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be a party;" that is, only such cases can be commenced therein, but cases decided in the other federal courts, under certain prescribed conditions, can be reviewed by the Supreme Court by virtue of its appellate jurisdiction. The limits of the original jurisdictions of the District and Circuit Courts, and the appellate jurisdiction of the latter over the former, are provided by law. Beside other matters, the Circuit Court has exclusive jurisdiction of patent suits and the District Court of admiralty cases. The Court of Claims has jurisdiction of claims against the United States. The Justices of the Supreme Court, besides their functions as such, are each assigned to one of the circuits, being then known as Circuit Justices. There is also a separate Circuit Judge for each circuit, and a District Judge for each district. Circuit Courts may be held by the Circuit Justice, by the Circuit Judge or by the District Judge sitting alone, or by any two of these sitting together. As constituted at first, the Supreme Court consisted of a Chief-Justice and five Associate-Justices, but the number of the latter has been changed from time to time, and there are at present eight. (See ChiefJustice.) The salary of the Chief-Justice is $10,500, and of' Associate-Justices $10,000 per annum.
The Court is at present constituted as follows: Chief-Justice, Melville W. Fuller, of Illinois; Associate-Justices, Stephen J. Field, California; Joseph P. Bradley, New Jersey; Jno. M. Harlan, Kentucky; Horace Gray, Massachusetts; S. Blatchford, New York; L. Q. C. Lamar, Mississippi; D. J. Brewer, Kansas; H. B. Brown, Michigan. Besides these regular federal courts, the Senate sits when necessary as a court of impeachment; the District of Columbia has a Supreme Court over which the Supreme Court of the United States has appellate jurisdiction; and Territorial Courts are provided, the judges of which are nominated for terms of four years by the President, and confirmed by the Senate, and over which the Supreme Court has also appellate jurisdiction. Cases decided in the highest court of any State may also be reviewed by the Supreme Court, but only
when federal questions are involved; that is, when the controversy deals with the Constitution, laws or treaties of the United States.
II. STATE. The judicial systems of the several States are too widely different to permit of brief explanation. In some of them courts of equity are distinct from those of law, while in others the same tribunals exercise both functions, and in still others all distinction between actions at law and suits in equity is abolished. The manner of selecting judges also varies in different States and from time to time. At the period of the formation of the United States the election of judges by the people was unknown except in Georgia. At the present time, however, the people elect judges in twenty-four of the States. Judicial terms vary from two to twenty-one years, the average being about ten years. The question has been much discussed whether the judiciary should be elective by the people, or appointive by the executive or Legislature, or “councils of appointment.” Most of the States have decided in favor of the former alternative, but many of these have found it necessary to lengthen the terms of their elective judiciary in order to lessen the necessary evils of the system, which tends to supplant judicial justice by political shrewdness. The elective system seems to have been a growth of the “spoils” doctrine as a means of rotation in office.
Junketing.–Any trip, excursion or entertainment by an official at public expense under the guise of public service, is popularly called a “junket.” The form these junkets most frequently take, is a legislative investigation requiring travel to various points and large hotel bills.
Jury. A jury is a body of impartial persons sworn to inquire into the truth of facts presented to them and to render a verdict or decision on the evidence. The right to a trial by jury is insured by the fifth, sixth and seventh amendments to the Constitution of the United States and by most of the State constitutions. In criminal cases the right is universal in this country; in civil cases it is general, but may usually be waived by consent of both parties. The petit or trial jury is usually com
posed of twelve persons, but sometimes a smaller number is used. Their verdict must be unanimous in criminal cases and generally in civil cases. A special or struck jury is ordered by the court in extraordinary cases where it is shown that a fair and impartial trial cannot be had by an ordinary jury. A struck jury is obtained as follows: From the complete list or panel of jurors an officer selects forty-eight whom he considers most impartial and in every way best fitted to try the case at issue; from this list each party strikes off, alternately, twelve names; from the remaining twenty-four the trial jury is selected in the ordinary way. A grand jury is composed of twenty-three persons; its function is to inquire concerning the commission of crimes and to present indictments against offenders, where it thinks proper, to a court having jurisdiction to try the case; twelve must concur to find an indictment, or a true bill, as it is called; its proceedings are secret. The Constitution of the United States and all the State constitutions provide that no person shall be tried for a capital or otherwise infamous crime except after indictment by a grand jury. A coroner's jury, or jury of inquest, is composed of from nine to fifteen persons, and its duty is to inquire into the causes of sudden deaths or dangerous woundings. Sheriff's juries try the title to property held by the sheriff when it is claimed by a third party. Juries are also employed for other special purposes, among which is the determination of the value of property taken under the right of eminent domain. "The province of a jury is usually to judge merely of the truth or falsity of the facts alleged, the court deciding questions of law; but in some cases and in a few of the States the jury decides both as to the law and the facts.
Justice, Department of.- This department was organized June 22, 1870, and the Attorney-General, whose office was created by act of September 24, 1789, was placed at its head. The Attorney-General is appointed by the President and confirmed by the Senate; his salary is $8,000; he is a member of the Cabinet. The establishment of this department brought under his
control all United States district-attorneys and marshals, and secured uniformity in the trial and prosecution of cases. The Attorney-General rarely argues cases, this work being done by his subordinates.
These are as follows:
5,000 Assistant Attorney-General.
5,000 Assistant Attorney-General for the Interior Department.. 5,000 Assistant Attorney General..
5,000 Assistant Attorney General for the Post-Office Department 4,000 Solicitor of the Treasury
4,500 Solicitor of Internal Revenue.
4,500 Examiner of Claims (State Department)..
3,500 The Solicitor-General takes the place of the AttorneyGeneral in the latter's absence. He has charge of the conduct of cases in the courts at Washington. The Attorneys-General of the United States are given below:
Edmund Randolph, Virginia..
1789-1794 1794-1795 1795-1801 1801-1801 1801-1805 1805-1805 1805-1807 1807-1811 1811-1814 1814-1817 1817-1829 1829-1831 1831-1833 1833-1838 1838-1840 1840-1841 1841-1841 1811-1843 1843-1845 1845-1846 1846-1848 1818-1849 1819-1850 1850-1853 1853-1857 1857-1860 1860-1861 1861-1863 1863-1864 1864-1866 1866-1868 1868-1869 1869–1870 1870-1871 1871-1875 1875-1876
1876-18777 1877-1881 1881-1881 1881-1885 1885-1889 1889-.....
Alphonso Taft, Ohio....
W.H. H. Miller, Indiana... Kanawha is a name at first proposed for West Virginia (which see).
Kansas.-The larger part of Kansas constituted a portion of the Louisiana purchase (see Annexations I.), but the southwestern corner was ceded by Texas to the United States in 1850. It formed part of Missouri Territory (see Territories) till 1821, and then remained unorganized till, in 1854, by the Kansas-Nebraska Bill (which see) the Territory of Kansas was erected, which included part of the present State of Colorado. After much trouble and not a little bloodshed, caused by the opposing attempts to make Kansas a slave State and a free State (see Border War; Brown, John) it was admitted to the Union under the Wyandotte Constitution, which prohibited slavery, January 29, 1861. The capital is Topeka. The population in 1880 was 996,096, and in the last census (1890) 1,427,096. Kansas has seven Congressmen and nine electoral votes. It is solidly Republican. The State is called after the river of the same name, which in the Indian tongue means “smoky water.” Popularly it is known as the Garden State, or the Garden of the West. (See Governors; Legislatures.)
Kansas Aid Society, was a congressional society formed in 1854 for the purpose of aiding free-state emigration to Kansas, in which region the struggle between the free State and the slave parties was then at its height. (See Border War.)
Kansas-Nebraska Bill.—The Missouri Compromise of 1820 had excluded slavery from the Louisiana purchase north of thirty-six degrees thirty minutes north latitude, except from the State of Missouri, and the Compromise of 1850 was not regarded as having disturbed that arrangement. That part of this region lying west and northwest of Missouri, and stretching to the Rocky Mountains, was known as the “ Platte Coun