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the new questions of the period, took the broadest Constitutional views. In 1870 the Court was reorganized by the resignation of one justice and the increase of its membership by two appointments, made, it was always believed, to bring about the reversals of the Legal Tender Act as unconstitutional. In this period the Constitutionality of the Thirteenth, Fourteenth and Fifteenth amendments was among the most important questions before the Court. In 1876 the employment of two justices on the Electoral Commission to decide the HayesTilden Presidential dispute came nearer to weakening the public confidence in the Court than anything else in its history. One particular element of strength of the Court in popular estimation has been the refusal of its members to be drawn into extrajudicial controversies or service.

In the last decade of the Nineteenth century the Supreme Court entered upon what may justly be regarded as the fifth term of its career. MeanMeanwhile, in 1874, Chief Justice Chase had been succeeded by Morrison R. Waite, and he, in turn, by Melville W. Fuller in 1888, but neither of these changes materially affected the character of the Court. The issues of the Civil War had been mostly settled, and, with the great industrial expansion of the country then just beginning, new problems arose. The socalled trust problem was assuming vast proportions. In 1887 Congress passed an act for the regulation of

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interstate commerce the first time the Legislative body had assumed the right to regulate National industry in virtue of its interstate character. In 1890 Congress passed the Federal anti-trust enactment, known as the Sherman Law. From that time legislation of this character was abundant. The corporation movement in industry grew with almost incredible rapidity and soon involved the whole country.

Congressional legislation followed with almost equal rapidity and State legislation, especially in the West, surpassed that of Congress in volume and drastic character. Congressional legislation, aiming to restrain monopoly and to control the growing power of corporations, was based upon that clause of the Constitution which declares that "the Congress shall have power to regulate commerce with foreign nations and among the several States.' State legislation found its justification in the maxim concerning the exercise of authority for the common good. The resulting litigation opened new Constitutional questions undreamed of by Marshall, Taney and their associates.

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The recent tendency of the decisions of the Federal inferior courts and of the Supreme Court has been toward a broader and freer interpretation of the Constitution than ever before. Congress and the State legislatures in the years 1890-1910 laid claim to powers in this direction that were unthought of a third of a century before, and the Supreme Court sus

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Photo copyright by Clinedinst, Washington, D. C.

THE SUPREME COURT.. FROM LEFT TO RIGHT: JUSTICES HUGHES, PITNEY, MCKENNA, VAN DEVANTER, WHITE (CHIEF JUSTICE), LAMAR, HOLMES, LURTON, DAY.

is absolute in authority. From its mandates there is no appeal. Its decree is law. In dig

tained their validity. Taken as a whole, the decisions of this period nity and moral influence it outranks all other

constitute a body of law unique as regards the questions raised, and of farreaching importance as establishing the Constitutional power of the Government in directions and for purposes scarcely imagined before. History will not fail to regard this as a period in the life of the Federal judiciary not less interesting and important than any that had preceded it. With the accession of Edward D. White to the Chief-Justiceship in 1910 and the change in the personnel of nearly one-half the Court in that and the preceding year, the Court in effect entered upon a new career, in which the indications were that its wisdom would be called into exercise more than ever before upon questions relating to the commercial and industrial interests of the people.

In its later, no less than in its earlier, career the Supreme Court has proved one of the most efficient and most admirable arms of the Government. One of its warmest admirers

has written of it in terms profoundly just, though unduly enthusiastic:

"The establishment of the Supreme Court of the United States was the crowning marvel of the wonders wrought by the statesmanship of America. In truth the creation of the Supreme Court with its appellate powers was the greatest conception of the Constitution. It embodied the loftiest ideas of moral and legal power, and although its prototype existed in the superior courts of the various States, yet the majestic proportions to which the structure was carried became sublime. No product of government either here or elsewhere has ever approached it in grandeur. Within its appropriate sphere it

judicial tribunals of the world. No court of either ancient or modern times was ever invested with such high prerogatives. Secure in the tenure of the judges from the influences of politics and the violence of prejudice and passion, it presents an example of judicial independence unattainable in any of the States and far beyond that of the highest court in England. No institution of purely human contrivance presents many features calculated to inspire both veneration and

awe.

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From its institution in 1790 to 1912 the Supreme Court had only nine Chief Justices, all but two of whom (John Jay and Oliver Ellsworth) died in office. Prior to the incumbency of Chief Justice White (appointed in 1910) the average term of service was little more than 14 years. Prior to 1912 there had been 59 Associate Justices, whose average term of service was about 17 years. Those longest on the bench were Chief Justice Marshall, Justice Joseph Story, Justice Stephen J. Field, and Justice John M. Harlan, each serving 34 years.

While the Supreme Court was created by the Constitution, the creation of the inferior courts was left to Congress. There was even more difference over these courts by the framers of the Constitution than there was respecting the higher court. There was a strong demand for leaving to the State courts jurisdiction in first instance over Federal cases as well as those pertaining to the State.

Hampton L. Carson, The Supreme Court of the United States: Its History, pp. 6-8.

It was feared by many that the inferior Federal courts would in time destroy the power of the State judiciaries. Eventually Congress came to exercise its power of creating these

courts and none of the disastrous consequences which had been predicted were ever experienced.

Circuit courts were established and their number was gradually increased as the country grew, until at the opening of the Twentieth century they were nine in number, the jurisdiction of each circuit covering several States. The circuit courts are inferior in power only to the Supreme Court. They have jurisdiction in all cases where the United States is party to the litigation, and exclusive jurisdiction in capital cases against the Federal Government. There are 29 circuit judges, no circuit having less than two. By act of 1891 a Supreme Court Justice and the judges of a circuit were designated a court of appeals for that circuit. Other inferior Federal courts were established. The most important and the oldest of these are the district courts, inferior to the circuit courts. Before them is brought admiralty and bankruptcy business and they have jurisdiction of all crimes, not capital, of which the United States takes cognizance. In each State there is one district court and in several of the larger States there are two or more.

A

court of claims, consisting of one chief justice and four associate judges to hear and determine claims against the United States, was established and organized in 1855. By act of Congress in 1891 a court of private land claims was established to determine land claims and grants under the United States law. This court expired in 1903. There have also been other special courts of limited duration, such as the court on the Spanish War claims. The judiciary system of the District of Columbia is Federal, constituted by Congress and consisting of a Supreme Court with powers corresponding to those of the United States. District Courts. By act of Congress, June 18, 1910, a commerce court of five judges was created to have the same jurisdiction possessed by circuit courts over cases for the enforcement

of orders of the Interstate Commerce Commission other than for the payment of money; over disputes arising from the action of the Interstate Commerce Commission; etc.*

* Thomas M. Cooley, General Principles of Constitutional Law in the United States of America (Boston, 1880); A. P. C. Griffin, List of References on Federal Control of Commerce and Corporations (Library of Congress, Washington, 1903); W. H. Barnes, The United States Supreme Court (Washington, 1877); H. W. Scott, Distinguished American Lawyers (New York, 1891); J. W. Schuckers, Life and Public Services of Salmon P. Chase (New York, 1874); Albert B. Hart, Salmon P. Chase (American Statesmen series, Boston, 1892).

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