The municipal court has succeeded to the jurisdiction of the former justices of the peace,21 and exercises only the jurisdiction of the former justices' courts, including forcible entry and detainer, debt, damages or trespass for $100 or less, and slander. It has no criminal jurisdiction, except the issue of warrants.22

A court of appeals of the District was created by the Act of February 9, 1893,23 with three judges. It has appellate jurisdiction over the supreme court of the District, the appellate power of that court being abolished. It is also given jurisdiction of appeals from the decisions of the Commissioner of Patents, including interference cases in the patent office. Final decrees and judgments of this court are reviewable by the Supreme Court in the cases in which it may review cases coming directly from the district court, and the Supreme Court may also issue a certiorari in any case before the court of appeals. That court may certify questions of law to the Supreme Court for its direction.24

118. Consular courts.-Judicial authority has for a long time been conferred upon American ministers and consuls in eastern countries, over citizens of the United States residing or being therein, for the enforcement of the treaties and federal laws which are applicable. When sitting as courts under such authority these diplomatic officers are known as consular courts. They exist in China, Japan, Korea,

21 35 Stats. at Large, p. 623.

22 Same; U. S. Rev. Stats. relating to District of Columbia, p. 117, § 998. 23 27 Stats. at Large, p. 434.

24 Judicial Code, §§ 250, 251.

Siam, Madagascar, Persia, Tripoli, Tunis, Morocco and Samoa, and may exist in any country with which the United States may negotiate treaties giving judicial authority to the American consul-general or consul.25 They are governed by the treaty, the laws of the United States, statutory and common, and the laws of the countries to which the consular officers are accredited respectively.26 In Turkey and Egypt the consular courts have been suspended by the President, under an act of Congress giving such authority, when he should be satisfied that these foreign courts could afford satisfactory service to the same extent as the consular courts.27

Their jurisdiction. They may try They may try and punish crimes by citizens of the United States in their respective countries, or on the sea, as well as offenses by seamen of any nationality on American vessels.28 Consuls sitting alone may try such cases when the fine does not exceed $500, or the imprisonment sixty days. Other offenses are triable by the minister,29 except those the facts of which are within the consul's knowledge or which he believes to be true, in which cases he may personally try them.30 In cases where the fine exceeds $100, or the term sixty days, an appeal is given to the minister.31 The latter may

25 U. S. Rev. Stats., §§ 4083, 4111, 4125-7, 4129, as amended, 32 Stats. at Large, p. 87.

26 Same, § 4086; Dainese v. Hale, 91 U. S. 13, 23 L. Ed. 190.

27 18 Stats. at Large, p. 23; 19 Stats. at Large, p. 652.

28 U. S. Rev. Stats., §§ 4083-4; In re Ross, 140 U. S. 453, 11 Sup. Ct. 897,

35 L. Ed. 581.

29 Same, § 4089.

30 Same, § 4087.

31 Same, § 4089.

decide the case on the evidence below, or take new proofs.32 Appeals might be taken from any final judgment of the minister in Japan or China in a criminal case to the former circuit court for California on a question of law,33 but this has been changed as to China by the act creating the United States Court for China.34

Of civil cases the consul may hear such as the applicable treaty authorizes, and on contracts at the port where, or nearest to which, they were made or executed, and on other matters at the port where, or nearest to which, the controversy arose or the damage was sustained.35 Appeals in Japan go to the minister when the matter in dispute exceeds $500 and does not exceed $2,500, costs excluded.30 If it exceeds $2,500 an appeal lies to the district court for California, and likewise from the minister's decisions in the exercise of his original jurisdiction, when the matter in dispute exceeds $2,500.37 The jurisdiction of the minister in all civil cases is appellate only except when the consular officer is interested either as party or witness, when the minister has original jurisdiction.38 In murder and insurrection and felonies against the public peace, the minister has original jurisdiction, and in other criminal cases only the power of review.39 Ministers exercise the principal

32 U. S. Rev. Stats., § 4091.

33 Same, § 4095.

34 34 Stats. at Large, p. 815.

35 U. S. Rev. Stats., § 4055.

36 Same 4092.

37 Same, §§ 4093-4. It is not clear whether appeals go to the Northern or Southern District; probably to either.

38 Same, § 4109.

39 Same.

diplomatic functions, and consuls those of the consulgeneral, vice-consul-general, consul or vice-consul.40 In certain cases consuls may summon associates to sit with them.41

Consular courts in China. The Act of 1906, creating the United States Court for China, transfers the jurisdiction of consuls except in civil cases not exceeding $500, and in criminal cases where the punishment cannot exceed $100 or sixty days' imprisonment; and appeals from all final judgments of the consular courts in China may be taken to this federal court.42

119. The United States Court for China.-The purpose of the Act of 190613 creating this court was to give to American citizens charged with crime in China the benefit of a trial under the safeguards of the Constitution, the presumption of innocence, exemption from self-incrimination, and confrontation with the witnesses.14 The court holds sessions at Shanghai, Canton, Tientsin and Hankau, and may hold one at any United States consulate.45 Its jurisdiction is similar to that of the consular courts as it existed prior to the statute, and it has appellate power from their final judgments in China and Korea. Consuls are required to file in this court an inventory of the property and debts of any citizen of the United States, or of any territory belonging thereto, who may die in China.46 die in China.46 All final judgments

40 U. S. Rev. Stats., § 4130; In re Baiz, 135 U. S. 403.

and decrees of this court may be reviewed by the court of appeals of the ninth circuit, and thence by the Supreme Court, as in other cases.

47

Military and Naval Courts.

120. Military provisional courts.-The President, as commander in chief of the army and navy, has power to establish civil and criminal courts in territory occupied by the military or naval forces, as was done in Porto Rico, the Philippines, and the Island of Guam; *7 and Congress may provide for the transfer of cases in these courts to the succeeding territorial or federal courts.48 A court established by proclamation of the commanding general in military occupation of a city was presumed to have been authorized by the President." Appellate courts of this kind may be created in the same manner.50 No review of the judgment of a provisional court can be had except in such an appellate court.

121. Courts martial.-The Revised Statutes provide for courts martial for the trial of cadets at the West Point Military Academy.51 They are convened by the superintendent, who executes the sentence, except for suspension or dismissal. In respect to military courts martial the Articles of War, which also apply to the regular army in time of peace, provide a complete code of offenses and punishment.52

47 The Grapeshot, 9 Wall. 129 (U. S.), 19 L. Ed. 651.

48 Leitensdorfer v. Webb, 20 How. 176 (U. S.), 15 L. Ed. 891. 49 Burke v. Miltenberger, 19 Wall. 519 (U. S.), 22 L. Ed. 158. 50 See case in note 48.

51 U. S. Rev. Stats., § 1326.

52 Same, § 1342.