David Josiah Brewer

“ So far as the mere transfer of the place of trial from one division to another, it would seem, in the absence of express prohibition, to be within the competency of the court having full jurisdiction over the entire district, and certainly presents no ground of error when it is not at the time challenged, and the trial proceeds without objection. ”

“ This is followed by the general declaration that the courts so sitting in Butte, the place at the Southern division in which they are to be held, 'shall have and exercise the same jurisdiction and authority in all civil actions, pleas, or proceedings, and in all prosecutions, informations, indictments, or other criminal or penal proceedings conferred by the general laws upon the circuit and district courts of the United States.' If the section stopped here there would be no question. The mere creation of a division does not disturb the general jurisdiction over the district. ”

“ Too much stress should not be placed on the word 'properly.' The creation of divisions, and the multiplication of places of trial, are for the convenience of litigants, bringing the trial nearer to them and their witnesses. ”