ADDITIONS AND CORRECTIONS.

Page 178, Sec. 260.-United States v. New York Steam Fitting Co., 235 U. S., , approves Vermont Marble Co. v.

National Surety Co., 213 Fed., 429.

Page 213, Sec. 316.-The reference should be to Sec. 31 of the Judicial Code; not to Sec. 21.

Page 336, Sec. 514.-By an act passed in December, 1914, the Supreme Court is authorized to grant certiorari

when decision is in favor of the Federal right claimed.

TABLE OF CONTENTS.

CHAPTER I.

THE ORIGIN AND THE LIMITS OF THE JURISDICTION OF

THE FEDERAL COURTS.

Introduction. .

Nature of the Question Discussed.

Principles More Important Than Details...

All Federal Courts Creatures of Written Law..

All Federal Courts of Limited Jurisdiction..

Superior Maryland Courts Are of General Jurisdic-

Sec. 1.

Sec. 2.

Sec. 3.

Sec. 4.

Sec. 5.

Sec. 6.

tion. . .

Sec. 7.

Federal Courts of Limited Jurisdiction..

Sec. 8.

PAGE

1

3

4

4

5

5

7

121

12

Record in Federal Courts Must Affirmatively Show

Jurisdiction.

.......

Sec. 9. Duty of Every Federal Court to Make Sure It Has

Jurisdiction. . .

.....

Sec. 10. District Courts Not Inferior Courts in Common

Law Sense

Sec. 11. Objection to the Absence of Jurisdictional Allega-

tions Cannot be Made After the Judgment or

Decree Itself Can No Longer be Directly at-

tacked..

:

13

Sec. 12. Validity of Judgment Cannot be Collaterally At-

tacked Because of Absence of Jurisdictional

Allegations.

14

16

Sec. 13. A Federal Court Can Entertain No Suit Except by

Authority of an Express Written Enactment.

Sec. 14. No Federal Court Can Exercise Any Jurisdiction

Not Given to the United States by the Second

Section of the Third Article of the Constitu-

tion. .

Sec. 15. Neither Congress Nor Consent of Parties Can Ex-

tend Jurisdiction of Federal Courts Beyond

Constitutional Grant. .

....

Sec. 16. Federal Courts Careful to Exercise No Jurisdic-

tion Not Clearly Theirs.....

Sec. 17. Congress Always Anxious to Restrict Jurisdiction

of Federal Courts......

16

17

17

18

Sec. 18. Congress Cannot Extend Jurisdiction of Federal

Courts Beyond Constitutional Grant........ 18

Sec. 19. Congress Cannot Extend Original Jurisdiction of

Supreme Court Further Than the Constitu-

tion Prescribes

Sec. 20. Constitutional Grant of Original Jurisdiction to

the Supreme Court is Not Exclusive.....

19

220

Sec. 21. The First Three Rules Limiting Jurisdiction of

Federal Courts

Sec. 22.

Except as to Original Jurisdiction of Supreme

Court, the Jurisdiction of Every Federal

Court is Statutory......

Sec. 23 The Constitutional Grant of Judicial Power is Not

Self Executing ...

Sec. 24. Congress Has Never Provided for the Exercise of

More Than a Part of the Judicial Power

Sec. 25.

Given by the Constitution....

Unnecessary Extension of Jurisdiction of Federal

Sec. 26. Federal Courts Have No Common Law Criminal

Sec. 27. Independent of Statute, Federal Courts Have No

Criminal Jurisdiction Over Offenses Punish-

able in Admiralty.

Meaning of Statement That Federal Courts Have

No Common Law Jurisdiction.....

PAGE

མི་སྨྲ ་སོ་མ 8 སོ8 མཻ མཻ ཆེ

Sec. 30.

Sec. 31.

Sec. 32.

Sec. 33.

Federal Courts May Have Jurisdiction in Civil

Cases to Give Common Law Relief.

There is a Federal Common Law on Some Subjects.

Common Law Definitions Are Accepted by the Fed-

eral Courts.

30

31

32

Sec. 34. Federal Courts in Equity Cases Administer a Com-

mon Law of Chancery...

33

Sec. 35. In the Federal Courts the Line Separating Law

From Equity is Drawn Where it was in Eng-

land in 1789...

CHAPTER II.

33

THE ORGANIZATION OF THE FEDERAL JUDICIAL SYSTEM.

Sec. 36. The Supreme Court....

The Appellate Jurisdiction of the Supreme Court

is Such as Congress Sees Fit to Give.......

The Organization of the Supreme Court..

Jurisdiction of the Supreme Court.

Sec. 37.

Sec. 38.

Sec. 39.

Sec. 40.

Sec. 41.

The District Courts of the United States..

District Judges

Sec. 42.

Sec. 43.

Sec. 44.

.....

The Supreme Court and the District Courts Have

Been Permanent

The Circuit Courts....

Circuit Courts from 1789 to 1801.

PAGE

Sec. 45. Circuit Courts Under the Act of February 13,

1801. . .

40

Sec. 46.

Sec. 47.

Circuit Courts Under the Act of April 29, 1802....

Justices of the Supreme Court Can be Constitu-

42

tionally Assigned to Circuit Duty......

42

Sec. 49.

The Abolition of the Circuit Court..

Sec. 50.

Sec. 51.

Sec. 52.

Sec. 53.

The Circuits

Sec. 55.

Sec. 48. The Circuit Courts Under the Act of April 10,

1869.

Circuit Courts of Appeals....

No Judge May in the Circuit Court of Appeals
Hear an Appeal from Himself...

Jurisdiction of the Circuit Court of Appeals.

Sec. 54. The Fourth Circuit.

Federal Courts of Special Jurisdiction..

Commerce Court

CHAPTER III.

THE CRIMINAL JURISDICTION AND PROCEDURE OF THE

FEDERAL COURTS.

Sec. 59. Jurisdiction of the Several Courts of the United

The Exclusive Jurisdiction of Courts of the United

States. . .

Sec. 62. District Courts Have Exclusive Jurisdiction to

Enforce the Criminal, Penal and Quasi Penal

Legislation of the United States............

Sec. 63. Every Criminal Prosecution in the United States
Court Must Charge the Violation of a Specific
Federal Statute

Such Statute Must be Constitutional.
Congress Can Provide for the Punishment of One
Who Anywhere Interferes With the Exercise
of a Power Given to the Federal Government.
Sec. 66. How Far May Congress Go to Prevent Interfer-
ence With the Exercise of Federal Power?... 54
Sec. 67. Power of Congress to Punish Crimes Committed
in Particular Localities....

....

Sec. 68. Offenses Against Federal Laws Can be Punished
by the District Court Only.......

Sec. 70.

Sec. 69. Places Within the Jurisdiction of the Federal

Government Rapidly Increasing.....

Whether a Crime is Committed Within State or
Federal Jurisdiction is Sometimes a Difficult
Question of Fact...

Sec. 71. Whether a Crime is Committed Within the Ex-

clusive Jurisdiction of the United States is

Sometimes an Important Question......

Sec. 72. Congress Has Made Some State Criminal Laws

Applicable to Places Within Exclusive Fed-

Sec. 74.

Sec. 75.

eral Jurisdiction

.....

Sec. 73. Congress May Not Adopt in Advance Such Laws

as a State May Pass.....

When Congress Has Exclusive Jurisdiction..

When Offenses Against State Laws Are Not Of-

fenses Against Federal Laws, Although Com-

Imitted Within the Exclusive Jurisdiction of

the United States....

Offenses on the High Seas..

PAGE

Sec. 76.

Sec. 77.

Offenses Upon Navigable Waters..

Sec. 82.

Sec. 83.

Sec. 84.

Sec. 85.

Sec. 86.

Sec. 87.

Sec. 88.

When an Offense Begun in One District Has Been

Finished in Another.....

When Accused is Arrested in Another District...

Removal Proceedings After Indictment Found....

Removal Proceedings Before Indictment Found..

Removal Hearings Usually Held by United States

Commissioner . . .

Duty of District Judge in Removal Proceedings..

Proceedings May be First Taken in District in

Which Prisoner is Arrested......

Sec. 89. When Indictment Necessary Before Accused May

be Tried

Sec. 90.

All Offenses Against the United States Punish-

able by More Than One Year's Imprisonment

Are Both Infamous Crimes and Felonies.... 73

Sec. 91. When Accused May be Prosecuted Upon an In-

formation. .

Sec. 92.

Sec. 93.

Sec. 94.

.....

Either Indictment or Information Necessary Be-

fore Accused Can be Put Upon His Trial for

Anything Other Than a Petty Offense....

An Indicted Person Arrested in the District in

Which the Indictment Has Been Found, Can-

not Demand a Preliminary Hearing.

Persons Accused of Anything More Serious Than

Petty Offenses Cannot in Federal Courts

Waive Jury Trials..

........

Accused May be Tried at One Time for Several
Crimes or Offenses of the Same Class......