Government in the United States, National, State and Local

96

In two classes of these cases, namely, those in which ambassadors, other public ministers, and consuls are parties and those in which a state is a party, the Supreme Court has original jurisdiction, that is, the right to hear and determine the case in the first instance. But that does not mean that the Supreme Court has exclusive jurisdiction in such cases. Other federal courts may try such cases, and as a matter of fact few original suits have ever been brought in the Supreme Court. In the other classes of cases mentioned, the Supreme Court has appellate jurisdiction (with such exceptions as Congress may make), that is, such cases must be commenced in the lower courts, from which they may be taken on appeal to the Supreme Court.

97

The justices of the Supreme Court wear black silk gowns when holding court. The Chief Justice sits in the middle of a row of chairs, his associates being arranged on his right and left in the order of seniority of service.

98

The first circuit embraces Maine, Massachusetts, New Hampshire, and Rhode Island; the second, Connecticut, New York, and Vermont; the third, Delaware, New Jersey, and Pennsylvania; the fourth, Maryland, North Carolina, South Carolina, Virginia, and West Virginia; the fifth, Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas; the sixth Kentucky, Michigan, Ohio, and Tennessee; the seventh, Illinois, Indiana, and Wisconsin; the eighth, Arkansas, Colorado, Oklahoma, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, South Dakota, Utah, and Wyoming; the ninth, Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, and Hawaii.

99

Such suits may also be brought in the state courts but may at the option of the defendant be transferred to a federal court for trial. Many lawyers prefer to bring their suits in the state courts even when they have the privilege of suing in the federal courts, because of their greater familiarity with the procedure of these courts.

100

For a description of the comparative merits of the various methods of selecting judges, see pp. 113-114.

101

For a list of federal judges who have been impeached see p. 194.

102

Baldwin, "The American Judiciary," p. 106.

103

In most of the countries of continental Europe there is a special class of tribunals called "administrative courts" to decide controversies between private individuals and the public authorities. There are no such courts in the United States, although the customs court, the court of claims, and the interstate commerce commission bear some resemblance to an administrative court. Many "administrative" questions are decided by such officials as the secretary of the treasury, the commissioner of immigration, and the commissioner of patents.

104

The purpose and meaning of these guarantees are discussed in chapter vi, pp. 118-119.

105

The Hawaiian Islands were annexed to the United States in July, 1898, by a joint resolution of Congress after a treaty of annexation had been rejected by the senate. The senate of Hawaii is composed of fifteen members, the house of thirty; ability to speak, read, and write the English or Hawaiian language is required of voters; the governor may veto special items in appropriation bills; and in case the legislature fails to pass appropriation bills to pay the necessary expenses for carrying on the government and meeting its obligations, the treasurer may, with the approval of the governor, make such payments, for which purpose the sums appropriated in the last appropriation bills shall be deemed to have been reappropriated; the purpose being to prevent the legislature from causing deadlocks.

106

For Porto Rico and the Philippines, see pages 374-379.

107

Other insular possessions of the United States are Wake Island, Midway or Brooks Island, Howland and Baker Islands, all in the Pacific Ocean. They are practically uninhabited and no provision for their government has been found necessary.

108

This is also true of the other territories and dependencies. The organized territories, however, have been allowed to send delegates to the national conventions for the nomination of the President and Vice President.

109

The census of New York of 1910 showed that of a total population of 9,000,000 inhabitants there were more than 2,000,000 aliens.

110

For some purposes, the residences of foreign diplomatic representatives are considered as if belonging to the foreign country represented. Thus a child of the French ambassador, if born in the ambassador's residence at Washington, is born a citizen of France; likewise a child of the United States ambassador at Paris, if born at his residence in France, is nevertheless a natural-born citizen of the United States.

111

The United States government has uniformly refused to admit its liability in such cases, but it has in practice generally allowed an indemnity. This was done, for example, in the case of the Anti-Spanish riots in New Orleans and Key West in 1851; in the case of the Anti-Chinese riots at Rock Springs, Wyoming, in 1885; and in the case of the Italian lynchings at New Orleans in 1891.

112

In 1915 the Federal Courts held unconstitutional a law of Arizona which forbade the employment of more than 20 per cent of aliens in any work.

113

Only ten States took action upon the Articles at this time. New Jersey, Delaware, and Maryland did not ratify them until later.

114

This reprint of the Constitution exactly follows the text of that in the Department of State at Washington, save in the spelling of a few words.

115

The last half of this sentence was superseded by the 13th and 14th Amendments.

116

This paragraph was superseded by the 17th Amendment.

117

The last half of this sentence was superseded by the 17th Amendment.

118

The District of Columbia, which comes under these regulations, had not then been erected.

119

A temporary clause, no longer in force. See also Article V.

120

See also the 10th, 13th, 14th, and 15th Amendments.

121

This paragraph superseded by the 12th Amendment

122

See the 11th Amendment.

123

See the 13th Amendment.

124

The first ten Amendments were adopted in 1791.

125

Adopted in 1798.

126

Adopted in 1804.

127

Adopted in 1865.

128

Adopted in 1868.

129

Adopted in 1870.

130

Adopted in 1913.

131

Adopted in 1913.

132

Adopted in 1919.

133

Adopted in 1920.