judge of the circuit within which such judge so designated and appointed resides shall certify, in writing, that the business of the district of such judge will not suffer thereby. Such appointment shall be filed in the clerk's office and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the clerk to the judge so designated and appointed. Each of the said district judges may in the case of such appointment, hold separately, at the same time, a district court in such district, and discharge all of the judicial duties of the district judge therein.

As amended by Act of Oct. 3, 1913, (38 Stat. L. 137), Supp. (1914) Fed. St. Ann. 229.

§ 19. It shall be the duty of the district or circuit judge who is designated and appointed under either of the six preceding sections, to discharge all the judicial duties for which he is so appointed, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district. See R. S. § 595; 4 Fed. St. Ann. 676.

§ 20. Whenever it appears that the judge of any district court is in any way concerned in interest in any suit pending therein, or has been of counsel or is a material witness for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by either party to cause the fact to be entered on the records of the court; and also an order that an authenticated copy thereof shall be forthwith certified to the senior circuit judge for said circuit then present in the circuit; and thereupon such proceedings shall be had as are provided in section 14.

See R. S. § 601; 4 Fed. St. Ann. 678.

Long-12

§ 21. Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner prescribed in section 23, to hear such matter. Every such affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term of the court, or good cause shall be shown for the failure to file it within such time. No party shall be entitled in any case to file more than one such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that such affidavit and application are made in good faith. The same proceedings shall be had when the presiding judge shall file with the clerk of the court a certificate that he deems himself unable for any reason to preside with absolute impartiality in the pending suit or action.

§ 22. When the office of judge of any district court becomes vacant, all process, pleadings, and proceedings pending before such court shall, if necessary, be continued by the clerk thereof until such times as a judge shall be appointed, or designated to hold such court; and the judge so designated, while holding such court, shall possess the powers conferred by, and be subject to the provisions contained in, section 19.

See R. S. § 602; 4 Fed. St. Ann. 679.

§ 23. In districts having more than one district judge, the judges may agree upon the division of business and assignment of cases for trial in said district; but in case

they do not so agree, the senior circuit judge of the circuit in which the district lies, shall make all necessary orders for the division of business and the assignment of cases for trial in said district.

CHAPTER II

DISTRICT COURTS-JURISDICTION

§ 24. Original jurisdiction.

Par.

1. Where the United States are plaintiffs-And of civil suits at common law or in equity.

2. Of crimes and offenses.

3. Of admiralty causes, seizures, and prizes.

4. Of suits under any law relating to the slave trade.

5. Of cases under internal revenue, customs and tonnage laws.

6. Of suits under postal laws.

7. Of suits under the patent, the copyright, and the trademark laws.

8. Of suits for violation of interstate commerce laws.

9. Of penalties and forfeitures.

10. Of suits on debentures.

11. Of suits for injuries on account of acts done under laws

of the United States.

12. Of suits concerning civil rights.

13. Of suits against persons having knowledge of conspiracy,

etc.

14. Of suits to redress the deprivation, under color of law,

of civil rights.

15. Of suits to recover certain offices.

16. Of suits against national-banking associations.

17. Of suits by alien for torts.

18. Of suits against consuls and vice-consuls.

19. Of suits and proceedings in bankruptcy.

20. Of suits against the United States.

21. Of suits for the unlawful inclosure of public lands.

22. Of suits under immigration and contract-labor laws.

23. Of suits against trusts, monopolies, and unlawful combinations.

24. Of suits concerning allotments of land to Indians.

25. Of partition suits where United States is joint tenant.

§ 25. Appellate jurisdiction under Chinese-exclusion laws.

§ 26. Appellate jurisdiction over Yellowstone National Park.

§ 27. Jurisdiction of crimes on Indian reservations in South Dakota.

§ 24. The district courts shall have original jurisdiction as follows:

First. Of all suits of a civil nature, at common law or in equity, brought by the United States, or by any officer thereof authorized by law to sue, or between citizens of the same state claiming lands under grants from different states; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dollars, and (a) arises under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different states, or (c) is between citizens of a state and foreign states, citizens, or subjects. No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made: Provided, however, That the foregoing provision as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section.

The jurisdiction of the district court under the Judicial Code represents the combined jurisdiction of the former district and circuit courts. For former jurisdiction of district courts, see R. S. § 563; 4 Fed. St. Ann. 218. For jurisdiction of circuit courts, see R. S. § 629, and 25 Stat. L. 434; 4 Fed. St. Ann. 265.

Second. Of all crimes and offenses cognizable under the authority of the United States.

See R. S. § 563, cl. 1; 4 Fed. St. Ann. 218; also 4 Fed. St. Ann. 266, 299.

Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent