Horace Gray

“ The intention of congress in enacting that no judge before whom 'a cause or question may have been tried or heard' in a district or circuit court 'shall sit on the trial or hearing of such cause or question' in the circuit court of appeals, manifestly, was to require that court to be constituted of judges uncommitted and uninfluenced by having expressed or formed an opinion in the court of the first instance. ”

“ And as 'a cause,' in its usual and natural meaning, includes all questions that have arisen or may arise in it, there is strong reason for holding that a judge who has once heard the cause, either upon the law or upon the fac s, in the court of first instance, is thenceforth disqualified to take part, in the circuit court of appeals, at the hearing and decision of the cause, or of any question arising therein. ”

“ In the present case all the decrees and orders of Judge Pardee in the circuit court, as well as the decree of Judge Swayne, from which the appeal in question was taken, were made in, and entitled of, the original cause of the bill in equity to foreclose the mortgage of the Texas Central Railway Company. ”