By THE GOVERNOR
OF
THE
VIRGIN ISLANDS
'F THE
UNITED STATES.
.
A Proclamation,
BY
virtue of the
authority
vested
in
me
and
in accordance
with
the
practice
observed
within
the
United
States,
MONDAY,
MAY 30,
1921,
known
as
MEMORIAL DAY,
is appointeda
holi-
day
and
set
aside
thoughout
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 F.
W. KITTELLE,
Governor.
Publicats
üblication.
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 Distriet
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
7o
broader
than
the facts
on
which
it
lis
based.
People
vs.
Gilmer,
10 lil. 242
It is eonclusive
only of the Government’s
right
to
ask
us
to
compel
its
servant,
NJ. &t
AY 1
=
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,
86
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
IJnited
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
opinien
as
to
warrant
and
command
the
KExecutive
authority
of
the Government
of
the
Virgin Islands,
he having due regard
for the orderly
ad-
ministration
of
justice
in
said
[slands.
to issue
an executive
order
or decree
pro-
hibiting awd
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
n-w, this
18th day of May,
1921,
in charge
of the Courts
and
the other
de-
partments
of justice
in
the
said
Virgin
Islands;
AND
WHEREAS
by
an
Act
of
the
Congress
of the United States,
3
March,
1917,
‘‘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 for the Government
of such
islands.”’
:
NOW
IHEREFORE,
I Sumner
E.
W
Kitcelle,
Governor
of the
Virgin Isiands
of the Unitad States
of Am.erica,
do here-
by
warn and adjure
all persons,
and
par-
ticularly the said
Lucius
J.
Li.
Malmin,
to refrain 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
herebv
en-
joined and prohibited trom
so
doing.
And
it
is
hereby
further
proclaimed
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
Islands of
the Un'ted
States
this 18th day
of May,
1921.
,
SUMNER E.
W. KITTFKLLE.
Governor.
(Seal).
GOVERNMENT OF
THE
VIRGIN
ISLANDS
OF
THE
UNITED
STATES,
ST. THOMAS.
From:
Governor.
To
:
FrederickG. 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
Vivgin
Islands of the
Uni-
ted
States,
continue
to
administer
the
court
and
that
you
not
surrender,
in
-any
particular
whatevr,
the
functions
-of
your
office to anyone
without definite
~
instructions
from the
Governor,
or upon
the
receipt
of
a
proper
writ
directed
I
to you
from
a court
having jurisdietion.
|
SUMNER
E.
W. KITTEL.E,
I
Governor.,
|
GOVERNMENT
OF
THE
VIVGIN
ISLANDS
OF
THE
UNITED
;
STATES
ST.
THOMAS.
|
19 May 1921,
i
From:
Governor.
|
To
:
Geo.
A,
Keyser,
Government
|
Attorney,
Municipality
of
St.
|
Oroix, Christiansted.
St.
Croix
|
It is hereby
srdered
and
direcied
(ha
|
in
the event
anyone
should
intorfers
|
orattempt
to
interfere
with the
or-
|
derly
administration
of
the
Courcs
.ol
the
Virein
Islowds
of
the
Unir
.
ed States,
you shall immediately
institute
|
the
necessary
proceedings
in
the Distriet
.
Court
of
the
Virgin
Islands
against
-
such offender.
f
SUMNER E
W. KITELLE,
Governor.
-
ST.
JOHN’S
Ch
ST.
CHURCH.
E
THE
FIFTEENTH ANNUAL CONVO-
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
i
Council
Hall from
10.80
a.
m.
tc 4p.
m.
.
on
Thursday
and
Friday,
and
will
be
|
open
to the publie
:
The Convocation
Services
will be:
|
Wed.
25th.
7.30.
Solemn
Fivensong
at
|
which
the Bishop will give his GHARGE.
|
Thurs
26.
6a.
m.
Pontifical
High
.
Mass with corporate
Communion
nf the
'
members
of Convoeation.
|
Frid.
27.
7.30.
Closing
Service:
So-
.
lemn
Evensong
and Procession.
'
On
SUNDAY
the
preacher.
at
High
'
Mass
will be the
Rev. L..
M. Haughwodt,
|
and
at
Evensong
the
Rev.
H C.
Sal-
.
mond.
-
:
Cand
King
Busi
|
an
ymaxmg
usiness.
Start at home.
.
Everything
furnished.
Men--Women.
|
S3O Weekly.
BON-BON CO.
v
Philadelphia,
Pa.