David Josiah Brewer

“ The contentions of counsel for plaintiff in error are that the power of a circuit judge or justice to call one district judge from his own into another district does not extend to cases in which there is a vacancy in the office of judge of the latter district; that the order of the circuit judge designating and appointing Judge Seymour to hold the February term was void ”

“ There is no constitutional provision restricting the authority of a district judge to any particular territorial limits. District courts are solely the caeation of statute, and the place in which a judge thereof may exercise jurisdiction is subject absolutely to the control of congress. ”

“ This gives full power to the circuit judge to act, without reference to any certificate from the clerk, whenever in his judgment the public interests require. It is contended that the words 'in the place or in aid of' limit the power of designation and appointment to those cases in which there is an existing district judge. ”