In re Circuit Court

DILLON, Circuit Judge.

Respecting the constitution of this court, an important question has been started, which it is necessary to determine at the outset of this, the first regular term which has been held since the taking effect of the act of April 10, 1869, entitled “An act to amend the judicial system of the United States” (16 Stat 44), and which modified the scheme of the national judicial tribunals, by providing for the appointment, in each circuit, of a judge called and commissioned as the “circuit judge.” That question is: What judges have the legal right to sit in this court? Or more…