Birch v. Steele

Citations

• 165 F. 577

Syllabus

<p>1. Judges (§ 2*) — Federal Judge — Creation of Office — Construction of Statute.</p> <p>By Act Feb. 25, 1907, c. 1198, 34 Stat. 931 (U. S. Comp. St. Supp. 1907, p. 187), the President was authorized to appoint “a District Judge for the Northern judicial district of Alabama, * * * who shall possess the same powers and perform the same duties within the said Northern judicial district of Alabama as are now possessed by and performed by the District Judge of the United States in any of the judicial districts established bv law.” At the time of the passage of such act, by virtue of Act xiug. 2, 1886, e. 842, g 2, 24 Stat 213 (U. S. Comp. St. 1901, p. 449), then} was one District Judge for the ¡Middle and Northern districts of Alabama. Held, that such act, in so far as it gave the existing judge and his successors jurisdiction within the Northern district, was not repealed by implication by the later act, the effect of which was merely to create an additional judge for said district.</p> <p>[Ed. Note. — For other cases, see Judges, Cent. Dig. § 2; Dec. Dig. § 2.*i</p> <p>2. Bankruptcy (§ 221*) — Powers of Courts of Bankruptcy — Appointment and Removal of Referees.</p> <p>Under Banfcr. Act July 1, 1898, c. 541, § 34a, 30 Stat. 555 (U. S. Comp. St. 3901. ]>. 3435). which confers upon “courts of bankruptcy” the power to appoint and remove referees within the territorial limits of which they have jurisdiction, a District Court sitting as a court of bankruptcy, which is a court held by one judge, has power to appoint or remove a referee, although there may be another judge who is also authorized to hold the same court.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 381 ; Dee. Dig. § 221.*]</p> <p>3. Bankruptcy (§ 441*) — Superintendence and Revision — Jurisdiction of Circuit Court of Appeals.</p> <p>Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553 (Ü. S. Comp. St. 1901, p. 3432), giving Circuit Courts of Appeals jurisdiction to superintend and revise