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the act of June 16, 1880, c. 243, “to provide for the settlement of all outstanding claims against the District of Columbia, and conferring jurisdiction on the Court of Claims to hear the same, and for other purposes."

(1) Rule 8, section 2, of the Supreme Court requires the clerk to annex to and transmit with the record a copy of the opinion or opinions filed in the

case.

(2) The following extract from the opinion of the Supreme Court in the case of Burr v. The Des Moines Railroad and Navigation Co., 1 Wall., p. 102, will explain what is necessary to be set out in the findings:

"The statement of facts on which this court will inquire if there is or is not error in the application of the law to them is a statement of the ultimate facts or propositions which the evidence is intended to establish, and not the evidence on which those ultimate facts are supposed to rest. The statement must be sufficient in itself, without inferences or comparisons, or balancing of testimony, or weighing evidence, to justify the application of the legal principles which must determine the case. It must leave none of the functions of a jury to be discharged by this court, but must have all the sufficiency, fullness, and perspicuity of a special verdict. If it requires of the court to weigh conflicting testimony, or to balance admitted facts, and deduce from these the proposition of fact on which alone a legal conclusion can rest, then it is not such a statement as this court can act upon."

(3) Rule 8, section 5, and Rule 9, section 1, require that the record on appeal in cases from all courts must be filed with the clerk of the Supreme Court and the case docketed within thirty days from the allowance of the appeal.

Rule 20, section 1, permits submission of appeals from the Court of Claims on printed briefs without oral arguments, by consent of both parties, within the first ninety days of the term, and thereafter within thirty days after docketing, but not later than April 1. Twenty-five copies of the arguments, signed by attorneys or counsellors of the Supreme Court, must first be filed.

INSTRUCTIONS BY CLERK OF SUPREME COURT AS TO APPLICATIONS FOR WRITS OF CERTIORARI UNDER ACT OF MARCH 3, 1891.

The following are the requirements on applications for writs of certiorari under the act of March 3, 1891:

Petitions are docketed in this court as

Petitioner, vs.

Respondent.

Before the petition will be docketed there must be furnished this office: 1. An original petition, with written signature of counsel.

2. A certified copy of the transcript of the record, including all proceedings in the Circuit Court of Appeals.

3. An appearance of counsel for petitioner, signed by a member of the bar of this court.

4. A deposit of $25 on account of costs.

Before submission of the petition there must be furnished:

1. Proof of service of notice of date fixed for submission and of copies of petition and brief upon counsel for the respondent. About two weeks' notice should be given.

2. Twenty-five printed copies of the petition.

3. Twenty-five printed copies of brief in support of petition, if any such brief is to be filed.

4. At least nine uncertified copies of record, which must contain all the proceedings in the Circuit Court of Appeals. These copies may be made up by using copies of the record as printed for the Circuit Court of Appeals and adding thereto printed copies of the proceedings in that court. If a sufficient number of records thus made up can not be obtained, making it necessary to reprint the record for use on the hearing of the petition, fifty copies must be printed under my supervision, in order that, should the petition be granted, there may be a sufficient number for use on the final hearing.

Monday being motion day, some Monday must be fixed upon for the submission of the petition. No oral argument is permitted on such petitions, but they must be called up and submitted in open court by counsel for petitioner, or by some attorney in his behalf.

All papers in the case must be filed not later than the Saturday preceding the Monday fixed for the submission of the petition.

JAMES M. McKENNEY,

Clerk of the Supreme Court of United States.

See ante, § 1922 of Code.

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