USVI Public Records

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® .‘ ! Publication. HE Third Circuit Court of Appeals | has issued an ex-parte writ of man- | damus to former Judge Lucius J. M. | Malmin directing him to return to the | District Court of the Virgin Islands. The writ of mandamus is not directed to the Government of the Virgin Islands. The | Governor, having due regard for the | orderly administration of justice, has | issued the following orders which are | f_eleased for the information of the pub- | ic: (GOVERNMENT OF | THE VIRGIN ISLANDS OF THE UNITED | STATES ST. THOMAS. WHEREAS, a Writ of Mandamus has | lately been issued to one Lucius J. M. | Malmin, formerly a judge of the District Court of the Virgin Islands, by the Third | Circuit Court of Appeals, requiring him | to return to the District Court of the | Virgin Islands; ' AND WHEREAS, amongst other things, the opinion of the Court states., | that, “‘ln thus finding in the United States | a right toa Writ of Mandamus on the | facts shown —the main question in the | case as we regard it—we wish to make it ? clear that the scope of our decision is no | broader than the facts on which it 18 | based. People vs. Gilmer, 10 111. 242, | It is conclusive only of the Government’s | right to ask us to compel its servant, | under his prima facie title, to return to | his jurisdiction and to perform the duties 5 of his office. It is not conclusive of sub- | sequent proceedings, if any be had, on different fact to test the title to the of- | fice. State vs. Oates, 86 Wis. 634, 57 N. | W. 296. Nor does it determine any | question of the cenure of the respond- ent’s cffice, the power theveafter to re- | move him and appoint another, or where | such power, if any, resides.”’ ; AND WHEREAS, it is the opinion of | the Governor of the Virgin Islands of | the United States, that, in addi- | tion to other reasons, the facts in | the case as they actually exist are at such variance with those contain- | ed in said opinion as to warrant and | command the KExecutive authority of the Government of the Virgin Islands, | he ha/ing due regard for the orderly ad- ministration of justice in said Islands, | to issue an executive order or decree pro- : hibiting amd enjoining all persons, and particularly the said Luecius J. M. Mal- min, from in anywise interfering with or molesting the administration of the Courts, or justice, or with the persen or persons now, this 18th day of May, 1921, in chairge of the Courts and the other de- partments of justice in the said Virgin Islands ; : AND WHEREAS by an Act of the <l. Ry Ls BN LN Congressjof the United States, 3 March, 1917, ‘‘all military, civil and judicial powers necessary to govern the West In- dian Islands acquired from Denmark shail be vested in a Governor and in such persons as the President may appoint, and shall be exercised in such manner as the President shall direct until Congress shall provide for the Government of such islands.”’ NOW IHEREFORE, I Sumner E. W. Kitcelle, Governor of the Virgin Islands of the United States ot America, do here- by warn and adjure all persons, and par- ticularly the said Lucius J. M. Malmin, to refraip and desist from in anywise in- terfering with or molesting the adminis- tration-of the Courts, or justice, or any department thereof, of the said Virgin Islands of the United States of America, as actually administered on this 18th day of May, 1921, and they are hereby en- - Jjoined and prohibited from so doing. And it is hereby further proclaimed that any one disregarding this order will ~do so at hid peril, that is to say, that he will be prosecuted in accordance with the law in such cases made and provided. WITNESS my Hand and the Seal of the Government of the Virgin Islands of ~ the United States this 18th day of May, 1921. SUMNER E. W. KITTELLE. Governor. (Seal). . GOVERNMENT OF = THE VIRGIN ISLANDS OF THE UNITED STATES, ST. THOMAS. From: Governor. To : Frederick G. McKean,Jr. Judge of the District Court of the Virgin Islands, Chistiansted, St. Croix. The Governor directs that you, the legally appointed Judge of the Djstrict Court ¢f the Virgin Islands of the Uni- ted States, continue to administer the court and that you not surrender, in - any particular whatevzr, the functions ~ of your office to anyone without definite ~instruections from the Governor, or upon ~ the receipt of a proper writ directed toyou from a court having jurisdiction. SUMNER E. W. KITTELLE, ; Governor. GOVERNMENT OF i THE VIVGIN ISLANDS OF THE UNITED | STATES ST. THOMAS. | 19 May 1921. i From: Governor. } To * eo. A Kevser. Government i Attorney, Municipality ,of St. | Croix, Christiansted. St. Croix. | It is hereby rdered and direcied that, | in the event anyone should interfere | or attempt to interfere with the or- | derly administration of the Courts | of fthe VNirgin Ilslands of the lni* ed States you shail immediately institute " the necessary proceedings in the Distriet Court of the Virgin Islands against such offender. SUMNER E W. KITELLZE, Governor. 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Everything furnished. Men--Woiner: S3O Weekly. BON-BON (0, Philadeiphia, Fa.