of the United States the benefit of copyright on substantially the same basis as to the citizens of Cuba:

benefits ex

NOW, THEREFORE, I, THEODORE ROOSEVELT, Pres- Copyright ident of the United States of America, do declare and tended to citiproclaim that the first of the conditions specified in sec- zens of Cuba. tion 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of Cuba.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this 17th day of November one thousand nine hundred and three [SEAL.] and of the independence of the United States the one hundred and twenty-eighth.

By the President:

JOHN HAY

THEODORE ROOSEVELT

Secretary of State.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, No. 15.

A PROCLAMATION.

Dec. 28, 1903.

33 Stats. L., pt. 2, p. 2329.

Whereas, the maintenance of light-houses and other Preamble. aids to navigation in the Territory of Hawaii is necessary for the safe navigation of the waters thereof by the vessels of the Navy and of the merchant marine of the United States, and for the promotion of its commercial interests,

Light-house

uses, etc., of

Now, therefore, I, Theodore Roosevelt, President of Hawaii. the United States, by virtue of the authority in me vested, establish ment and pursuant to Section 91 of the Act of April 30, 1900, of, taken for entitled An Act to provide a government for the Terri- the United tory of Hawaii, do hereby declare and proclaim that all States, the public property of the former government of the Republic of Hawaii ceded heretofore to the United States, consisting of light-houses and the public lands adjacent thereto and used in connection therewith, to the extent of five acres, or thereabout, adjacent to each light-house, when practicable to obtain so much, the exact location of said land and its metes and bounds to be hereafter determined and defined by the Light-House Board, light-vessels, light-house tenders, beacons, buoys, sea-marks and their appendages, and all apparatus, supplies and materials of all kinds provided therefor, and all the archives, books, documents, drawings, models, returns, and all other things appertaining to any light-house establishment maintained by the said government of the former Republic of Hawaii, be and hereby are taken for the uses Placed under and purposes of the United States, and the Department Department of of Commerce and Labor, through the Light-House Board, Labor.

Commerce and

is hereby charged with all administrative duties relating to the said light-house establishment.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this twenty-eighth day of December, in the year of our Lord one thousand nine hundred and three, and of the independ[SEAL.] ence of the United States the one hundred and twenty-eighth.

By the President:

FRANCIS B. LOOMIS

THEODORE ROOSEVELT

Acting Secretary of State.

APPENDIX.

LEADING CASES, WITH STATEMENTS AND SYLLABI, WHICH AROSE IN OR
RELATE TO THE INSULAR AND ISTHMIAN POSSESSIONS OF THE UNITED
STATES, AND CUBA, HEARD AND DECIDED IN THE SUPREME
COURT OF THE UNITED STATES BETWEEN JANUARY

1, 1898, AND DECEMBER 3, 1906.

287

DECISIONS OF THE SUPREME COURT.

Supreme Court of the United States.

IN RE VIDAL. JOSÉ JUAN VIDAL ET AL.

Application for leave to file a petition for a writ of certiorari. (179 U. S. 126.)

Original. No number. Submitted April 23, 1900. Decided November 12, 1900.

SYLLABUS.

Section 716, Rev. Stat., does not empower this Court to review the proceedings of military tribunals by certiorari.

The act of April 12, 1900 (c. 191), having discontinued the tribunal established
under that act, and created a successor, authorized to take possession of
its records and to take jurisdiction of all cases and proceedings pending
therein, this Court has no jurisdiction to review its proceedings.
Such tribunals are not courts with jurisdiction in law or equity, within the
meaning of those terms as used in article 3 of the Constitution.

Opinion by Fuller, C. J. No dissenting opinion.
Leave denied.

This was an application for leave to file a petition for writ of certiorari to test the validity of the judgment of the United States provisional court of Porto Rico in a quo warranto proceeding to oust petitioner and others from municipal offices in the town of Guayama.

Supreme Court of the United States.

Charles F. W. Neely, Appellant, v. Wm. Henkel, United States Marshal, etc., Appellee (No. 1).

Appeal from the circuit court of the United States for the southern district of New York.

(180 U. S. 109.)

No. 387. October term, 1900.

Argued December 10 and 11, 1900. Decided January 14, 1901.

SYLLABUS.

There is no merit in the contention that Article 401 of the Penal Code of Cuba, which provides that the public employe, who, by reason of his office, has in his charge public funds or property, and takes or consents that others should take any part therefrom, shall be punished, applies only to persons in the public employ of Spain. Spain having withdrawn from the island, its successor has become "the public," to which the code, remaining unrepealed, now refers.