Page:Federal Reporter, 1st Series, Volume 5.djvu/214

 202 FEDERAL UEPOBTEB. �hearing is to be sought by appeal, when the decree is one which can reviewed by an appellate tribunal. See Tufts v. Tufts, supra. �The petition, therefore, cannot be beard by me ex parte at Washington. The complainant must pursue the regular course of procedure, and give notice to the opposite party. If the petition be filed during the term, the court will retain jurisdiction over the case, and may subsequently decide upon the application. The eighty-eighth rule in equity applies only where no petition is presented during the term. �As the circuit court in San Francisco will be held by the circuit judge in my absence, he will direct its clerk to forward the petition and answer to me, at Washington, accompanied with Buch brief 8 as counsel may file within a reasonable time to be allowed by the court. The application will then be taken up and disposed of, and my judgment sent to the cir- cuit court and there entered. Where cases bave been heard by the circuit judge sitting alone, I do not myself jhear appli- cations in them for a rehearing, or motions for a new trial, except by bis request. This consideration to the different judges composing the court is essential to the harmonious administration of justice therein. As observed by me in a case reported in 1 Sawyer : "The circuit judge possesses equal authority with myself on the circuit, and it would lead to unseemly conflicts if the rulings of one judge, upon a ques- tion of law, should be dîsregarded, or be open to review by the other judge in the same case." Page 689. �The petition contains what purports to be a copy of my opinion, but it is a copy of the opinion before it was revised. The opinion should not have been published until it had received my revision, as counsel very well know. In any petition hereafter filed it is expected that a correct copy will appear, if any one is given. If the present petition is used, the opinion must be corrected in accordance with the revised copy- �Before concluding, it may not be amiss to invite the atten- tion of complainant's counsel to the language of Judge Story, in the case of Jenkins v. Eldridge, with respect to the earnest- ����