Courts in America.

which may be useful. The United States (Federal) Courts are numerous. The Supreme Court consists of a Chief Justice and eight associate judges, six of whom form a quorum. The Court has exclusive jurisdiction over all cases relating to treaties, maritime and admiralty cases; controversies between States or the citizens of different States; questions affecting the rights of ambassadors, &c. It has also an extensive appellate jurisdiction. The States have been divided into something like 56 districts, sub-divided into nine circuits, in which Federal Circuits Courts are held. These Courts dispose of cases which the State Courts are incompetent to entertain; for example, in actions in which the United States are plaintiffs, and in proceeding!; under the Revenue Laws. There are also Courts of Claims, to which I need not particularly allude, and Territorial Courts. In the territory of Utah there are three judges who collectively constitute the Supreme Court, which is an Appellate Court Each of the judges, when sitting separately, acts as a district judge, and as such has original jurisdiction in nearly all matters, and when the amount involved is over 1,000 dollars an appeal lies from the local Supreme Court to the United States Supreme Court. Each State has its own Supreme and Inferior Courts. There is a general similarity between the respective Courts of many of the States, and probably by describing briefly the judicial system in one State an idea may be gained of that in force in several of the other States. From the judgment of the Supreme Court of a State there is no appeal Its decisions are final, and are not amenable even to the highest Federal Court. Indeed, the State and Federal Courts are as independent of each other as are courts of different nations; nor has the President of the United States power to pardon or grant a reprieve to a person found guilty and sentenced by a State Court. The judges in most of these States, except those in the six New England States, are, I believe, elected by the people. This has always appeared to me to be a serious blot; yet I never met with an American who did not support this right. They reason the matter some page 8 what after this method : All public servants should be appointed by the people. Judges are public servants, ergo they should be elected by the people. In California the courts are the Supreme Court, District Courts, County Courts, Probate Courts, and Justices' Courts. The jurisdiction of the Supreme Court is chiefly of an appellate nature, but it has original jurisdiction in dealing with writs of Habeas Corpus, Certiorari, and Mandamus. There are five judges, and the one who has the shortest term of office to run presides as chairman. The business brought before the Court is very great, and is expeditiously disposed of. The judges constitute a strong Bench, and their decisions are highly respected as evincing ability and impartiality. Sacramento being the capital of California is nominally the head-quarters of the Court, but it frequently sits in San Francisco for the convenience of the profession. The latter city, from its commercial importance, is likely, ultimately, to be the principal seat of the Court. When in San Francisco the Supreme Court was sitting there, and I had therefore an opportunity of paying it a visit. All the judges were on the Bench, and there were about one hundred lawyers present. Neither judges nor counsel wore wigs, bands, nor gowns. Chief Justice Wallace was chairman, and on either side were the Associate Judges—namely, Judges Crockett, Niles, Rhodes, and McKinstry. The case before them was an application for a new trial. The counsel addressing the Court was a good speaker, and delivered a very able address, in which he pointed out the origin of the difference between an application to a Court of Equity and that to a Court of Law for a new trial. The judges interposed occasionally with such questions as, "Would your arguments apply if, &c.," and "Do you contend that, &c." None of them manifested any desire to anticipate the arguments of counsel, nor did any of them interrupt counsel unnecessarily. There is a weekly publication of the reports of the Court issued every Tuesday called the "Pacific Law Reporter." There are now something like 50 volumes of standard Californian reports.

The Law Library in San Francisco is very large, containing probably about fifteen times as many law books as page 9 there are in the Dunedin Law Library. So also in New York there is a very large Law Library, equal, if not superior, to that in the west. When in New York I met the librarian, and also his assistant. I furnished particulars regarding our reports and statutes, and should any of you visit that city a year or so hence you will most likely find in the Law Library the reports and statutes of these colonies.

The District Courts have no appellate jurisdiction, but they have an extensive original jurisdiction in all causes where the sum involved amounts to three hundred dollars and upwards. The Court can decide disputes relating to the title or possession of real property, and dispose of all equity business. A jury may be dispensed with by the consent of both parties. This is probably preferable to the opposite course of trying an action without a jury, unless the plaintiff or defendant demands one. These Courts are held at various places throughout the State. The County Courts hear appeals from Justices' Courts, and have jurisdiction in insolvency and other business not coming expressly within the jurisdiction of the other State Courts. The Probate Courts have jurisdiction in regard to wills, and the administration generally of the estates of deceased persons. And the Justices' Courts have jurisdiction in cases where the amount in dispute is under three hundred dollars.

I have given a brief description of the judicial system in force in California for several reasons. It is a comparatively young and yet a very important state, and its legislators have been able to profit by the experience of the legislators of older states. Moreover, its code of civil procedure is probably more complete and instructive than that of any of the other states. In Michigan there is a Supreme Court which has original jurisdiction to issue Remedial Writs, such as writs of Mandamus, Prohibition, &c. In other respects it is an Appellate Court exclusively. There are Circuit Courts which have, with certain special exceptions, jurisdiction in all actions and proceedings, and there are also Probate and Justices' Courts.

Nearly all the States have a