state or the citizens thereof and foreign states, citizens or subjects.

§ 535. Exclusive jurisdiction of federal courts.— The jurisdiction vested in the federal courts is exclusive of the courts of the several states, in the following matters:

(1) All crimes and offenses cognizable under the authority of the United States.

(2) All suits for penalties and forfeitures incurred under the laws of the United States.

(3) All civil causes of admiralty and maritime jurisdiction; saving to suitors in all cases the right of a common law remedy where the common law is competent to give it.

(4) All seizures under the laws of the United States on land or on waters not within admiralty and maritime jurisdiction.

(5) All cases arising under the patent-right or copyright laws of the United States.

(6) All matters and proceedings in bankruptcy. (7) All controversies of a civil nature, where a state is a party, except between a state and its citizens, or between a state and citizens of other states, or aliens.

§ 536. Concurrent jurisdiction of federal and state courts. Except where the federal courts have exclusive jurisdiction, their jurisdiction is concurrent with that of the state courts. The two systems are of equal dignity, and where jurisdiction is concurrent the court which first acquires the jurisdiction. over the parties or subject-matter is entitled to retain it free from interference.

§ 537. Jurisdiction of the supreme court of the

United States. In some cases the supreme court has original jurisdiction, that is to say the suit may be begun in the supreme court. This may be done in all cases affecting ambassadors, other public ministers and consuls, and all cases in which a state is a party. In exercising this original jurisdiction, the supreme court causes issues of fact in common law cases to be determined by a jury.

The more important part of the jurisdiction of the supreme court is its appellate jurisdiction. Before the act of March 3, 1891, organizing the circuit courts of appeals, the appellate jurisdiction of the supreme court was extensive. By that act its jurisdiction was greatly changed, being enlarged in some respects, and in others curtailed. Its appellate jurisdiction at present exists in cases coming to it in the following ways:

(1) Directly from the circuit and district courts. Appeals or writs of error may be taken from these courts directly to the supreme court, in cases where the jurisdiction of the court is in issue; in prize cases; in cases of conviction of infamous crimes; in cases involving the construction or application of the federal constitution, or the constitutionality of any federal law or the validity or construction of treaties.

(2) From the circuit courts of appeals. An appeal or writ of error is allowed from the circuit courts of appeals to the supreme court in all cases, where the matter in controversy exceeds $1,000; except cases in which jurisdiction depends entirely upon citizenship of the parties, cases arising under patent, revenue, and criminal laws and cases in ad

miralty. As to the excepted cases the decisions of the circuit court of appeals are final, unless that court certifies the case or any questions therein to the supreme court for its decision. Where ques

tions of importance are involved, the supreme court may of its own motion require any case to be certified to it by the circuit court of appeals.

Final

(3) From the highest court of a state. judgments of the highest courts of the states may be reviewed in the supreme court of the United States upon writ of error, when such judgment is adverse to a claim or defense based upon the constitution or laws of the United States. If the decision of the state court is in favor of the claim made, the supreme court of the United States has no jurisdiction to review it.

(4) From the courts of the District of Columbia or the territories. The judgments of the supreme court of the District of Columbia may be reviewed by the supreme court of the United States, where the matter in dispute is over $2,500 in value, and in some cases under that amount, if the federal court deem the question to be one of importance.

The judgments of the supreme courts of the territories may be reviewed by the supreme court of the United States where the federal constitution, statutes or treaties are brought in question; where the validity of any patent or copyright is in question, or where the matter in dispute exceeds $5,000 in value and would have been appealable if the judgment had been by a circuit court of the United States.

(5) From the court of private land claims and the court of claims. Appeals are allowed from the court

of private land claims to the supreme court of the United States, which retries the whole case and may take additional evidence.

Appeals are allowed from the court of claims to the supreme court of the United States upon all judgments. There is a jurisdictional limit of $3,000 in some cases.

§ 538. Jurisdiction of the circuit courts of appeals. The circuit courts of appeals were established by the act of March 3, 1891, there being created one court for each of the nine circuits. Each court is composed of three judges, who may be the justice of the supreme court assigned to that circuit, the circuit judges or the district judges within the circuit.

The circuit court of appeals has only appellate jurisdiction, and this only of cases coming from the circuit and district courts within the circuit, and of cases coming from territorial courts that may be assigned to the circuit. The entire appellate jurisdiction is divided between the supreme court and the circuit court of appeals, and the jurisdiction of the latter embraces all the appealable cases except those cognizable by the supreme court directly. There is no jurisdictional limit on account of the amount involved. The cases in which the judgment of the circuit court of appeals is final has been shown above.

§ 539. Jurisdiction of the circuit courts.-Formerly the circuit courts had both original and appellate jurisdiction. The latter was, however, wholly taken away by the circuit court of appeals act. The original jurisdiction, as given by the various statutes of the United States, is as follows:

The circuit courts of the United States have origi

nal cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the value of $2,000, and arising under the constitution or laws of the United States, or treaties made, or which shall be made under their authority, or in which controversy the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different states, in which the matter in dispute exceeds, exclusive of interest and costs, the value of $2,000, or a controversy between citizens of the same state claiming lands under grants of different states, or in a controversy between citizens of a state and foreign states, citizens, or subjects, in which the matter in dispute exceeds $2,000 in value. They have jurisdiction exclusive of the state courts, of crimes and offenses cognizable under the authority of the United States. As to many criminal cases the jurisdiction is concurrent with the district courts.

The right to sue in the United States court is by various provisions limited to the place of residence of the plaintiff or defendant, and by certain provisions relative to the assignment of claims.

Under various statutes the circuit court has jurisdiction of equitable suits to prevent violations of the law as to trusts, actions civil and criminal under the contract labor act, actions under the interstate commerce law, proceedings to condemn land for national uses, and proceedings to prevent the unlawful occupancy of public lands. Irrespective of the amount involved, the circuit courts have jurisdiction of suits under the patent, copyright and revenue laws.