proceeding before a court or judicial officer of the United States where the genuineness of the handwriting of any person may be involved, any admitted or proved handwriting of such person shall be competent evidence as a basis for comparison by witnesses, or by the jury, court, or officer conducting such proceedings, to prove or disprove such genuineness. (39 Stat. 683.) United States District Court, Hawaii; two judges; appointment of judges, district attorney and marshal; jurisdiction; powers of judges, district attorney and marshal; writs of error and appeals; jury trial; terms; clerk; reporter: There shall be established in the said Territory a district court to consist of two judges, who shall reside therein and be called district judges, and who shall each receive an annual salary of six thousand dollars. The said court while in session shall be presided over by only one of said judges. The two judges shall from time to time, either by order or rules of court, prescribe at what times and in what class of cases each of them shall preside. The said two judges shall have the same powers in all matters coming before said court. The President of the United States, by and with the advice and consent of the Senate of the United States, shall appoiont two district judges, a district attorney, and a marshal of the United States for the said district, and said judges, attorney, and marshal shall hold office for six years unless sooner removed by the President. The said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court; and the said judges, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit courts of the United State. And the laws of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relating to appeals, writs of error, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii. Regular terms of said court shall be held in Honolulu on the second Monday in April and October, and special terms may be held at such times and places in said district as said judges may deem expedient. The said district judges shall appoint a clerk of said court at a salary of three thousand dollars per annum and shall appoint a reporter of said court at a salary of one thousand two hundred dollars per annum. (Organic Act, sec. 86, 31 Stat. 141, 158; 35 Stat. 838.) NOTE. For valuable notes on the history of the foregoing legislation, Organic Act, sec. 86, as also that hereinafter quoted, see 2 U. S. Comp. Stat. 1916, pages 1389, 1465, 1704, and 1705; 4 U. S. Comp. Stat. 1916, pages 4688-4689. Appeals and writs of error from United States District Courts: Appeals and writs of error may be taken from the district courts, including the United States district court for Hawaii and the United States district court for Porto Rico, direct to the Supreme Court in the following cases: In any case in which the jurisdiction of the court is in issue, in which case the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes; in any case that involves the construction or application of the Constitution of the United States; in any case in which the constitutionality of any law of the United States or the validity or construction of any treaty made under its authority is drawn in question; and in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. (Judicial Code, sec. 238, as amended Jan. 28, 1915, 38 Stat. 804.). Jurisdiction, Circuit Courts of Appeals; when judgment final: The circuit court of appeals shall exercise appellate jurisdiction to review by appeal or writ or error final decisions in the district courts, including the United States district court for Hawaii and the United States district court. for Porto Rico, in all cases other than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in section two hundred and thirty-eight, unless otherwise provided by law; and, except as provided in sections two hundred and thirty-nine and two hundred and forty, the judgments and decrees of the circuit court of appeals shall be final in all cases in which the jurisdiction. is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States or citizens of different States; also in all cases arising under the patent laws, under the trade-mark laws, under the copyright laws, under the revenue laws, and under the criminal laws, and in admiralty cases. (Judicial Code, sec. 128, as amended Jan. 28, 1915, 38 Stat. 803.). to enforce additional security vacating for libelant's improprieties Chambers matters, disposition of Claimants after sale in rem not to participate, exception 59 55 45 38 95 39, 75 Collector of customs goods in possession of, proceedings vs. Collision cases answer where fault of both vessels answer where one vessel lost 40 50 82 82 45 45 55 64 66 65 64 |