66

from the decision of that commissioner in any interference case.3 It has also jurisdiction of appeals from the decisions of the commissioner upon an application for the registration of a trademark, or for the cancellation of such a registration, or upon an interference as to a trademark. In the last class of cases, the appeal may be taken by an applicant for a registration, or a party to an interference, or a party who has filed opposition to a registration, or a party to an application for the cancellation of a registration.5 In these classes of cases, when an appeal is taken to the Court of Appeals of the District of Columbia, the appellant shall give notice thereof to the Commissioner, and file in the Patent-Office, within such time as the commissioner shall appoint, his reasons of appeal, specifically set forth in writing. The court shall, before hearing such appeal, give notice to the Commissioner of the time and place of the hearing, and on receiving such notice the Commissioner shall give notice of such time and place in such manner as the court may prescribe, to all parties who appear to be interested therein. The party appealing shall lay before the court certified copies of all the original papers and evidence in the case, and the Commissioner shall furnish the court with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal. And at the request of any party interested, or of the court, the Commissioner and the examiners may be examined under oath, in explanation of the principles of the thing for which a patent is demanded." "The court, on petition, shall hear and determine such appeal, and revise the decision appealed from in a summary way, on the evidence produced before the Commissioner, at such early and convenient time as the court may appoint; and the revision shall be confined to the points set forth in the reasons of appeal. After hearing the case the court shall return to the Commissioner a certificate of its proceedings

3 D. C. Code, § 228, 27 St. at L. 436, 9, Comp. St. 3391, 5 Fed. St. Ann. 502; McKnight v. Metal Volatilization Co., 128 Fed. 51.

434 St. at L. 1251, §9; Pierce's Fed. Code, § 8815; McKnight v. Metal Volatilization Co., 128 Fed.

5 Ibid.

6 U. S. R. S., § 4912, 5 Fed. St. Ann. 505, Pierce's Fed. Code, § 8777. 7 U. S. R. S., § 4913, 5 Fed. St. Ann. 506, Pierce's Fed. Code, $ 8778.

and decision, which shall be entered of record in the PatentOffice, and shall govern the further proceedings in the case. But no opinion or decision of the court in any such case shall preclude any person interested from the right to contest the validity of such patent in any court wherein the same may be called in question.''8 The statute authorizing such appeals is constitutional. It does not repeal10 the prior statutes authorizing subsequent bill in equity to compel the issue of patents11 and for relief. against interfering patents, 12 which are discussed in a subsequent section of this work.18 Upon appeals to the Court of Appeals from the District of Columbia in interference cases, the question. in issue is merely the priority between the two inventors, and whether either of them was the original inventor is not to be determined.14

The

§ 70. Jurisdiction of District Court of Porto Rico. District Court of the United States for Porto Rico has the ordinary jurisdiction of the District Courts of the United States. It has jurisdiction over all controversies where the parties, or either of them, are citizens of the United States, or citizens or subjects of a foreign State or States; wherein the matter in dispute exceeds, exclusive of interest or costs, the sum or value of $1,000.1 This includes a suit between two subjects of a foreign government. Unless a Federal question is involved it has no jurisdiction over controversies in which any litigant on either side is not a citizen of the United States or a subject of a foreign country, such as a suit where the sole plaintiff is a citizen of Porto Rico, and one or more of the defendants are citizens of the United States or aliens.3 The laws of the United States relating to appeals, writs of error and certiorari which apply to the Supreme Courts of the Territories and

8 U. S. R. S., § 4914, Pierce's Fed. Code, § 8779.

9 U. S. v. Duell, 172 U. S. 576. 10 McKnight v. Metal V. Co., 128 Fed. 51; Dover v. Greenwood, 143 Fed. 136.

11 U. S. R. S., § 4915, 5 Fed. St. Ann. 507; Pierce's Fed. Code, § 8780.

12 U. S. R. S., § 4918, 5 Fed. St. Ann, 526.

13 Infra, § 147.

14 Wheaton v. Kendall, 85 Fed. 666.

$ 70. 131 St. at L. 77, 84, 85. 2 Ortega v. Larga, 202 U. S. 339, 50 L. ed. 1055.

3 Cuebas v. Cuebas, 223 U. S. 376, 56 L. ed. 476.

those relating to the removal of causes and other matters and proceedings as between the courts of the United States and the courts of the several States, govern in such matters and persons, as between the District Court of the United States and the courts of Porto Rico. The Supreme and District courts of Porto Rico, and the judges thereof, may grant writs of habeas corpus, in all cases in which the same can be made by the judges of the District Courts of the United States.5 The District Court of the United States for Porto Rico is not a constitutional court of the United States. Its authority emanates wholly from Congress, under the sanction of its power to govern territory occupying the relation that exists between Porto Rico and the United States.7 When Congress has not legislated upon the subject, the local law of Porto Rico remains in force. The statute laws of the United States not locally inapplicable have the same force and effect in Porto Rico as in the United States, except the revenue laws. is subject to the provisions of the Revised Statutes 10 providing for the surrender of fugitive criminals by Governors of Territories. The Employers' Liability Act12 and the Safety Appliance Acts,13 are there in force. The sections of the Revised Statutes regulating bills of exceptions apply to the District Court. of the United States for Porto Rico.14 It is undetermined whether the provisions of the Code of Civil Procedure of Porto Rico upon that subject apply to that court.15 All pleadings and proceedings in this court must be conducted in the English language.16 The court has jurisdiction of a suit by members of a firm located in Porto Rico against subjects of Spain although

431 St. at L. 84, 85, 953.

531 St. at L. 86.

6 Romeu v. Todd, 206 U. S. 358, 51 L. ed. 1093.

7 Ibid.

8 Ibid.

9 Act of April 12, 1900, 31 St. at

L. 7780, Ch. 191, § 14.

10 U. S. R. S., § 5278.

11 Kopel v. Bingham, 211 U. S. 468, 53 L. ed. 286.

12 Act of April 22, 1908, 35 St. at L. 65, 291 Ch. 149; Am. R. R. Co.

It

the citizenship of the members of the firm does not appear.17 In a suit brought by a citizen of the island against a foreign subject the jurisdiction is not ousted because on the application of the Attorney General, Porto Rico is substituted for the defendant.18 The court has power to enjoin a railway company from violating the statute regulating rates. 19 The court has no probate jurisdiction.20 It cannot in a suit to cancel a mortgage and foreclosure proceedings declare the plaintiffs the only heirs at law of the mortgagor.21 The court has no jurisdiction in a suit against the Government of Porto Rico22 without its con- . sent 23 except perhaps in a suit affecting property which is an escheat.2 24 The court has power to allow the Government of Porto Rico to intervene in a pending suit in a proper case.25

§ 70a. Jurisdiction of District Court of the Canal Zone. "There shall be in the Canal Zone one district court with two divisions, one including Balboa and the other including Cristobal; and 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. The rules of practice in such district court shall be prescribed or amended by order of the President. The said district court shall have original jurisdiction of all felony cases, of offenses arising under section ten of this Act, all causes in equity; admiralty and all cases at law involving principal sums exceeding three hundred dollars and all appeals from judgments rendered in magistrates' courts. The jurisdiction in admiralty herein conferred upon the district judge and the district court shall be the same that is exercised by the United States district judges and the United States district courts, and the procedure and practice shall also be the The district court or the judge thereof shall also have jurisdiction of all other matters and proceedings not herein

same.

provided for which are now within the jurisdiction of the Supreme Court of the Canal Zone, of the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof. Said judge shall provide for the selection, summoning, serving, and compensation of jurors from among the citizens. of the United States, to be subject to jury duty in either division. of such district, and a jury shall be had in any criminal case or civil case at law originating in said court on the demand of either party. There shall be a district attorney and a marshal for said district. It shall be the duty of the district attorney to conduct all business, 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. 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 district judge, the district attorney, and the marshal shall be appointed by the President, by and with the advice and consent of the Senate, for terms of four years each, and until their successors are appointed and qualified, and during their terms of office shall reside within the Canal Zone, and shall hold no other office nor serve on any official board or commission nor receive any emoluments except their salaries. The district judge shall receive the same salary paid the district judges of the United States, and shall appoint the clerk of said court, and may appoint one assistant when necessary, who shall receive salaries to be fixed by the President. The district judge shall be entitled to six weeks' leave of absence each year with pay. During his absence or during any period of disability or disqualification from sickness or otherwise to discharge his duties the same shall be temporarily performed by any circuit or district judge of the United States who may be designated by the President, and who, during such service, shall receive the additional mileage and per diem allowed by law to district judges of the United States when holding court away from their homes. The district attorney and the marshal shall be paid each a salary of five thousand dollars per annum." 1

"The President is authorized to determine or cause to be determined what towns shall exist in the Canal Zone and subdi$ 70a. 137 St. at L. 565. Comp. St., § 10044.