erroneously patented under railroad or wagon land grants to establish their rights to such land.41 "The district courts and the United States commissioners shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul, or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise part of such residence. U. S. v. Kolodner, C. C. A., 204 Fed. 240. A hearing in the Judge's Chambers adjourning court is not held in open court and does not comply with the statute. U. S. v. Ginsberg, 243 U. S. 472. It was held that the declaration of an intention to become a citizen of the United States is not a part of a judicial proceeding and that a defect in the same cannot be subsequently cured by an amendment nunc pro tune. Re Stack, 200 Fed. 330. Where the petitioner had filed his declaration under a false name he was required to file a new declaration. Re Boorvis, 205 Fed. 401. Where subsequent to the naturalization an alien changed his name, under an order of the State Court, it was held that the Federal Court where he had been naturalized had no jurisdiction to amend the proceedings so as to substitute the new name, for that under which he was naturalized. Re Perkins, 204 Fed. 351. See infra, § 206. It is presumed that the findings of the Court which issued the certificate are correct, but this presumption is not conclusive and any errors of law may be reviewed. U. S. v. Nopoulos, 225 Fed. 656. The affidavit which is the foundation of the proceedings to set aside the certificate may be made on information and belief. U. S. v. Leles, 227 Fed. 189. An affidavit was held to be suffi cient when it stated upon information and belief that the holder of the certificate was not qualified to be naturalized in that he was not a person of good moral character for five years preceding his application that he procured naturalization in violation of law and upon the testimony of witnesses who were not under oath. U. S. v. Leles, 227 Fed. 189. The proceeding for cancellation is not a suit at common law and the defendant is not entitled to a trial by jury. Luria v. U. S., 231 U. S. 9. See U. S. v. Ojala, C. C. A., 182 Fed. 51. It has been held: that a suit to cancel a certificate of naturalization is a special proceeding and that the pleadings and procedure may be moulded in any way which seems best calculated to meet the needs of justice, but that proof must be of the kind and force required to set aside a judgment, U. S. v. Mansour, 170 Fed. 676. See $ 151b. 41 Act of March 2, 1896, 29 St. at L., Ch. 39. p. 42; Oregon & C. R. Co. v. U. S., C. C. A., 144 Fed. 832. of such power being first made to such court or commissioner, by petition of such consul, vice consul, or commercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or commercial agent: Provided, however, That the expenses of the said imprisonment and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners." 42 The District Courts have also jurisdiction, by removal from the State courts, of all cases in which they have original jurisdiction and of which the State courts have concurrent jurisdiction,43 with the exceptions of those arising under the Employers' Liability Act, of April 22nd, 1908; and of suits to recover damages for delay, loss of or injury to, property received for transportation, where the matter in controversy exclusive of interest and costs does not exceed the value of $3,000.44 Suits of the two latter classes when brought in a State court cannot be removed to any court of the United States.45 The District Courts have also other jurisdiction, by removal, of certain civil and criminal cases,' 46 This will be described in the subsequent chapter on the removal of causes.47 42 Jud. Code, § 271, 36 St. at L. 1087. 43 Jud. Code, § 28. 44 36 St. at L. 1087; 38 St. at L. 278, Comp. St. § 1010 quoted supra. 45 Ibid. 46 Jud. Code, §§ 30, 34. It has been held that such a court has inherent jurisdiction to punish as a contempt the unlawful ouster of the court, its officers and records, from the rooms of a public building, where they are located, and as an incidental to the contempt proceedings it may issue a stay order against such a removal.48 Such courts have also jurisdiction to compel the attendance of witnesses and the production of books or papers, before the Interstate Commerce Commission,19 the Federal Trade Commission, the Railroad Labor Board,51 the Bureau of War Risks Insurance,52 the Tax law and in investigations under the Anti-Monopoly law 53 and the Income Tax law,54 and in other cases prescribed by special statutes. The District Courts have also certain ancillary jurisdiction which is hereinafter considered.55 "The district courts shall have appellate jurisdiction of the judgments and orders of United States commissioners in cases arising under the Chinese exclusion laws.'' 56 "The district court for the district of Wyoming shall have jurisdiction of all felonies committed within the Yellowstone National Park and appellate jurisdiction of judgments in cases of conviction before the commissioner authorized to be appointed under section five of an Act entitled 'An Act to protect the birds and animals in Yellowstone National Park and to punish crimes in said Park, and for other purposes,' approved May seventh, eighteen hundred and ninety-four." 57 "The district court of the United States for the district of South Dakota shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, arson, burglary, larceny, or assault with a dangerous weapon, committed 48 Re Lyman, 55 Fed. 29, 43. 49 32 St. at L. 847, § 3, 10 Fed. St. Ann. 170, Comp. St. Supp. 1911, pp. 1309, 1312, Pierce Fed. Code, § 6453; infra, §§ 77c, 339a, 343. 50 38 St. at L. 722, §9, Comp. St., $ 88361, infra, §§ 77h, 339a, 343. 51 Act of Feb. 28, 1920, § 310. 52 40 St. at L. 339, § 15. 53 26 St. at L. 209, Comp. St. within the limits of any Indian reservation in the State of South Dakota.'' 58 "The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States.59 First. Of all crimes and offenses cognizable under the authority of the United States. Second. Of all suits for penalties and forfeitures incurred under the laws of the United States. Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State,60 Fourth. Of all seizures under the laws of the United States, on land or on waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize. Fifth. Of all cases arising under the patent-right, or copyright laws of the United States.61 Sixth. Of all matters and proceedings in bankruptcy.. Seventh. Of all controversies of a civil nature, where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens. Eighth. Of all suits and proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls.62 The jurisdiction of the District Courts is restricted in most instances by the residence of the parties or of their assignors. These restrictions are hereinafter considered.63 The District Courts are courts of limited jurisdiction.64 Par 58 Ibid. § 27. 59 A State Court has no jurisdiction of a criminal prosecution for an assault by one Indian upon another which is committed in a State Reservation. People v. Daly, 212 N. Y. 183. 60 40 St. at L. 395, Comp. St. § 1233, infra, § 560. 61 See infra, §§ 29, 146, 147, 150, 188, 277, 278. 62 Jud. Code, § 256, 36 St. at L. 1087. 63 See infra, §§ 61-63.' 64 Re Hollins, C. C. A., 229 Fed. 349. ties cannot, by consent, give them jurisdiction of any matter not conferred upon them by the Constitution and Acts of Congress.65 § 5a. Jurisdiction of suits on contractors' bonds. Suits upon contractors' bonds. The Act of August 13, 1894, which has been amended February 24, 1905, provides: "That hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract; and any person, company, or corporation who has furnished labor or materials used in the construction or repair of any public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United States. "If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. "If no suit should be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said contract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of the United States in the circuit 65 Ibid. |