St. Croix Avis, 1921-05-24, page 2
By THE GOVERNOR, : OF THE : VIRGIN ISLANDS v THE UNITED STATES. @ | A Proclamation, Y wirtue of the authority vested in me and in accoraance with the practice obgerved within the United States, MONDAY, MAY 30, 1921, known as | MEMORIAL DAY, is appointeaa holi- “day and set aside thoughout the Virgin | Islands for the purpose of paying fitiing honor to those who have given their lives in the defence of the United States | and its ideals of liberty, equity, justice and right, the protection of life and the pursuit of happines. | The usual ceremonics will be observed | by the military and naval forces and all | persons are invited o parcicipate in hon- oring the heroie dead. Witness my hand and the Seal of she Government of the Virgin Islands of the | United States at St. Thomas the 20th .day of May in the year 1921. | SUMNER 7. W. KITTELLE, ' (yovernor. | ‘l‘ 8 Publication. HE Third Circuit Court of Appeals } T nas 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 ! …
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By THE GOVERNOR, : OF THE : VIRGIN ISLANDS v THE UNITED STATES. @ | A Proclamation, Y wirtue of the authority vested in me and in accoraance with the practice obgerved within the United States, MONDAY, MAY 30, 1921, known as | MEMORIAL DAY, is appointeaa holi- “day and set aside thoughout the Virgin | Islands for the purpose of paying fitiing honor to those who have given their lives in the defence of the United States | and its ideals of liberty, equity, justice and right, the protection of life and the pursuit of happines. | The usual ceremonics will be observed | by the military and naval forces and all | persons are invited o parcicipate in hon- oring the heroie dead. Witness my hand and the Seal of she Government of the Virgin Islands of the | United States at St. Thomas the 20th .day of May in the year 1921. | SUMNER 7. W. KITTELLE, ' (yovernor. | ‘l‘ 8 Publication. HE Third Circuit Court of Appeals } T nas 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 \ released for the information of" the pub- | lic: 1 : GOVERNMENT OF ’ [ . | THE VIRGIN ISLANDS OF THE UNITED | STATES ST. THOMAS. ' i 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, l 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 is | based. -People vs. Gilmer, 10 111. 242 | It is eoclusive only of the Government’s | right to ask us to compel its servant, ST VEDOLIX A VvIES . under his prima facie title, to return to ' his jurisdiction and to perform the duties 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, 8 Wis. 634, 57 N. W. 296. Nor does it determine any question of of the cenure of the respond- ~ ent’s cffice, the power thereafter to re- move him and app>int another, or where . ~ such power, if any, resides.”’ | AND WHEREAS, it is the opinion of ~ the, Governor of the Virgin Islands of . the lUnited States, that, in addi- | tion “to other . reasons, the faets. in . the case as they actually exist are ~at such variance with those contain- >d in said opinion as to warrant and command the Executive authority of ~ the Government of “the Virgin Islands, ~ he bhaving due regard for the orderly ad- ministration of justice in said Islands, ' to issue an executive order or decree pro- ~ hibiting and enjoining all persons, and particularly the said Lucius J. M. Mal- - min, from in anywise interfering with ~ or molesting the administratiofy of the ~ Courts, or justice, or with the person or ~ persons n>w, this 18th day of May, 1921, ~in chairge of the Courts and the other de- partments of justice in the said V rgin . Islapds AND WHEREAS by an Aect of the -Congress of the United States, 3 Marelr, 1917, T‘all military. eivil dnd judicial ~ powers necessary to govern the West in- i dian Islands acquired from Denmark shail be vested in a Governor and in such i persons as ihe President may appoint. ' and shall be exercised in such manner as . the President shall direct until Congres: ‘ shall provide forth 2 Government otsuch . islands.” . NOW 1 HEREFORE, I'Sumner E. W i Kitcelle, Governor of the Virgin Islands of the United States of An.erica, do here- ‘ by warn and adjure ail persons, and par- e ticularly the said Lucius J Bb. Malmin | to refrain and desist {rom in anywise in- | terrering with or molesting the adminis- | tration of the Courts, or justice, or any | departmeng thereof, of the said Virgin Isliands of the United States of America, as actually administered on this 18th day of May, 1921, and they are herebyv en- joined and prohibited from so doing. ‘ And it is hereby further prociaime: | that any one disregarding this order will do so at his 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 Isiands ! ' the Un ted States this 18th day of May 1921 ! SUMNER E. W, KITTixLLE. | Governor. . ! (Seal). | GCVERNMENT ,OF ' THE VIRGIN ISL.gDS OF THE UNITED STATES, ©T. THOMAS. ' From: Governor. Tol : Frederick G.|McKean,Jr. Judge of the DBistriet Court of the Virgin Islanas, ‘ Chistiansted, St. Croix. The Governor dirvects that you, the legally appointed Judge of the District Court of the Vivgin Islands of the Uni- ted States, continue to administer the court and that you not surrender, in any particular whatev:r, the functions of your office to anvone with definite instructions from che Governor, or upon the receipt of a proper writ directed to you from a court having jurisdiction. SUMNER E. W. KITTELLE, Governor. GOVERNMENT OF THE VIVGIN ISLANDS OF THE UNITED STATES St. THOMAS. : 19 May 1921. From: Governor, To : Geo. A, Keyser, Government Attorney, Municipality of St. Croix, Christiansted, St. Croix. It is hereby »rdered and directed,thar, in the event anyona should interfers or attempt t» interfere with the or- derly administration of the Courts of the Virgin Islands of the Uni* ed States, you shall immediately institute the necessary proceedings in the Distriet Court of the Virgin Islands agadinst such offender. SUMNER E W. KITELLE, Governor. Q7 IFALERIIC ’:HUL FVE g :320 Jij?N B .s‘«-' Kb?o THE FIFTEENTH ANNUAL ONVO- CATION : of the Episcopal Church in the Mission- ary District of Porto Rico will meet in this parish from May 25th to May 27th. The SESSIONS will be held in the Couact! Hall from 1030 a. m. te 4 p. m. on Thursday and Friday, and will be open to the public. The Convocation Services will be: Wed. 25th. 7.30. Solemn Evensong at which the Bishop will give his CHARGE. Thurs -26. 6§ a. m. Dontifical High Mass with corporate Communion ntf the members of Convoeation, Frid, 27. 7.30. Closing Service: So- lemn Evensong and Procession. On SUNDAY the preacner. at High Mass wili be the Rev. L. M. Haughwout, and .at Hvensoag the Rev. H. C. Sal- mond. ’«;f“q : X _° %A ° Candymaxing Business. Siari al home. tverything furnished. Men--Women. S3O Weekly. BON-BON CO. Philadelphia, Pa.