District judge

“ The judicial power of the State as to matters of law and equity, except as in the Constitution otherwise provided, is vested in a supreme court, district courts, county courts, justices of the peace, and such other courts as may be provided by law. There are three supreme court judges, elected for nine years; the district judges—one or more for each judicial district—elected for six years; and a judge for every county, elected every three years. A district attorney is elected triennially in every judicial district. ”

“ From the decrees of the District Court an appeal lies directly to the Supreme Court. The language of the act is, 'that the District Court . . . shall, on application of the party against whom judgment is rendered, grant an appeal to the Supreme Court of the United States.'
The act of July 1st, 1864, authorizes a transfer from the District Court to the Circuit Court of cases of this kind, where the district judge is interested in the land, the claim to which is pending before him, and also where the case affects the title to lands within the corporate limits of any city or town ”

“ While it is appropriate that a single District Judge to whom application is made for an interlocutory injunction restraining the enforcement of a state statute should carefully scrutinize the bill of complaint to ascertain whether a substantial question is presented, to the end that the complainant should not be denied opportunity to be heard in the prescribed manner upon a question that is fairly open to debate, the District Judge clearly has authority to dismiss for the want of jurisdiction when the question lacks the necessary substance and no other ground of jurisdiction appears . ”

“ It created eleven judicial districts and defined the jurisdiction and powers of every judicial officer in the State, from a Supreme Judge to a Justice of the Peace. It provided that the then incumbent District Judges should continue to be the Judges of the new Districts according to their respective numbers. At the same time I introduced a bill dividing the county of Trinity, and creating that of Klamath; and also a bill dividing the county of Yuba, and creating that of Nevada ”

“ If in a rare instance a district judge abuses the discretionary authority the want of which precludes an effective, independent judiciary, there is always the opportunity for corrective review by a Court of Appeals and ultimately by this Court. ”

“ It is a contradiction in terms to assert that one who has retired in accordance with the statute may continue to function as a federal judge and yet not hold the office of a judge. The act does not, and indeed could not, endue him with a new office, different from but embracing the duties of the office of judge. He does not surrender his commission, but continues to act under it. He loses his seniority in office, but that fact, in itself, attests that he remains in office. A retired District Judge need not be assigned to sit in his own district. ”

“ It is unnecessary to decide whether, when the district consists of two divisions, and courts are held in both divisions by the same judge and officers, they are one court or two. It is sufficient for the purpose of this case to hold that the sessions are separate, and that the clerk is entitled to charge for his own attendance at one place, and for that of his deputy at another. ”

“ Hence its general verdict that the land is worth so many dollars is not overturned for lack of particularized findings.
The judge who uses commissioners, however, establishes a tribunal that may become free-wheeling, taking the law from itself, unless subject to close supervision. The first responsibility of the District Court, apart from the selection of responsible commissioners, is careful instruction of them on the law. ”

“ There are four judges at large, without territorial jurisdiction of their own, any one of whom may be assigned by the secretary of finance and justice to act in any district. He then has the same jurisdiction as its judge. The services of judges at large are necessary when the judge of any district is absent, or has vacated his position, or when the business of a court requires the aid of an assistant judge. ”

“ The argument is, that there is no rule for the decision of the case after it is transferred, unless the provisions of the act of 1851 on this point are considered as governing; and that it is not to be presumed that Congress intended that the right of appeal from the decision should depend upon the contingency of the district judge having an interest in the claim, or the fact that some of the lands involved are situated within the limits of a corporate city. ”

“ The governor may for any reasonable cause remove judges on the address of two-thirds of each house of the legislature. The counties are grouped into judicial circuits, those containing a population of more than 150,000 constituting separate districts; each district has a judge and a commonwealth’s attorney. The county officials are the judge, clerk, attorney, sheriff, jailor, coroner, surveyor and assessor, elected for four years. Each county contains from three to eight justice of the peace districts. ”

“ Every judge of a superior court shall reside in his district while holding his office. The judges may exchange districts with each other with the consent of the governor, and the governor, for good reasons, which he shall report to the legislature at its current or next session, may require any judge to hold one or more specified terms of said courts in lieu of the judge in whose district they are. ”

“ When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question [*3] of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. ”

“ As to the first of these contentions, we think it suffices to say that it rests upon a construction of the words of the statute authorizing the assignment of a judge of one district and circuit to duty in another district and circuit which is wholly unfounded, and which rests upon a premise conflicting with the practice of the government under the Constitution substantially from the beginning. As to the second contention, we think merely to state it suffices to demonstrate its absolute unsoundness. ”

“ Respondent is therefore an entity 'administered by individuals (the commissioners) who are responsible to public officials (an elected county judge) ' and this together with the other factors mentioned satisfies us that its relationship to the State is such that respondent is a 'political subdivision' within the meaning of § 2 (2) of the Act. Accordingly, the Court of Appeals' judgment denying enforcement of the Board's order is
Affirmed. ”

“ When an assigned judge has presided at the trial of a cause, he is to have power, though the period of his service has expired, and though he may have returned to his own district, to perform the functions which are incidental and supplementary to the duties performed by him while present and acting in the designated district. ”

“ No judge appointed for a particular district shall be designated or transferred to another district without the approval of the Supreme Court. The National Assembly shall by law determine the residence of judges of inferior courts. ”

“ We should stop in its infancy, before it has any growth at all, this idea that the United States district judges can be made accountable for their efficiency or lack of it to the judges just over them in the federal judicial system. ”

“ The judge may persistently prevent the district attorney from putting questions which are both competent and proper and rule flatly against him on the most obvious points of law without any redress on the part of the people. A weak judge will take no chances on being reversed and will pursue this course, while at the same time he is allowing every latitude to defendant's counsel and is ruling in his favor in defiance of the established doctrines of law. ”

“ The Atchison Daily Champion in its issue of September 25, 1913, has this to say of his high honor and integrity:
“In these days of alleged lawless lawyers and corrupted courts it is a good thing to know that Atchison county has an honest and efficient judge to administer justice from the district bench. Many big men,—men of splendid qualifications and sterling integrity—have occupied the important position now held by Judge Jackson, but never before has this county had a judge whose service on the bench commanded more universal satisfaction than that rendered by Judge Jackson. ”

“ Does a United States District or Circuit Judge who, having served continuously for ten years and attained the age of seventy years, does not resign but retires under the provisions of section 260 of the Judicial Code, as amended, continue in office within the meaning of section 1 of article III of the Constitution which forbids diminution of the compensation of Judges during their continuance in office? ”