The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-02

the cause merely for the sake OF accom-
moEasIng the parties. Unte9s Al the cen
cisions necessary 70 bring the case E..n.n
the terms OK an act Of congress corfsrTsng
jurisdiction upon the eour- exists, tas cocr.
IS without power To pro.eed- Sections VI
and SC have reference 70 district courts and
circuit courts within TIE states OF the
Union. organized under laws enacted pGr-
suant 20 the judiciary Article Of Cur na-
sionai constitution, and these sections 90
rot comprehend Legislative courts. organ
lied within the territories belonging 70 the
United States under laws enacted by con-
gresz providing forms Of government for
The Character of the district court for
Alaska. and its relationship 10 our ma
tionaI judiciary system, is defined in the
decisions OF the supreme court IN McAlhs-
ter VS.. United States. IA United States,
i.+3oi. n re Cooper it3 United States. Az
5l3. Steamer Coquttlam vs.. United States:
court Is not a district court. comprehend
ed within the statutes above referred 20.
stu the law under which II was organized
eonsers upon II all the powers OF con .,,,a
an acr providing a civil government for
Alaska approved May II. 1854, Supple
nsent United States Revised Statutes. Sec
The language Of the statute defining the
Jurisdiction is broad and comprehensive.
and l should have no difficulty in holding
that, under the circumstances described
that court could transfer a case 10 this
court II this were a circuit court in an ad-
joining state. II is to be observed thai Sec
ton 81 does not authorize the transfer OF
q case from district court into any cir
cult court or into the most conveniently sit
ua.ed circuit court. The only circuit court
authorized 10 take Jurisdiction is circuit
court Of the same district: or II there be
no such circuit court. then a circuit court
in the same state, or IL there be no circuit
court IN the same state, then the next
convenient circuit court in an adjoining
state.
There Is no state adjoining the district
Of Alaska. The state OF Washington is the
nearest in proximity TO Alaska Of any state
there fntervenes strip Of foreign territory
several hundred miles in width. It Is not
lions as 20 their own jurisdiction 10 give
10 a word In the law defining its 1urtsiic-
ton, meaning more expansive than its
usual and ordinarily understood dean.tion,
SO as 10 assume wider range OF juris3ic-
ton: on the contrary, the rule Of strict
construction must be applied.
Congress might have authorized the
transfer of cause from the district court
10 the circuit court most convenient for
the parties TO attend, or 1t could have di-
rected the transfer to be made TO a circuit
court in neighboring state. but instead
OF doing So IL has prescribed the rl,le that
II there be no circuit court within the state.
the transfer must be made TO circuit
court which must be not only convenient.
but in an adjoining state. This means a
state having a common boundary line with
the district from which the case is to be
lie uSlilitaOE u the worn aa-
Joining is. 10 lie or be next 10. or in con-
tact-Weheters Dictionary: Crsbbe's En-
glish synonyms: Fernalds English Syno-
nyms, Antonyms and Propositions; l
American and English Encyclopedias Of
Law. Second edition, s2S. note ]. and nu-
merous authorities therein cited.
Il am forced TO conclude that the trans
fer of this case from the court in which IL
was commenced, to any other court. has
not been provided for by law and that this
court is not authorized 10 exercise iuris-
diction. and II will therefore be ordered
that the case be remanded 10 the United
States district court for Alaska"
George f. Wright and Lewis himself
who is a lawyer. were the attorneys for the
complainant In the case. Sam II. Piles
represented the defendant in the argument
OF the motion 10 remand. He stated yes
terday that he was informed that the other
side would not appeal from Judge Han
ford's decision, and that Ii was probable
the compliments in that case and In six
others similar would ask the next congress
for relief. either by providing that cases
may be transferred from the Alaska court
10 the courts OF the United States or that
the judges of the latter courts may go 20
Alaska 10 try cases in which the district
| Judge there is disqualified.