®
.‘
!
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.
West Eiic ew Grocery
|
OFFERS
Latest
Arrival of Danish
Goods
RULLE SAUSAGES,
PICKLED PORK
SAUSAGES.
SMOKED SAUSAGES,
RASPBERRY,
STRAWB,
CURRANI
.
& CHIZREKY SYRUPS,
GULZAS, LOBESCOWES.
LIVERPOSTI,
|
.
RED CABBA(E,
Bavarian
Sausages,
AMR. SWISS
CHRESE,
CERVELOT
SAUSAGLES
FRANKFURTERS, Former,
Boneless
Codfish,
BACON
from
85c.
to
60c
pr.
.
ar
guaranteed
to please.
PICNIC HAMS, 30c. pr. llb., FERRI:
50«
Large
variety of Biscuits.
GREEN
& YELLOW SPLIT PEAS
that does
cook right
and GREEN PEAS
in
No.
1 tins
[rou
20e. to 35¢. pr tin,
LALADATEA, LIPTON
TEA,
TUBORG, GAMLE
& NY CARLSBERG
The Coffee
you like, and
most
of
the things you will want,
we
have
it, but too
numerous
to
list.
e
.
-
D
5
|
’ . *”}\‘;j”/
’~
:r
i
/
B\N\
4
e
©
Optical
Service
YOUR_
prescription
fillec,
:n
~special
ground
lenses
promptly
duplicated
through
the mails.
Consult
our refractionist
maodcr-
ate charge
for consultation.
F.
M. CONE:RO,
St. Thomas,
1] 5. V. 1
e
e
Candynaxing
Business.
Stari at home.
Everything
furnished.
Men--Woiner:
S3O Weekly.
BON-BON (0,
Philadeiphia,
Fa.