corporation meaning of U. 8. Const. 7th Amend.

in the District of Columbia, presented to the . A common-law trlal by jury in a court of

supreme court of the District a petition for record upon appeal from a judgment of a

a writ of certiorari to a justice of the peace Justice of the peace in a civil action, after

arter to prevent a civil *action to recover damages (3) giving bond with surety to prosecute the appeal and to abide the judgment of the appel

in the sum of $300 from being tried by a late court, is sufficient to satisfy the consti-jury beforenin

| jury before him. tutional right of trial by jury.

The petition for a writ of certiorari al& The constitutional provision, that no fact | leged that Charles Hof, on August 17, 1896,

tried by jury shall be otherwise re-examined caused a summons to be issued by Lewis T.

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