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Updated: June 12, 2025
The credit for relieving northwestern Alaska of this judicial-receiver curse belongs to three equally essential factors: first, Charles D. Lane, president of the Wild Goose Company, who had the courage to fight the "ring" to a finish without compromise; second, Samuel Knight, of the San Francisco bar, through whose ability and aggressiveness the matter was properly and clearly brought before the appellate court; third, the Circuit Court of Appeals for the Ninth Circuit, which promptly and fearlessly redressed, so far as lay within its power, the wrongs that had been perpetrated among an outraged people.
Bills negatived by the governor become laws when passed by two-thirds of both houses; bills not returned within five days become laws. Two-thirds of each house constitutes a quorum. Judiciary. A supreme court, district courts, and such inferior courts as the legislature may establish. The supreme court consists of a chief-justice and two associates, and has appellate jurisdiction chiefly.
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.
In order to secure uniformity of decision in matters so directly affecting our foreign relations, the Continental Congress claimed the right to exercise appellate functions, through a standing committee of its members, and in 1780 organized a formal court for the purpose, styled "The Court of Appeals in Cases of Capture." Three judges were appointed and provided with a register and seal.
As to the difficulties suggested in the memorial, respecting the different Particular Synods to which the brethren belong, and the delays of carrying out a system of appellate jurisdiction covering America and China, it is enough to say: "1.
A statute is what it is judicially interpreted to be; and if it be construed one way in New Hampshire, and another way in Georgia, there is no uniform law. One supreme court, with appellate and final jurisdiction, is the natural and only adequate means, in any government, to secure this uniformity.
In the first it must be observed, that, according to the new Constitution, the higher parts of judicature, in either of its lines, are not in the king. The king of France is not the fountain of justice. The judges, neither the original nor the appellate, are of his nomination. He neither proposes the candidates nor has a negative on the choice. He is not even the public prosecutor.
Upon the refusal of the court to allow an appeal, the Wild Goose and Pioneer Mining companies, which were represented by able counsel, secretly despatched to San Francisco, on a fast vessel, a special messenger bearing papers and affidavits disclosing the record of the court at Nome, upon which to base application to the appellate court, the United States Circuit Court of Appeals for the Ninth Circuit, for allowance of appeals and writs of supersedeas.
A statute is what it is judicially interpreted to be; and if it be construed one way in New Hampshire, and another way in Georgia, there is no uniform law. One supreme court, with appellate and final jurisdiction, is the natural and only adequate means, in any government, to secure this uniformity.
There is also a certain natural bias, insensible perhaps to themselves, which tends to make appellate courts stand by one of their members whose rulings while holding a trial court are brought in question. For these reasons it has now become common for the States to confine their appellate judges exclusively to appellate work.
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