Supreme Court of the District of Columbia.
96. The supreme court of the district of Columbia was established by act of congress, approved March 3, 1863. The same act abo lished the former circuit court, district court, and criminal court of the district. su preme court consists of four justices (one.of whom is designated the chief justice), ap pointed by the president of the United States, and who hold their offices during good be havior. It has general jurisdiction in law and equity, and the judges possess and ex ercise the same powers and jurisdiction for merly possessed and exercised by the judges of the circuit court of the district. Any one of the judges may hold a district court, with the same powers, etc. as other district courts of the United States ; and any one of the judges may bold a criminal court for the trial of crimes and offences committed within the district, with the same powers, etc. as the old criminal court. Any final judgment, order, or decree of the c( urt may be re examined and reversed or affirmed in the su preme court of the United States, on writ of error or appeal. The supreme court of the district has appellate jurisdiction of all judg ments of justices $f the peace, and has power to remove said justices of the peace for cause, Three general terms of the court are held annually at Washington.
Court of Claims.
97. This court as originally created by statute of February 24, 1855, 10 Stat. at Large, 12, consisted of three judges, ap pointed by the president with the advice and consent of the senate, to hold their offices during good behavior, and have jurisdiction to hear and determine all claims founded upon any law of congress, or regulation of an executive department, or upon any con tract, express or implied, with the govern ment of the United States, and of all claims which might be referred to it by either house of congress. The Milted States were repre sented before it by a solicitor and assist ant solicitor, appointed for, the government by the same authority that appointed the judges, the solicitor being authorized to appoint a deputy,—the compensation of each of whom, as well as that of the judges, being fixed by the statute. The court had no power to render a judgment which it could execute, but reported to congress the cases upon which it had finally acted, the material facts it found established by the evidence, with its opinion in the case, and reasons therefor, or what was equivalent to an opinion in the nature of a judgment as to the rights of the parties upon the facts proved or ad mitted in the case. Bright. Dig. 198-200. But by an amendatory act of March 3, 1863, it is enacted that two additional judges shall I be appointed by the president with the con sent of the senate ; and from the whole num ber of judges (five) a chief justice shall be appointed. In addition to the jurisdiction
previously conferred upon the court, it is now authorized to take jurisdiction of all set-offs, counter-claims, claims for damages, liquidated or unliquidated, or other demands whatsoever on the part of the government against any person making claim against the government In said court. If the judgment of the court shall be in favor of the government, it shall be filed in the office of the clerk of the proper district or circuit court of the United States, and shall ipso facto become and be a judg ment of such district or circuit court, and shall be enforced in like manner as other judgments are. If the judgment shall be in favor of the claimant, the sum thereby found due to the claimant shall be paid out of any general appropriation made by law for the payment of private claims, on presents, tion to the secretary of the treasury of a duly certified copy of said judgment. In cases wbe?e the amount in controversy exceeds three thousand dollars, an appeal may be taken to the supreme court of the United States at any time within ninety days after judgment. Where the judgment or decree may affect a constitutional question, or fur nish a precedent affecting a class of cases, the United States may take an appeal without re4ard to the amount in controversy. Claims must be filed within six years after the claim accrues, except in cases of disability. 'The court is required to hold one session annu ally, commencing on the first Monday in Oc tober. Members of congress are prohibited from practising in the court. At the instance of the solicitor of the United States, any claimant may be required to testify on oath. The solicitor, assistant solicitor, and deputy solicitor are appointed by the president of the United States with the consent of the senate. The jurisdiction of the court is not to extend to any claim growing out of any treaty with foreign nations or Indian tribes, unless such claim was pending in said court on the first day of December, 1862. And by sect. I of the act of July 4, 1864, it is enacted that the jurisdiction of the court shall not extend to any claim against the United States for the destruction, appropriation, or damage of any property by the army or navy engaged in the suppression of the rebellion, from the com mencement to the close thereof.
Proceedings in the court of claims originate by petition filed; and testimony used in the hearing and determination of claims is taken by commissioners who are appointed by tho court for the purpose.