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benefit under this section, as this section leaves the case to be determined by the discretion of the court upon consideration of inconvenience. (U. S. v. Cornell, 2 Mason, 91.) It is not necessary that the indictment should allege the county in which the offense was committed (U. S. v. Wilson, Bald. 78), and whether the crime must have been com. mitted in some place within the exclusive jurisdiction of the United States, query? (U. S. v. Cornell, 2 Mason, 91.)

§ 36 (730). Offenses on the high seas, etc., where triable. The trial of all offenses committed upon the high seas or elsewhere, out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought. (Rev. Stats. 730.)

This section relates only to crimes connected with maritime jurisdiction (U. S. v. Alberty, Hemp. 444); it does not contemplate that the government shall have the election in which of two districts to proceed to trial. (U. S. v. Bird, 1 Sprague, 299; and see U. S. v. Thompson, 1 Sum. 168.) An offender captured on the high seas may be tried in the district where he is first legally apprehended. (U. S. v. Arwo, 19 Wall. 486; U. S. v. Baker, 5 Blatchf. 6.) The court to which he is first brought is substituted for the place in which the crime was committed (Ex parte Bollman, 4 Cranch, 75); for though he come into one district yet he may be tried in another, if there first apprehended. (U. S. v. Thompson, 1 Sum. 168; U. S. v. Corrie, 23 Law Rep. 145.) If the vessel was bound for a port, and the offender is in custody in that port, it is evidence that he was apprehended in the district of that port. (U. S. v. Mingo, 2 Curt. 1; U. S. v. Magill, 4 Dall. 425.) It is not usual to give evidence that he was apprehended in the district in which he is tried. (U. S. v. Mingo, 2 Curt. 1. See Jones v. United States, 137 U, S. 202; Ross v. McIntyre, 140 U. S. 453.)

§ 37 (731). Offenses begun in one district and completed in another.-When

any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. (Rev. Stats. sec. 731.)

This section does not apply to a libel written in one district and published in another. (Ex parte Buell, 3 Dill. 116.) That it shall be deemed to have been committed in either. (Ball v. United States, 140 U. S. 118.)

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CHAPTER III.

DISTRICT COURTS.-ORGANIZATION.

§ 38. District judges, appointment and residence.
§39. Newly admitted States.

§ 40. Special statutory provisions.

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§ 38 (551). District judges, appointment and residence. A district judge shall be appointed for each district, except in the cases hereinafter provided. Every such judge shall reside in the district for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor. (Rev. Stats. sec. 551.)

§ 39. Newly admitted States.-There shall be appointed in each of the following districts, one district judge, who shall reside therein: Idaho (26 U. S. Stats. 218); Montana (25 U. S. Stats. 676); North Dakota (25 U. S. Stats. 676); South Dakota (25 U. S. Stats. 676); Washington (25 U. S. Stats. 676); Wyoming (26 U. S. Stats. 225).

§ 40 (552). Special statutory provisions.-There shall be appointed in each of the

States of Alabama, Georgia, Mississippi, South Carolina, and Tennessee, one district judge, who shall be district judge for each of the districts included in the State for which he is appointed, and shall reside within some one of the said districts. And for offending against this provision, such judges shall be liable as in the preceding section. (Rev. Stats. sec. 552).

ALABAMA, SOUTHERN DISTRICT.-There shall be appointed by the President of the United States, by and with the advice and consent of the Senate, a district judge for the southern judicial district of the State of Alabama; [and that said judge shall be entitled to receive a yearly salary of three thousand five hundred dollars, payable quarterly]. (24 U. S. Stats. 213; 1 Lee, 000.) The jurisdiction of the present district judge for the several districts of Alabama, and his successors, shall hereafter be confined to the northern and middle districts of said state. (24 U. S. Stats. 213.)

CALIFORNIA, SOUTHERN DISTRICT.-There shall be appointed a district judge for said southern district of California, who shall reside therein. (24 U. S. Stats. 308.)

PRESENT INCUMBENT NOT AFFECTED.—Nothing in this act shall in any manner affect the tenure of office of the judge, marshal, United States attorney, or other officers of the present district of California, who shall, respectively, be entitled to the same salaries, fees, and emoluments provided by law. (21 U. S. Stats. 308.)

COLORADO.-For the district of Colorado, a district judge and a marshal and a district attorney of the United States shall be appointed by the President,

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by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided. (19 U. S. Stats. 61.) Until the judge for said district of Colorado shall be duly appointed and qualified, the district judge of the United States for the district of Nebraska shall act as the district judge of the district of Colorado, and shall have and exercise the same jurisdiction and powers in the district hereby created as he has in the district of Nebraska. (19 U. S. Stats. 61.) The circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. (19 U. S. Stats. 61.)

FLORIDA. The district judge for the southern district of Florida shall reside at Key West. (Rev. Stats. sec. 553.)

GEORGIA, NORTHERN DISTRICT.-A district judge for the northern district of Georgia shall be appointed, who shall have all the powers and perform all the duties held and performed by the other district judges of the courts of the United States. (22 U. S. Stats. 47.)

GEORGIA, SOUTHERN DISTRICT.-The district judge now holding office for both said districts shall be assigned to and hereafter be the district judge for the southern district in said state. (22 U. S. Stats. 47.)

IDAHO. A district judge shall be appointed for

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