CHINESE-EXCLUSION CASES.

731. Any designation of a commissioner under section 1 of the act of March 3, 1901 (see 31 Stat., 1093), should be reported to the Attorney General at once.

732. When an order of discharge is entered, establishing the lawfulness of the residence of a Chinese person in the United States by a court or commissioner, the clerk or commissioner should be instructed, if demand is made for additional certified copies of the order, to mark upon each successive copy furnished the words "first," "second," etc., and also the words "extra copy issued on account of loss of original."

INSTITUTION, PROSECUTION, SETTLEMENT AND DEFENSE OF CIVIL SUITS AND REPORTS RELATING THERETO.

733. Prompt report should be made to the Attorney General of any infringement of the property or other interests of the Government warranting the institution of civil proceedings. Unless in case of exigency, where some material interests of the Government will suffer by delay, no civil suit should be instituted or defense interposed until reports have been made and appropriate instructions given.

734. When advice or information is desired as to the institution, conduct, or disposition of any suit by or against the United States, request therefor should be transmitted to the Attorney General, accompanied by a clear and succinct statement of facts, the points of law involved, the authorities deemed applicable, and the opinion of the district attorney.

735. After judgment is perfected, execution should be placed in the hands of the marshal at the earliest practicable moment, with instructions for prompt and diligent action by that officer, and the district attorney should see to it that such action is taken, reporting to the Attorney General any delinquency by the marshal.

736. Except where authorized by law, district attorneys will not receive payment of any demand made in behalf of the United States. Unless otherwise provided by law or specific instructions, the money should be paid to the clerk of the court.

737. The Solicitor of the Treasury has been designated by the Attorney General to superintend the collection of debts due to the Post Office Department, including penalties and forfeitures imposed. A report of all such proceedings should be made to the solicitor.

738. Other reports required by the Solicitor of the Treasury, with the approval of the Attorney General, shall be made upon appropriate forms to be furnished by the solicitor.

739. The district attorney should report to the Attorney General any property belonging to the United States which is not receiving

proper care, any claim in favor of the Government not in his hands which in his opinion can be collected, and any default of any officer or employee of the Government or other person engaged in the collection of any debt due the United States or of the customs revenue or in the disbursement of Government funds.

740. Where an offer is made to settle by compromise a suit brought by the Government or claim transmitted by the Attorney General for prosecution, the district attorney shall transmit to the Attorney General the said offer, a full statement of facts, his recommendation in favor of or against the acceptance thereof, and reasons therefor. The procedure provided in section 3469, Revised Statutes, does not apply in such instances.

SUITS AGAINST THE UNITED STATES.

743. If suit is brought against the United States in the United States District Court, under the act of March 3, 1887 (see 24 Stat., 506; Judicial Code, sec. 24, par. 20), the department should be promptly advised and the necessary data in the executive departments for defense will be furnished.

744. In case of judgment or decree adverse to the Government, the procedure prescribed in section 7 of the act (see 24 Stat., 507) should be pursued.

745. Requests for findings which set out in the fullest detail all pertinent facts should be made. In case of refusal by the court to make findings upon any material question of fact requested, exception should be reserved.

746. The record upon appeal or writ of error from decisions under this jurisdiction should not contain the evidence.

APPEALS AND WRITS OF ERROR.

The following instructions in relation to Government cases which may hereafter be taken to the United States Circuit Courts of Appeals or to the Supreme Court of the United States by appeal, writ of error, or otherwise, should be strictly followed:

DISTRICT COURT.

APPROVAL OF PLEADINGS.

747. Duplicate copies should be sent to the department of all bills in equity, declarations, and other pleadings which require the approval of the Attorney General, in order that one copy may be retained for the department files, and, if afterwards printed, at least two copies should be sent to the department.

895-16-10

REPORTING DECISIONS, SENDING COPIES OF BRIEFS, ETC.

747a. Advise the department promptly of the decision by the District Court of the United States of Government cases which are of sufficient importance to be taken, by either party, to the Circuit Court of Appeals or to the Supreme Court for review. This report is entirely distinct from that required for the Attorney General's annual report, from reports under the act of March 3, 1887 (24 Stat., 507), and from those required to be made to any other officer. It should state fully the questions of fact and law involved in the case and the decision, the recommendation of the district attorney, the reasons therefor, and be accompanied by copies of the court's opinion and the briefs or lists of authorities used by both sides at the trial.

CIRCUIT COURT OF APPEALS.

APPEALS BY UNITED STATES.

748. No appeal shall be taken to or writ of error sued out from a Circuit Court of Appeals in any Government case without the express authorization of this department. If requested to take such action by an officer of any other department, send a copy of his request immediately to the department. If, however, time does not permit, take the action requested and report to the department for instructions as to whether the appeal shall be prosecuted.

APPEALS BY OTHER SIDE.

748a. When Government cases are taken to the Circuit Court of Appeals by the other side, advise the department thereof at once, stating when the case was docketed for review, its numbers in the Circuit Court of Appeals and in the lower court, and the question and amount involved:

FORWARDING COPIES OF RECORDS, BRIEFS, ETC.

748b. Send a copy of the record, when printed, and of each brief or other paper, when filed. When the case is decided send promptly a copy of the opinion of the court, with any recommendation or suggestion you may desire to make.

RECORDS, PRINTING IN CASES TO BE TAKEN TO SUPREME COURT. 748c. Where the record is voluminous in any Government case, pending in a District Court, or in a Circuit Court of Appeals, which is to be taken to the Supreme Court, or in any case in which it is reasonably certain that either party will appeal to the Supreme Court, arrangements should be made with opposing counsel for the printing of at least thirty extra copies thereof, so as to avoid the necessity for reprinting in the Supreme Court; the cost of the extra copies to be paid by the party taking the appeal to the Supreme Court.

RECORDS, PRINTING, IN SUPREME COURT.

748d. In no case, however, in which an appeal is taken to or a writ of error sued out from the Supreme Court to a District Court, or to a Circuit Court of Appeals, shall district attorneys undertake to have the transcript of the record printed. Such records are printed directly under the supervision of the clerk of the Supreme Court. BRIEFS, PRINTING, IN SUPREME COURT.

748e. See section 696a as to printing briefs.

RECORDS, REDUCTION, ON APPEAL.

748f. Your attention is directed to the equity rules, promulgated by the Supreme Court on November 4, 1912, and particularly to rules 75, 76, and 77, in relation to records on appeal.

CASES FROM ALASKA, HAWAII, AND PORTO RICO.

748g. Cases from Alaska and Hawaii are reviewable in the Circuit Court of Appeals for the Ninth Circuit, under sections 134, and 128 and 116, respectively, of the Judicial Code, and cases from the District Court for Porto Rico are reviewable in the Circuit Court of Appeals for the First Circuit, under the provisions of the act of January 25, 1915 (38 Stat. L., 803, 804). Such cases should be promptly reported to the department so that instructions for review, if any, may be given. Definite. instructions to the district attorney to look after the case in the Circuit Court of Appeals, or to turn it over to the district attorney for the district in which the court is sitting, will be given in each case by the department.

SUPREME COURT.

CITATIONS, ON APPEAL OR WRIT OF ERROR.

749. Promptly furnish to the department copies of citations served upon you in Government cases taken to the Supreme Court, sending at the same time, unless theretofore transmitted, copies of the record in the Circuit Court of Appeals, briefs on both sides, etc., and the opinion of the court.

APPEALS, BY UNITED STATES.

749a. No appeal shall be taken to or writ of error sued out from the Supreme Court in any Government case without the express authorization of this department. If requested to take such action by an officer of any other department, send a copy of his request immediately to the department. If, however, time does not permit, take the action requested and report to the department for instructions as to whether the appeal shall be prosecuted.

FORWARDING TRANSCRIPT OF RECORD.

749b. When directed to take an appeal or sue out a writ of error on behalf of the United States, notify the department of the date of the allowance of the appeal or the suing out of the writ of error, and have the certified transcript of the record sent direct to the department (not to the clerk of the Supreme Court), so that it may be examined before filling. The Supreme Court assents to this course as a sufficient compliance with rule 8, which requires the clerk of the lower court to transmit a transcript of the record.

PETITIONS FOR CERTIORARI, ETC.

749c. Should notice be served upon you at any time by opposing counsel in any Government case that an application for a writ of certiorari, or other similar petition or motion, will be presented to the Supreme Court of the United States, you should positively refuse to accept service thereof, stating to counsel that you are without authority to do so; that notice, including the date of the proposed presentation, together with copies of the petition or motion, and brief, should be sent to the Solicitor General, who is directly in charge of Government cases in the Supreme Court. A strict compliance with this rule is necessary to the proper conduct of the Government business in that court. A copy of the petition or motion, however, if lodged with you, should be sent at once to the department with information as to when it is to be submitted to the Supreme Court. Copies of the record, briefs, etc., and opinion of the Circuit Court of Appeals should be transmitted also, unless previously sent.

CASES UNDER CRIMINAL APPEALS ACT.

750. In all criminal cases, in which a writ of error will lie on behalf of the United States direct from the Supreme Court to the District Court, as provided in the act of March 2, 1907 (34 Stat. L., 1246), district attorneys are requested to have the judge file a written opinion showing that the decision sustaining a demurrer to, quashing or setting aside, the indictment (not information), is based upon the invalidity or construction of the statute on which the indictment is founded. If only the construction of the indictment is involved, the case is not reviewable. This fact should be shown in order to give the Supreme Court jurisdiction under the act. See United States v. Carter, 231 U. S., 492, and United States v. Nixon, 235 U. S., 231.

750a. As the time within which writs of error under this act may be sued out is fixed at 30 days from the date of the entry of the judgment or order, recommendations as to taking such cases to the Supreme Court should be made as promptly as possible.