vent any more cases of this kind the eleventh amendment to the Constitution was adopted in 1798.

Amendment XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Supreme Court. There are nine judges in this court. Five must unite in a decision. The jurisdiction of this court is given in the Constitution as follows:

2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Circuit Court of Appeals. To relieve the supreme court of many petty cases appealed to it from lower United States courts, in 1891 Congress created this court to try them. Thus a case involving the patent laws may be appealed from a lower United States court to the circuit court of appeals instead of to the supreme court. This court consists of three judges, two of whom are a quorum. The judges may be supreme court justices, or circuit court judges, or, in absence of these, district court judges. Circuit courts of appeal are held in various parts of the United States, from Boston to San Francisco..

Circuit Courts. The United States is divided into nine circuits and each of the supreme court justices is supposed to exercise some supervision over a circuit. South Dakota is in the eighth circuit, which embraces Minnesota, Iowa, Missouri, Arkansas, Nebraska, Colorado, Kansas, Oklahoma, Utah, Wyoming, and New Mexico, besides both Dakotas. There are four circuit judges in this circuit.

The original jurisdiction of the United States circuit court is as follows:

a. Civil actions involving more than $2,000; e. g., in 1903 the state of South Dakota sued the state of North Carolina for the recovery of a debt amounting to about $29,000.

b. Cases involving patents, copyrights, etc.; e. g., if a person makes an ironing board like one that is patented he is liable to prosecution in this court unless he has permission to do so from the one who holds the patent.

c. Capital crimes; e. g., a murder on an Indian reservation.

NOTE. The judges of the circuit court are so busy acting as a circuit court of appeals that they do not usually have time to conduct circuit court trials. United States district judges, therefore, have to try their cases for them.

The United States circuit court has no appellate jurisdiction; that is, no cases may be appealed to it. Cases tried in the circuit court may be appealed to the circuit court of appeals or to the United States supreme court.

United States District Court. The United States is divided into districts and each district has a United States judge, United States attorney, United States marshal, and other officers of the court. South Dakota is one such district, the United States district court being held at Aberdeen, Pierre, Sioux Falls, and Deadwood. North Dakota is one district, Minnesota is divided into two districts, Iowa into two, Nebraska is one district, etc.

All federal cases not named as being tried in the United States circuit court may be tried in the district court, and owing to the lack of time of circuit judges, circuit court cases are usually tried before district judges also. The cases before the district court of South Dakota are usually those involving crimes committed on Indian reservations, and violations of the United States revenue laws, postal laws, bankruptcies, etc.

The district court, like the circuit court, has no appellate jurisdiction. A case may be appealed from the district court to the circuit court of appeals or to the supreme court of the United States.

All United States judges are appointed by the President for life.

Court Commissioners are appointed by the district judge at convenient places and have power to examine into accusations and decide whether a person who is accused of violating a United States law shall be held for trial by the United States district court.

Special Federal Courts. The court of claims consists of five judges and has power to try cases involving claims against the United States, not including pensions and a few other kinds. The court of commerce consists of five judges and tries cases involving interstate commerce. The courts of the District of Columbia and of territories are also special federal courts having jurisdiction within the District or territories.

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason.-1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corrupton of blood or forfeiture except during the life of the person attained.

In 1781 the following amendments to the constitution were adopted. All of the provisions apply to United. States courts but do not apply to state courts:

Amendment V. No person shall be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Amendment VI. In all criminal prosecutions the accused shall enjoy the rights to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reëxamined in any court of the United States than according to the rules of the common law.

Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

QUESTIONS.

UNITED STATES COURTS. In what are the judicial powers of the United States vested? For how long do the judges serve? JURISDICTION. Name the ten kinds of cases named in the constitution which may be tried in United States courts.

CHRISHOLM VS. GEORGIA. Give an account of this case. What amendment was adopted to prevent other individuals from suing states in United States courts?

SUPREME COURT. How many judges? What is the jurisdiction of this court?

CIRCUIT COURT OF APPEALS. How many judges in this court? What judges may act in this court? What kinds of cases are tried in this court?

CIRCUIT COURTS. How many circuits in the United States? In which circuit is South Dakota? What is the jurisdiction of this court? Can a case be appealed to a United States circuit court?

UNITED STATES DISTRICT COURT. What are the officers of this court? At what cities in South Dakota does this court hold sessions? What cases are usually tried in this court?

COURT COMMISSIONER. What power has this officer?

SPECIAL FEDERAL COURTS. What cases are tried in the court of commerce? What is said as to jury trials? As to the place of trial?

TREASON. Define treason. How may a person be convicted of treason? Name the provisions of articles five, six, seven, and eight of the Constitution of the United States.

CHAPTER XXII

FINAL PROVISIONS OF CONSTITUTION

Article IV. The States and the Federal Government.

Section 1. State Records.—Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. Privileges of Citizens, etc.-1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. [See Extradition in the Index.]

3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. [This clause has been canceled by the thirteenth amendment, which abolished slavery.]

Section 3. New States and Territories.-1. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States or of any particular state.

Section 4. Republican Form-Protection. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive (when the 'egislature cannot be convened) against domestic violence.