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for appointment of such number of deputy clerks and clerical assistants to the judge and to the clerk as the President may think necessary to the proper conduct of the affairs of those offices. This flexible authorization is in harmony with the general law relating to United States district courts within the States, and it is believed that the same authorization should be provided in the Canal Zone laws.

Existing law is further amended by this bill by conferring upon the district judge, when absent from the Canal Zone in the United States or in any of the Territories or possessions of the United States, authority to make orders which in his discretion may be necessary and which could have been made in chambers on the Canal Zone, and providing for the transmission of such orders by mail and radio. If this amendment is approved it will provide a convenient and desirable method of taking care of any matters requiring an order of the court which might arise during the judge's absence on vacation in the States. It is believed that there is no legal objection to such a provision.

Section 8 of the Panama Canal act provides among other things that "there shall be a district attorney for said court who shall be paid a salary of $5,000 per annum." That provision of the Panama Canal act seems to have been crudely drawn and to have been enacted under a mistaken idea of the office of district attorney. Strictly speaking he is not a district attorney for the district court. The district attorney conducts legal business of the Government of the Canal Zone and gives legal advice to the governor. In that capacity he is an officer of the Executive Department rather than an officer of the court. This bill amends the Panama Canal act and provides "that there shall be a district attorney for the Canal Zone, whose compensation shall be fixed by the President." The present statutory salary of $5,000 established in 1912 by the Panama Canal act is not adequate compensation for the duties required and the qualifications necessary for their performance, and is out of proportion to the present scale of salaries for positions of the same kind in the United States. It is believed that the salary of the district attorney, as well as the salary of all officials of the judicial establishment, should be fixed by the President in order that necessary adjustments in compensation may be made without the necessity for special legislation. Existing law, as found in section 8 of the Panama Canal act, provides that "it shall be the duty of the district attorney to conduct all legal proceedings, civil and criminal, for the government, and to advise the Governor of the Panama Canal on all legal questions touching the operation of the canal and the administration of civil affairs." This bill amends that law and provides that "it shall be the duty of the district attorney to conduct legal proceedings, civil and criminal, for the Government of the United States, and for the government of the Canal Zone, and it shall also be his duty to advise the Governor of the Panama Canal, upon request of the latter, on matters pertaining to the office of the governor.'

It is believed that these changes in the law will more clearly and definitely define and limit the duties of the district attorney with respect to advising the Governor of the Panama Canal on legal matters, and more definitely define his duties with respect to the prosecution of cases in court. The insertion in the new law of the words "for the Government of the United States" is for the purpose of clarifying the duties of the district attorney to conduct legal proceed

ings in cases running in the name of the Government of the United States, as well as those running in the name of the government of the Canal Zone. Some offenses committed on the Canal Zone are offenses against the Government of the United States and others are offenses against the government of the Canal Zone.

Existing law makes no provision for the appointment of assistant district attorneys and clerks or other employees of the district attorney's office. Such assistants, clerks, and employees have heretofore been appointed by the Governor of the Canal Zone under the general authority to make appointments conferred upon him by section 4 of the Panama Canal act. It is believed to be advisable, and the committee concurs in that belief, to specifically provide by law for such appointments. Accordingly this bill adds a new provision to section 8 as follows:

The district attorney shall be allowed such assistant district attorneys, clerks, and other employees as the President may authorize and all of such officials and employees shall receive such compensation as the President shall prescribe.

Section 8 of the Panama Canal act provides that—

There shall be a marshal for said district court. It shall be the duty of the marshal to execute all process of the court, preserve order therein, and do all things incident to the office of marshal. The marshal shall be paid a salary of $5,000 per annum.

This bill amends that provision of the law so as to read as follows: There shall be a marshal of the said district whose compensation shall be fixed by the President. The said marshal shall be allowed such deputy marshals as the President may authorize, and such deputies shall receive such compensation as the President shall prescribe. It shall be the duty of the said marshal to attend the district court when sitting and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States or of the Government of the Canal Zone, except process returnable to the magistrates courts; and he shall have power to command all necessary assistance in the execu tion of his duty. He shall perform such other duties, not inconsistent with law, as may be prescribed from time to time by the President.

The compensation now allowed the United States marshal of the Canal Zone, as is the case with that allowed the district attorney, is quite inadequate. Their compensation was fixed in 1912 and has never been increased. The compensation of all others around them. has been increased as the cost of living has increased and yet the salaries of these two important officials have remained as fixed in the act of 1912. They have responsible duties to perform and the compensation allowed them ought to be such as to command the services. of able and experienced and competent men. This bill amends the law with reference to fixing the salary of the marshal, as it does in the case of the district attorney, by allowing the compensation of both to be fixed by the President. The bill also more definitely defines the duties of the marshal and provides for the appointment of his deputies by the President. The committee believes that this amendment will improve existing law.

Existing law provides that the district judge, the district attorney, and the marshal shall be appointed "for terms of four years each, and until their successors are appointed and qualified." This bill modifies that language somewhat, but does not change the substance of existing law; it merely states it in a clearer and more accurate manner, and provides with reference to the district judge, district attorney, and marshal that they "shall continue to discharge the duties of their

respective offices, unless sooner removed by the President, until their successors shall be appointed and qualify in their stead."

Section 8 of the Panama Canal act, as amended by the act of September 21, 1922, and by the act of December 29, 1926, showing the matters stricken out in black brackets, and the new matters inserted in italics by the pending bill, is as follows:

SEC. 8. There shall be in the Canal Zone one district court, [with] to be known and designated as the United States District Court for the District of the Canal Zone. There shall be two divisions of said district court, one including Balboa, and the other including Cristobal, and the boundaries of the divisions shall be determined by the President. [and]

There shall be one district judge of the said district; [who shall hold his court in both divisions at such time as he may designate by order, at least once a month in each division] provided that the President may appoint a special district judge to act, when necessary, during the absence of the district judge from the Canal Zone or during any period of disability or disqualification from sickness, or otherwise to discharge his duties, and such special district judge shall receive the same rate of compensation and the same mileage and per diem as is paid to the district judge. Terms of the district court shall be held in the Balboa and Cristobal divisions at such times as the judge may designate by order.

The rules of [practice in such] said district court shall be prescribed [amended, or repealed by order of the President] by the district judge. [(b)] The said district court shall have jurisdiction of:

[All felony cases under the laws of the Canal Zone;]

[All offenses arising under section 10 of this act;]

All criminal cases wherein the punishment that may be imposed exceeds a fine of $100 or thirty days' imprisonment or both;

All cases in equity;

All cases in admiralty;

All cases of divorce and annullment of marriage;

All cases at law involving principal sums exceeding $300;

All appeals from judgments rendered in the magistrates' courts;

[All matters and proceedings not otherwise provided for which at the time this act took effect were within the jurisdiction of the Supreme Court of the Canal Zone, the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof; and]

All cases and proceedings involving laws of the United States applicable to the Canal Zone;

All other matters and proceedings wherein jurisdiction is conferred by the codes of law and procedure of the Canal Zone;

In addition to the jurisdiction now specifically conferred on it by certain acts of Congress, the said court shall have jurisdiction of offenses under the criminal laws of the United States when such offenses are committed upon the high seas beyond the territorial limits of the Canal Zone, on vessels belonging in whole or in part to the United States, or any citizen thereof or any corporation created by or under the laws of the United States or of any State, Territory, or District thereof, and the offenders are found in the Canal Zone, or are brought into the Canal Zone after the commission of the offense: Provided, That this provision shall not be construed to deprive the district courts of the United States of any jurisdiction now provided by law. The procedure and practice in such cases shall be the same as in other criminal cases tried under the laws of the Canal Zone.

The jurisdiction in admiralty herein conferred upon the district judge and the district court shall be the same as is exercised by the United States district judges and the United States district courts, and the practice and procedure shall be the same as in the United States district courts.

[(c)] The judge of the district court shall provide for the selection, summoning, and serving of jurors from among the citizens of the United States, subject to jury duty to serve in the division of the district in which such jurors reside [] [A], and a jury shall be had [on the demand of either party in any civil or criminal case [or civil case at law] originating in the said court on the demand of either party, subject to such limitations as may be contained in any codes which may hereafter be enacted for the Canal Zone. Any citizen of the United States who is employed by the Panama Canal or the Panama Railroad Company within the Canal Zone, and who resides in a residence owned by the Panama Canal or Panama Railroad Company in territory contiguous to the Canal Zone shall, for the pur

pose [s] of this subdivision, be deemed to reside in the division nearest his place of residence. Jurors who are employed by the Panama Canal or the Panama Railroad Company shall receive their full pay for time attending court and shall not receive any other compensation from the court for their attendance as jurors. Any juror who is not an employee of the Panama Canal or the Panama Railroad Company shall be allowed a jury fee of $5 per diem during the time of his attendance. [The compensation of jurors shall be prescribed by order of the President.]

[(d)] The said district judge shall received the same salary as is allowed to United States district judges, and when holding court away from home shall be allowed the same mileage and per diem as is allowed to United States district judges [; he].

The district judge shall appoint the clerk of [said] the district court and [may appoint one assistant clerk and such other additional help as] the President may authorize [all of such officials and help shall receive such compensation as shall be prescribed by order of the President] the appointment of such deputy clerk or deputy clerks and clerical assistants to the judge and the clerk as he shall deem necessary, and all of such officials and employees shall receive such compensation as the President shall prescribe.

[(e) During the absence of the district judge or during any period of disability or disqualification from sickness or otherwise to discharge his duties, the same shall be temporarily performed by a special judge to be designated by the President, which designation may be made by cablegram or otherwise, and who shall be an attorney at law qualified to practice before the courts of the Canal Zone or any of the United States district courts or any of the superior courts of any State, Territory, or possession of the United States, and who during such service shall be paid at the same rate of compensation and the same mileage and per diem as that paid the district judge of the Canal Zone.]

When no special judge has been appointed and the district judge is absent from the Canal Zone and is in the United States or any of the Territories or possessions thereof, he may make in the place where he is any order or orders which in his discretion may be necessary, and which could have been made in chambers on the Canal Zone, notwithstanding the fact that such order or orders were made by him outside of the jurisdiction of said court. Any such order so made shall have the same force and effect as though made in chambers on the Canal Zone.

Whenever any such order is made as provided in this section the judge shall forward the same to the clerk of the court by mail. He shall also communicate the substance of such order to the clerk of the court by radio or other means, and upon the receipt of such message the clerk of the court shall proceed to have the same carried into effect as fully as though such procedure were had on a written order made by the judge in chambers.

The judge shall make rules respecting such radio procedure, including the fixing and the payment of the cost thereof, as may, in his discretion, be necessary.

[f] There shall be a district attorney for [said court, who shall be paid a salary of $5,000 per annum] the Canal Zone, whose compensation shall be fixed by the President.

It shall be the duty of the district attorney to conduct all legal proceedings, civil and criminal, for the Government of the United States and for the government of the Canal Zone, and it shall also be his duty [and] to advise the Governor of the Panama Canal [on all legal questions touching the operation of the canal and the administration of civil affairs] upon request of the latter, on matters pertaining to the office of the governor.

The district attorney shall be allowed such assistant district attorneys, clerks, and other employees as the President may authorize, and all of such officials and employees shall receive such compensation as the President shall prescribe.

There shall be a marshal of the said district whose compensation shall be fixed by the President. The said marshal shall be allowed such deputy marshals as the President may authorize, and such deputies shall receive such compensation as the President shall prescribe.

It shall be the duty of [the] said marshal to [execute all process of the court, preserve order therein, and do all things incident to the office of marshal. The marshal shall be paid a salary of $5,000 per annum.] attend the district court when sitting and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States or of the government of the Canal Zone, except process returnable to the magistrates courts; and he shall have power to command all necessary assistance in the execution of his duty. He shall perform such other duties, not inconsistent with law, as may be prescribed from time to time by the President.

[(g)] The district judge, the district attorney, and the marshal shall be appointed by the President, as heretofore, by and with the advice and consent of the Senate, for terms of four years each [and]. They shall continue to discharge the duties of their respective offices, unless sooner removed by the President until their successors [are] shall be appointed and qualify in their stead. During their term of office they [Each] shall reside within the Canal Zone, [during his term of office] and shall be allowed sixty days' leave of absence each year, with pay, under such regulations as the President may from time to time prescribe.

SECTION 9

The Panama Canal act was passed in 1912 just before the completion of the canal and provides for the organization of a permanent government and the permanent courts for the Canal Zone. The first paragraph of section 9 of the act deals with the transfer of records and pending cases from the former Canal Zone court to the district court established by the act, and provides for the discontinuance of the former courts. The second paragraph of section 9 provides that all existing laws in the Canal Zone governing the practice and procedure in the then existing courts should be applicable and adapted to the practice and procedure in the new court. This bill amends section 9 by omitting those provisions. The transfer of records and pending cases from the old courts that existed in the Canal Zone during construction days to the new court created by the Panama Canal act has long since been fully accomplished, and section 2 of the Panama Canal act ratifies and confirms laws which were adopted and promulgated for the government of the Canal Zone, including laws governing practice and procedure in the then existing Canal Zone courts. It is therefore unnecessary to continue these provisions any longer in the permanent law of the zone, because they are obsolete.

In existing law the right of appeal to the United States Circuit Court of Appeals is limited; but in the amendment which the committee proposes, the limitation is removed and the right of appeal is extended to all cases whereof original trial jurisdiction is in the district court.

Existing law provides that the Circuit Court of Appeals may exercise the appellate jurisdiction conferred upon it, "subject to the right of review by or appeal to the Supreme Court of the United States as in other cases authorized by law."

This bill amends that language by omitting the words "or appeal Legislation by Congress later than the Panama Canal act has abolished appeals to the Supreme Court of the United States and provided for a review by that court on writ of certiorari. This amendment is proposed in order to bring the Canal Zone law into harmony with existing law of the United States governing the review of judgments of courts of appeals by the United States Supreme Court. Section 9 of the Panama Canal act further provides "that it shall not be necessary in the district court of the Canal Zone to exercise separately the law and equity of jurisdiction vested in said court; and the Code of Civil Procedure of the Canal Zone and the rules of practice adopted in said zone, in so far as they authorize a blending of said jurisdiction in cases at law and in equity, are hereby confirmed.”

This bill amends that language and provides that "it shall not be necessary in the district court to exercise separately the law and equity jurisdiction vested in said court." Reference to the Code of Civil Procedure of the Canal Zone and to the rules of practice adopted

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