Page:The Green Bag (1889–1914), Volume 23.pdf/323

 The Federal Judiczary Act appeals and writs of error may be taken direct to the Supreme Court; and, except as provided in sections 239 and 240 of the code, the judgments and decrees of the Circuit Courts of Appeals shall be ﬁnal in all cases in which the juris

diction is dependent entirely upon the opposite parties to the suit or contro versy being aliens and citizens of the United States, or citizens of different states; also in all cases arising under the patent laws, copyright laws, revenue laws, criminal laws and in admiralty

293

and among the states.

(4) All such

mandamus proceedings as are authorized to be maintained by the circuit courts

under section 20 or 23 of the Act of February 4, 1887, regulating commerce.

"The jurisdiction of the Commerce Court over cases of the foregoing classes is exclusive.

Suits to enjoin, set aside

or suspend an order of the Interstate Commerce Commission shall be brought in the Commerce Court against the

and the Court of Customs Appeals and

United States and the Attorney-General shall have charge of the interests of the government: but the Commission and any party in interest to the proceeding before the Commission may appear of their own motion, and as of right, and be represented by counsel. “A ﬁnal judgment or decree of the Commerce Court may be reviewed by the Supreme Court if an appeal is taken within sixty days of ﬁnal judgment. Appeals shall not supersede or stay judgment of the Commerce Court unless the Supreme Court, or a justice thereof, shall so direct and the appellant gives bond in such amount as shall be re quired. Appeals may also be taken to the Supreme Court from interlocutory

their jurisdiction, Mr. Loyd thus sum

decrees ing or continuing of the Commerce injunctions Court, restrain grant~

marizes the jurisdiction of the Commerce Court: — "The Commerce Court has jurisdiction over all cases of the following kinds:

terstate Commerce Commission. These appeals are given priority in hearing over

cases. “Appeals may be taken to the Cir

cuit Courts of Appeals from orders or decrees of a District Court granting, continuing, refusing, dissolving or refusing to dissolve an injunction, or appointing a receiver in equity proceed ings, notwithstanding an appeal in such case might, upon ﬁnal decree, be taken

directly to the Supreme Court. The Circuit Courts of Appeals have also the appellate and supervisory jurisdiction conferred by the bankruptcy act and its amendments." After describing the Court of Claims

(1) All cases for the enforcement, other

wise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punishment, of any order of the Interstate Commerce Commission other than for the payment of money. (2) Cases brought to enjoin, set aside,

annul or suspend in whole or in part any order of the Interstate Commerce Com mission. (3) Cases authorized to be main tained in the circuit courts by section 3

of lating the Act commerce of February with foreign 19, 1903,nations regu~

ing the enforcement of orders of the In

all other causes in the Supreme Court except criminal cases." The powers of the Supreme Court are thus stated: —— "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 latter cases it

shall have original, but not exclusive, jurisdiction. And it has exclusively all such jurisdiction of suits or proceedings