United States v. New Departure Mfg. Co.

Citations

• 195 F. 778
• 1912 U.S. Dist. LEXIS 1679

Syllabus

<p>1. Courts (§ 418%,* New, vol. 14, Key No. Series)—Creation—Statutes— Repeal.</p> <p>The federal Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1087), in force January 1, 1912, does not abolish the United States District Court, but continues the existing District Courts, and transfers thereto cases and .proceedings pending undetermined in the Circuit Courts which are abolished, and section 299, providing that the repeal of existing laws, shall not be construed to affect the tenure of office of incumbents, does not support a repeal of the old law by implication or an intention by Congress that after January 1, 1912, new judges, officers, and jurors are to be created.</p> <p>2. Courts (§ 418%, New, vol. 14, Key No. Series)—Repeal of Statute Cre- . ating Courts—“Any Suit or Proceeding”—“Proceeding.”</p> <p>The phrase, “any suit or proceeding,” in the federal Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 10S7), in force January 1, 1912, declaring in section 299 that the repeal of laws shall not affect “any suit or proceeding,” including those pending on writ of error, appeal, certificate, or writ of certiorari, includes an inquiry pending before a grand jury properly impaneled in the District Court, and an indictment returned by the grand jury after January 1st is valid. The word “proceeding,” though frequently used in a restrictive sense, must be understood in its ordinary signification.</p> <p>[Ed. Note.—For other definitions, see Words and Phrases, vol. 1, pp. 412-433; vol. 8, pp. 7575-7577; vol. 6, pp. 5631-5638.]</p>