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THE

FEDERAL REPORTER.

VOLUME 85.

CASES ARGUED AND DETERMINED

IN THE

CIRCUIT COURTS OF APPEALS AND CIRCUIT
AND DISTRICT COURTS OF THE
UNITED STATES.

PERMANENT EDITION.

APRIL-MAY, 1898.

· A TABLE OF STATUTES CONSTRUED IS GIVEN
IN THE INDEX.

ST. PAUL:

WEST PUBLISHING CO.

1898.

COPYRIGHT, 1898,

BY

WEST PUBLISHING COMPANY.

RULES OF COURT.

UNITED STATES CIRCUIT COURTS OF APPEALS.

Fourth Circuit.

23.1

1. Hereafter all records shall be printed under the supervision of the clerk, by such printer and at such rate as the court may designate. 2. Upon the payment of the estimated cost of printing, together with the supervising fees as established by law (which amounts shall be deposited with the clerk within ten days after notice thereof), the clerk shall cause to be printed thirty copies of the record, twenty copies of which shall be filed for the use of the court, three copies furnished to the adverse party, and the remaining copies delivered to the appellant or plaintiff in error at least ten days before the term or adjourned term.

3. The parties may stipulate in writing that parts only of the record shall be printed, and the case may be heard on the parts so printed, but the court may direct the printing of other parts of the record.

4. If the record shall not have been printed when the case is reached in the regular call of the docket, the case may be dismissed.

5. In case of reversal, affirmance, or dismissal, with costs, the amount paid for the printing of the record and the clerk's fees for supervising the same, shall be taxed against the party against whom costs are given.

Adopted and amended May 19, 1898.

Ninth Circuit.

36.2

Rule 36 of the United States circuit court of appeals for the Ninth circuit was amended on May 3, 1898, by adding thereto the following section:

(3) A term of this court shall be held annually in the city of Seattle in the state of Washington and in the city of Portland in

1 For rule as originally adopted in the Fourth circuit, see 21 C. C. A. Ivill., 78 Fed. lviii.

2 For rule originally adopted in the Ninth circuit, see 21 C. C. A. cviii., 78 Fed. cviii.

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the state of Oregon. The Seattle term shall be held beginning upon the second Monday in September and the term at Portland shall be held beginning upon the third Monday in September. All ap peals and writs of error from the circuit and district courts for the district of Washington shall be heard at said annual term in the city of Seattle, unless it is stipulated by the parties thereto that they be heard at San Francisco. All appeals and writs of error from the circuit and district courts for the district of Oregon shall be heard at said annual term in the city of Portland, unless it is stipulated by the parties thereto that they be heard at San Francisco. Appeals and writs of error from the circuit and district courts for the districts of Idaho and Montana may, upon the stipulation of the parties thereto, be heard at the annual term to be held either at Seattle or Portland.

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JUDGES

OF THE

UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS.

FIRST CIRCUIT.

Hon. HORACE GRAY, Circuit Justice.

Hon. LE BARON B. COLT, Circuit Judge.

Hon. WILLIAM L. PUTNAM, Circuit Judge.

Hon. NATHAN WEBB, District Judge, Maine.

Hon. EDGAR ALDRICH, District Judge, New Hampshire.
Hon. THOMAS L. NELSON, District Judge, Massachusetts.1
Hon. FRANCIS C. LOWELL, District Judge, Massachusetts.2
Hon. ARTHUR L. BROWN, District Judge, Rhode Island.

SECOND CIRCUIT.

Hon. RUFUS W. PECKHAM, Circuit Justice.
Hon. WILLIAM J. WALLACE, Circuit Judge.
Hon. E. HENRY LACOMBE, Circuit Judge.

Hon. NATHANIEL SHIPMAN, Circuit Judge.

Hon. WILLIAM K. TOWNSEND, District Judge, Connecticut.
Hon. ALFRED C. COXE, District Judge, N. D. New York.
Hon. ADDISON BROWN, District Judge, S. D. New York.
Hon. CHARLES L. BENEDICT, District Judge, E. D. New York.
Hon. ASA W. TENNEY, District Judge, E. D. New York.4
Hon. EDWARD B. THOMAS, District Judge, E. D. New York.
Hon. HOYT H. WHEELER, District Judge, Vermont.

THIRD CIRCUIT.

Hon. GEORGE SHIRAS, Jr., Circuit Justice.
Hon. MARCUS W. ACHESON, Circuit Judge.

Hon. GEORGE M. DALLAS, Circuit Judge.

Hon. EDWARD G. BRADFORD, District Judge, Delaware.
Hon. ANDREW KIRKPATRICK, District Judge, New Jersey.

Hon. WILLIAM BUTLER, District Judge, E. D. Pennsylvania.

Hon. JOSEPH BUFFINGTON, District Judge, W. D. Pennsylvania.

'Deceased November 21, 1897.

"Commissioned January 10, 1898.

'Resigned June 5, 1897, to take effect on appointment of successor.

Confirmed July 8, 1897 Deceased December 10, 1897.

'Commissioned February 15, 1998.

'Confirmed May 11, 1897.

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