violation of the federal statutes, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion, or any lottery ticket or any advertisement of any lottery, may issue, conformably to the constitution, a warrant directed to the marshal or any deputy marshal in the proper district, directing him to search for, seize, and take possession of any such article or thing mentioned aforesaid, and to make an immediate return thereof to the end that the same may be condemned and destroyed by proceedings which shall be conducted in the same manner as other proceedings in the case of municipal seizure, and with the same right of appeal or writ of § 650. Jurisdiction of actions to recover penalties for violations of The Safety Appliances Act.-The district courts are vested with jurisdiction of actions of debt for the recovery of penalties for violations of the act of congress "to promote the safety of employes and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes." This act makes it unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the train-brake system, or to run any train in such traffic that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose, or to haul or to permit to be hauled or used on its lines any car used in moving interstate traffic not equipped with couplers coupling automatically by impact and which can be uncoupled without the necessity of men going between the ends of the cars, or to use any car in interstate commerce that is not 72 30 U. S. Stat. at L. ch. 11, secs. 16, 17, 18, pp. 208, 209; 3 Fed. Stat. Anno. 317, 318, 319. provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars; and the act imposes upon the carrier a penalty of one hundred dollars for each and every violation of the provisions of the act, to be recovered in a suit or suits by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed.73 § 651. Jurisdiction of suits pending in territorial courts upon admission of the territory as a state.-It. is provided by federal legislation that, when any territory is admitted into the Union as a state, and a district court is established therein, such district court shall take cognizance of all cases which were pending and undetermined in the superior court of such territory, from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals taken to the supreme court, and shall proceed to hear and determine the same;74 and all the records of the proceedings in such cases, and all the records of the proceedings in like cases in which judgments or decrees shall have been rendered in such territorial courts before the time of its admission as a state, shall be transferred to and deposited in the district court for such state; 75 and it shall be the duty of the district judge to demand of the clerk, or other person, having possession or custody of the records of the above mentioned class of cases, the delivery thereof, to be deposited in said district court, and in case of the refusal of such clerk or person to comply with such demand, the district judge shall compel the delivery of such records by attachment, or otherwise, according to law.76 § 652. All issues of fact in actions at law tried by jury.-In the district courts of the United States, in actions at common 78 27 U. S. Stat. at L. ch. 196, p. 531; 29 U. S. Stat. at L. ch. 87, p. 85; 6 Fed. Stat. Anno. pp. 752753; 32 U. S. Stat. at L. ch. 976, pp. 943-944. 74 U. S. Rev. Stat. Sec. 569; 4 Fed. Stat. Anno. 238; 1 U. S. Comp. Stat. 1901, 462; Benner v. Porter, 9 How. 234 (13:119); For syth v. United States, 9 How. 571 (13:262); McNulty v. Batty, 10 How. 78, 80 (13:335). 75 U. S. Rev. Stat. sec. 567; 4 Fed. Stat. Anno. 237; 1 U. S. Comp. Stat. 1901, 462. 76 U. S. Rev. Stat. sec. 568; 4 Fed. Stat. Anno. 238; 1 U. S. Comp. Stat. 1901, 462. 77 and there is no law, all issues of fact are tried by a jury; provision of law authorizing the waiving of a jury, and a trial of issues of fact, in an action at common law, in those courts, by the court, the federal statutes upon that subject applying to the circuit courts only.78 77 U. S. Rev. Stat. sec. 566; 4 Fed. Stat. Anno. 236; 1 U. S. Comp. Stat. 1901, 461. 78 Rogers v. U. S., 141 U. S. 548, 556 (35:853); 4 Fed. Stat. Anno. 236, 237, collecting authorities. common-law action of, 901, 902. concurrent jurisdiction in equity, ACTIONS AT COMMON LAW- same as case in law, 164. 902. embrace all suits to settle legal rights, 164, 892. ADMIRALTY AND MARITIME JURISDICTION— vested exclusively in the federal judiciary, 506–604. maritime code of the United States, 510-518. f power of congress to legislate on the subject, 510, 511. general maritime law, how far in force, 509-512. limited liability act, 513. Harter act, 514. acts concerning seamen, 515. acts against violation of neutrality, 516., law of the high seas, 517, 518. two classes of civil cases in admiralty. prize causes governed by laws of nations. power of congress to make rules concerning, 521. seizure of piratical vessels, 523, 524. navigable waters defined, 524-535. not ceded to the federal government, 535.' [References are to sections.] ADMIRALTY AND MARITIME JURISDICTION (continued) history of federal legislation concerning, 537-540. maritime contracts, 544. maritime liens, 541-556. states may create, 541, 542. marine torts, 544, 549. forms of suits in admiralty, 557-559. jurisdiction of the district courts, 560-604. contracts, 561. torts, 562, 563. liens, 564, 565. material-men, 566. seamen's wages, 567, 568. master's wages, 569. towage, 570. pilotage, 571, 572. salvage, 573, 574. general average, 675. marine insurance, 576. marine hypothecation, 577. bottomry bonds, 578. respondentia bonds, 579. affreightment contracts, 580. transportation of persons, 580a. charter-party, 581. demurrage, 582. stevedores, 583. wharfage, 584. lighterage, 585. consortship, 586. petitory and possessory suits, 587. collisions, 588-592. destruction of beacon, 593. sea battery, 594. marine tort resulting in death, 595-593. limited liability act, 597. maritime seizures, 599–600. restitution of vessels, 601. prize jure belli, 602. interventions, 604. venue of suits in admiralty, 590, 600, 603, 604. common-law remedy, 591. AFRICAN RACE- status prior to the late constitutional amendments, 213. |