By THE GOVERNOR
OF
THE
VIRGIN ISLANDS
'F THE UNITED STATES.
8
A Proclamation.
Y virtue of the
authority vested
in
me
B
and
in accoraance
with
the
practice
observed
within
the
United
States,
MONDAY,
MAY 30,
1921,
known
as
MEMORIAL DAY,
is appointeaa
holi-
day
and set
aside ethoughout
the
Virgin
Islands
for the
purpose
of paying
fitting
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
ceremonies
will be observed
by
the military and
naval
forces
and
all
persons
are invited to participate
in
hon-
oring the heroic
dead.
Witness
my hand
and
the
Seal of
the
Government
of the
Virgin Islands
of the
United
States
at
St.
Thomas
the
20th
day of May in the
year 1921.
SUMNER
E. W. KITTELLE,
Governor.
®
@
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
o°
justice,
has
issued
the
following orders
which
are
fpleased
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 thusfinding 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 conclusive
only of the Government’s
right
to
ask
us
to
compel
its
servant,
wlB
b
X
a4 v
i
|
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
the
cenure
of the respond-
-
ent’s
cffice. the power
thereafter
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:
tinited
States,
ihat.
in
addi
tion
to
other
vreasons,
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
Executive
authority
of
the Government
of
the
Virgin
Islands,
he having 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
administration
of
the
Courts,
or justice,
or with the
person
or
persons
now,
this
18th day of May,
1921,
in chaige of the Courts
and
the other
de-
partments
of justice
in
the
said
V rgin
Isiands
;
.
\
AND
WHEREAS
by
an
Act
of
the
Congress
of the [lnited States,
3
Mareh,
191%,
‘‘all military,
civil
and
judicial
powers
necessary
to govern
the
West
n-
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 forth 2 Government
of such
|
islands.”’
|
NOW IHEREFORE,
I Sumner
E.
W
Kitcelle, Governor of the
Virgin
isia'ds
'
of the Unitad States
of America,
do here-
'
by warn and adjetl?re
all persons,
and
par-
.
tieularly the said
Lucius
J. .
Maimin,
-
to refrair
and desist
from in
anvwise
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 Americs,
~as
actually administered
on this
18th day
'
of May, 1921, and
they
are
herebv
en-
~
joined and prohibited trom
so
doing.
t
And
it
is
hereby
further
proclained
|
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
f
WITNESS
my Hand
and
the
Seal
of
.
the Government
of the Virgin
Islands
of
'
the Un‘ted States
this 18th
day
of
May.
L
1928
;
SUMNER E. W. KITTELLE.
|
Governor.
;
(Seal).
|
G VERNMENT 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
District
Court ¢f the
Virgin
Islands
of the
Uni-
ted
States,
continue
to
administer
the
court
and
that
vou
not
surrender,
in
any
particular
whatev:r,
the
{unctions
of
your
office
to anyone
withou
definite
instructions
from the
Governocr,
or
upon
~
the
receipt
of
a
proper
writ
directed
f
e
you
from
a court
having jurisdietion.
!
SUMNER
E.
W. KITTELLE,
g
Governor.
!
‘
GOVERNMENT
OF
|
THE
VIVGIN ISLANDS
oF
THE
UNITED
!
STATES
ST.
THOMAS.
|
19 May
192L.
|
From:
Governor,
'
To
:
Geo.
A,
Keyser,
Government
|
Attorney,
Municipality
of
St
oroix, Christiansted,
St. Croix
!
1t is hereby
oardered
and
direcied
tha:
|
in
the event
anyonz2
should
interfer
i
or attempt
to
interfere
with
the
or-
|
derly
administration
of
the
Courts
|"of
the
Virgin
Islands’
of
the
Unit
|
ed
States,
you suall immediately
instirute
|
the
necessary
proceédings
in
the
Distriet
Court
of
the
Virgin
Islands
anainst
sitch
>ffende:
*
SUMNER £
W, KITELLE
‘rovernor
7
A EERTY
FYEE¥
JVEE
ST. JOHN'S
CHURCH.
'’HE
FIFTEENTH
ANNUAL CONVO-
CATION
of
the Episcopal
Chareh
in the
Mission-
'
.ary
Distriet
of
Porto
Rico
will mect
in
|
this parish from
May 25th
to May 27th.
The
SESSIONS
willi
be
held
in
the
Council
Hall
from
10.30
a.
m.
tc 4 p.
m.
on
Thursday
and
Friday,
and
will
be
-
open
to the public.
‘
The Convocation
Services
will be:
|
Wed.
25th
7.30.
Solemn
Kivensong
at
|
which the Bishop will give his GHARGE.
l
Thurs
26.
6a.
m.
Pontifical
High
'
Mass with
corporate.
Communion
nt
the
.
members
of Convocation.
:
‘
Frid.
27
7.30.
Closing
Service:
So
lemn Evensong
and Procession.
On
SUNDAY
the
preacher.
at
High
Mass
will be the
Rev. L. M. Haughwout,
and
at
KEvensong
the
Rev.
H
C.
Sal-
mond.
(‘\'
e
T
o
a
°
Candy makiny
Business.
Start at home.
Everything
furnished.
Men--Women.
S3O Weekly.
BON-BON CO.
.
Philadelphia,
Pa.