gether, and with the admirable symmetry of our govern

ment.

"The tenure of their office enables them to pronounce the sound and correct opinions they may have formed, without fear, favor, or partiality.

"The judiciary are the weakest of the three departments of government, and least dangerous to the political rights of the Constitution; they hold neither the purse nor the sword, and even to enforce their own judgments and decrees, must ultimately depend upon the executive arm."

Under the Articles of Confederation there had been no Supreme Court. The sore need of one was a lesson the Fathers of the Constitution had learned. And so they created a Federal court system as one branch of our government. This branch has long since come to its true position as an equal and coördinate part of our governmental system. Indeed, some critics now fear it is too strong.

Federal Judges.-The courts of the regular Federal judiciary are of four classes; but the judges who sit in these courts are divided into only three classes: (1) Supreme Court Justices, who receive a salary of $12,500 ($13,000 for the Chief Justice); (2) Circuit Judges, who receive $7,000; and (3) District Judges, who receive $6,000. Compared with the incomes of practicing lawyers of equal ability, the salaries of these judges-especially the Supreme Court Justices are absurdly low. All Federal judges are appointed by the President, with the consent of the Senate. The tenure of office of all Federal judges is the same, namely, for life. They can be removed by impeachment in case of misconduct. But of the 450 and more Federal judges since.

1789, only two have been thus removed, and they were accused of technical misconduct, not of corruption.

The four classes of Federal courts are: (1) The Supreme Court, (2) Circuit Courts of Appeals, (3) Circuit Courts, (4) District Courts.

1. Supreme Court. The Supreme Court was created by the Constitution itself, and hence cannot be abolished

by Congress. It consists at present of nine Supreme Court Justices; one is known as the Chief Justice, and the other eight are called Associate Justices. The Supreme Court holds its annual sittings in Washington, beginning in October and lasting till May or July. The sitting ending in May, 1910, is spoken of as the October term for 1909. About 350

cases are disposed of a year, nearly all of them cases brought to this court on appeal from the lower courts.

2. Circuit Courts of Appeals. All the "inferior" Federal courts were created by Congress, as the Constitution stipulates. There are nine Circuit Courts of Appeals, corresponding in number to the justices of the Supreme Court, one of whom is assigned to each circuit. Each of these courts is made up of three Circuit Judges, or of two Circuit Judges and the Supreme Court Justice of the circuit. These courts were created by act of Congress in 1891, when it was found that the Supreme Court was four years behind with the cases awaiting trial, and was steadily getting farther behind. Many cases therefore are finally ended in the Circuit Courts of Appeals, leaving no chance to appeal to the Supreme Court. However, if a case clearly involves the Federal Constitution or laws, it may still be appealed to the Supreme Court.

3. Circuit Courts. The next lower courts are the Circuit Courts, each of which may be held by a Circuit Judge or a District Judge, or by the two together. They have original jurisdiction of certain important kinds of cases under Federal law; but much of the work of these courts consists in hearing cases removed from the State courts in suits where both courts had jurisdiction, i. e., in cases of concurrent jurisdiction.

4. District Courts.-Each State either constitutes one judicial district, or is divided into two or three or four districts. A District Court is held in each district by a District Judge. Usually there is one District Judge for each district, but some districts have two judges, each holding court by

himself. There are now about ninety District Courts in the United States. They have original jurisdiction of most cases under Federal law that do not belong to the circuit courts. Bankruptcy cases and trials involving offenses on Indian reservations such as selling liquor to the Indians— are examples of cases commonly tried in the District Courts. Court of Claims.-There is a special inferior court, known as the Court of Claims, consisting of five judges. It was created to settle private claims against the United States, for an individual could not sue the government in ordinary courts. Claims found valid by this court are paid by Congress through appropriations made for that purpose.

Jurisdiction of Federal Courts.-The Federal Constitution defines the jurisdiction of the Federal courts. Cases coming outside of this jurisdiction are left to the State courts. Most cases begin and end in the State courts, for there is no appeal to a Federal court unless there is a Federal question at stake—that is, unless some law or treaty or the Constitution of the United States is called in question. Unfortunately, the sweeping prohibitions of the Fourteenth Amendment are doing much to break down the distinction between State and Federal questions. These prohibitions are, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

The jurisdiction of the Federal courts extends to the following cases:

1. Cases affecting ambassadors, other public ministers,

and consuls.

2. Cases of admiralty and maritime affairs.

3. Controversies in which the United States is involved. 4. Controversies between States.

5. "All cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority."

As originally adopted, the Constitution permitted an individual to bring suit in a Federal court against a State other than the one in which he was living. An attempt was accordingly made in 1794 by one Mr. Chisholm, to drag Georgia before the Supreme Court. This was so highly displeasing to the States that in 1798 the Eleventh Amendment was passed, declaring that Federal jurisdiction does not extend to suits "commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." Acting on this principle some States have refused to pay debts they were owing to citizens of other States.

Equity. The Constitution provides for both law and equity cases. Law offers a remedy only after an offense has been committed, after the damage has been done. But if an irreparable damage is about to be done, and can be prevented, equity offers the proper prevention. Law offers a cure, according to the rigid provisions of the statutes: equity not only offers in many cases a better remedy according to general principles of justice, but often it can furnish prevention. To illustrate. A band of desperate men