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a salary of $8,500 a year each, payable monthly. Each circuit judge shall reside within his circuit. The circuit judges in each circuit shall be judges of the circuit court of appeals in that circuit, and it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law: Provided, That nothing in this section shall be construed to prevent any circuit judge holding district court or otherwise, as provided for and authorized in other sections of this Act." [40 Stat. L. 1156.]

For sec. 118, here amended, see 5 Fed. Stat. Ann. (2d ed.) 601; 1912 Supp. Fed. Stat. Ann. 192.

SEC. 3. [Judges of District of Columbia-salaries.] That the judges of the Supreme Court of the District of Columbia shall receive salaries the same as salaries provided by this Act to be paid to judges of district courts of the United States, and such salaries shall be paid as now provided by law. The judges of the Court of Appeals of the District of Columbia shall receive salaries the same as the salaries provided by this Act to be paid to judges of the circuit court of appeals of the United States, and such salaries shall be paid as now provided by law. [40 Stat. L. 1157.]

SEC. 4. [Court of claims-appointment, oath, and salary of judges- Jud. Code, sec. 136 amended.] That section one hundred and thirty-six of the Act aforesaid be, and the same is hereby, amended so as to read as follows:

"SEC. 136. The Court of Claims established by Act of February twenty-fourth, eighteen hundred and fifty-five, shall be continued. It shall consist of a Chief Justice and four judges, who shall be appointed by the President by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States and to discharge faithfully the duties of his office. The Chief Justice shall be entitled to receive an annual salary of $8,000, and each of the other judges an annual salary of $7,500, payable monthly from the Treasury." [40 Stat. L. 1157.]

For sec. 136, here amended, see 5 Fed. Stat. Ann. (2d ed.) 646; 1912 Supp. Fed. Stat. Ann. 198.

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SEC. 5. [United States Court of Customs Appeal salary of judges.] That the judges of the United States Court of Customs Appeal shall receive salaries equal in amount to the salaries provided by this Act to be paid judges of the Circuit Court of Appeals of the United States, payable monthly from the Treasury. [40 Stat. L. 1157.]

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SEC. 6. [Resignation or retirement from active service of judges tinuance of salary additional judges - vacancies Jud. Code, sec. 260 amended.] That section two hundred and sixty of the Act aforesaid be, and the same is hereby, amended so as to read as follows:

"SEC. 260. That when any judge of any court of the United States, appointed to hold his office during good behavior, resigns his office after having held a commission or commissions as judge of any such court or courts at least ten years continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his resignation for the office that he held at the time of his resignation. But,

instead of resigning, any judge other than a justice of the Supreme Court, who is qualified to resign under the foregoing provisions, may retire, upon the salary of which he is then in receipt, from regular active service on the bench, and the President shall thereupon be authorized to appoint a successor; but a judge so retiring may nevertheless be called upon by the senior circuit judge of that circuit and be by him authorized to perform such judicial duties in such circuit as such retired judge may be willing to undertake, or he may be called upon by the Chief Justice and be by him authorized to perform such judicial duties in any other circuit as such retired judge may be willing to undertake, or he may be called upon either by the presiding judge or senior judge of any other such court and be by him authorized to perform such judicial duties in such court as such retired judge may be willing to undertake.

"In the event any circuit judge, or district judge, having so held a commission or commissions at least ten years continuously, and having attained the age of seventy years as aforesaid, shall nevertheless remain in office, and not resign or retire as aforesaid, the President, if he finds that any such judge is unable to discharge efficiently all the duties of his office by reason of mental or physical disability of permanent character, may, when necessary for the efficient dispatch of business, appoint, by and with the advice and consent of the Senate, an additional circuit judge of the circuit or district judge of the district to which such disabled judge belongs. And the judge so retiring voluntarily, or whose mental or physical condition caused the President to appoint an additional judge, shall be held and treated as if junior in commission to the remaining judges of said court, who shall, in the order of the seniority of their respective commissions, exercise such powers and perform such duties as by law may be incident to seniority. In districts where there may be more than one district judge, if the judges or a majority of them can not agree upon the appointment of officials of the court, to be appointed by such judges, then the senior judge shall have the power to make such appointments.

"Upon the death, resignation, or retirement of any circuit or district judge, so entitled to resign, following the appointment of any additional judge as provided in this section, the vacancy caused by such death, resignation, or retirement of the said judge so entitled to resign shall not be filled." [40 Stat. L. 1157.]

For sec. 260, here amended, see 5 Fed. Stat. Ann. (2d ed.; 926; 1912 Supp. Fed. Stat. Ann. 241.

SEC. 7. [Act when in effect.] That this Act shall take effect and be in force on and after the first day of the month next following its approval. [40 Stat. L. 1158.]

Joint Resolution Providing that one term of the United States District Court for the Eastern Judicial District of Oklahoma shall be held annually at Hugo, Oklahoma.

[Res. of Feb. 26, 1919, No. 53, ch. 54, 40 Stat. L. 1184.]

[Oklahoma - terms of district court-place of holding.] That one term of the United States District Court for the Eastern District of Oklahoma shall be held each year on the second Monday in May at Hugo, in said State and district, and all Acts and parts of Acts not in accordance herewith are hereby modified

in accordance with the provisions of this Act: Provided, That suitable quarters for holding said court shall be furnished without expense to the Government. [40 Stat. L. 1184.]

An Act To amend section two hundred and sixty-nine of the Act of March third, nineteen hundred and eleven, entitled "An Act to codify, revise, and amend the laws relating to the judiciary.”

. [Act of Feb. 26, 1919, ch. 48, 40 Stat. L. 1181.]

[New trials - judgment on appeal, certiorari, error, or motion for new trial -technical errors, defects or exceptions-Jud. Code, sec. 269 amended.] That section two hundred and sixty-nine of the Act approved March third, nineteen hundred and eleven, entitled "An Act to codify, revise, and amend the laws relating to the judiciary," be, and the same is hereby, amended so as to read as follows:

"SEC. 269. All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law. On the hearing of any appeal, certiorari, writ of error, or motion for a new trial, in any case, civil or criminal, the court shall give judgment after an examination of the entire record before the court, without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties." [40 Stat. L. 1181.]

For sec. 269, here amended, see 5 Fed. Stat. Ann. (2d ed.) 1047; 1912 Supp. Fed. Stat. Ann. 243.

Failure to take exceptions to remarks of counsel. By virtue of this amendment a judgment will be reversed for error committed by an assistant United States attorney in his argument to the jury although there were no exceptions taken at the trial to such arguments. August v. U. S., (C. C. A. 8th Cir.) 257 Fed. 388, wherein the court said: "We think, whatever may be our power otherwise, or our inclination to exercise it, the late amendment to section 269, Judicial Code (Act March 3, 1911, c. 231, 36 Stat. L. 1163, as amended by Act Feb. 26, 1919, c. 48), fully authorizes and commands us to look to the entire record before the court, and render judgment without regard to the technical error of the want of exceptions to the remark of counsel."

Technical error in sentence. In Shore v. Splain, (Ct. of App. D. C. 1919) 258 Fed. 150, an application for a writ of habeas corpus to secure the release of a person on the ground that a sentence under which he was imprisoned was defective because pronounced by a judge who had no authority to pronounce it, was refused. It appeared that the judge was a municipal court judge and had been designated to sit temporarily as a police court judge, but that at the time of the pronouncement of the sentence the regu lar judge was back exercising his functions. The court held that the objection to the sentence savored of a technicality involving no substantial right and was cured by this statutory amendment.

Defect in pleading.- An indictment under the Harrison Narcotic Drug Act which failed to negative exceptions peculiarly within the defendant's own knowledge was held sufficient in view of this statutory amendment, a criticism on the ground of the failure to negative the excentions being considered technical, unsubstantial and unprejudicial. Stetson v. U. S., (C. C. A. 6th Cir. 1919) 257

9.

Exclusion of evidence. A nonprejudicial ruling of a trial judge excluding evidence is not ground for a reversal by virtue of the amendment. Thompson v. U. S., (C. C. A. Sth Cir. 1919) 258 Fed. 196.

Variance as to person administering oath in perjury charge. In West v. U. S., (C. C. A. 6th Cir. 1919) 258 Fed. 413, which was a prosecution for perjury, it was held that if the facts showed a variance between the proof and the indictment as to who administered the oath, the variance was immaterial and nonprejudicial and covered by the amendment of the Judicial Code.

The "record" to which the act refers is that which is legally the record, and in examining that the court is to disregard "technical errors, defects or exceptions which do not affect the substantial rights of the parties." But matters which could not have been regarded as in the record prior to the passage of the act are not held to be in the record since the passage of the act. Thus the testimony, the charge and refusal of requests to charge are not in the record although they

may be found in the transcript, unless they have been put in the record by a bill of exceptions. Buessel v. U. S., (C. C. A. 2d Cir. 1919) 258 Fed. 811, wherein the court said: "We are not prepared to say that it was the intention of Congress, by the act recently passed, to make bills of exceptions no longer necessary, and that here

after we are to hold that any matter found in the transcript is to be regarded as in the record, even though the trial judge has not examined and certified to its correctness by putting his signature to a bill of exceptions. We do not think that such could have been the intention."

An Act Providing for the appointment of an additional district judge for the northern judicial district of the State of Texas.

[Act of Feb. 26, 1919, ch. 50, 40 Stat. L. 1183.]

[SEC. 1.] [Texas-northern district additional district judge.] That the President of the United States, by and with the advice and consent of the Senate, shall appoint an additional judge of the district court of the United States for the northern judicial district of the State of Texas, who shall possess the same powers, perform the same duties, and receive the same compensation and allowance as the present judge of said district. [40 Stat. L. 1183.]

SEC. 2. [Death or resignation of senior judge-filling vacancy.] That whenever a vacancy shall occur in the office of the district judge for the northern district of Texas senior in commission such vacancy shall not be filled, and thereafter there shall be but one district judge in said district. [40 Stat. L. 1183.]

An Act To fix the time of holding court in the Amarillo division of the northern district of Texas.

[Act of March 1, 1919, ch. 87, 40 Stat. L. 1270.]

[Texas-northern district-terms of court.] That hereafter the terms of the district court of the United States in the Amarillo division of the northern district of Texas shall be held at Amarillo, Texas, on the third Monday in April and the second Monday in September of each year. [40 Stat. L. 1270.]

Act of Sept. 19, 1918, ch. 174, 234.

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Sec. 1. Women and Minor Workers - Minimum Wage - District of Columbia,

234.

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4. Hearings by Board - Witnesses - Evidence - Subpoenas, 235.

5. Rules and Regulations, 235.

6. Reports by Board, 235.

7. Appropriations to Cover Expenses, 235.
8. Powers of Board Investigations

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Ascertainment of Wages in

Different Occupations — Information by Employers, 235.
9. Standards of Minimum Wages Declared, 236.

10. Conference - Creation - Membership - Powers, 236.
11. Recommendations and Reports of Conference, 236.
12. Consideration of Conference Reports by Board
Recommendations, 237.

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13. Physical Capacity of Worker Impaired by Age-Wages, 237.
14. Inquiry into Wages of Minors - Orders Affecting

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18. Violations of Act

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Enforcement of

Enforcement,

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19. Discharge of or Discrimination against Employees by Employers
Penalties, 238.

20. Violations by Agents of Employers - Liability of Employers, 238.
21. Prosecutions for Violations Venue Procedure, 238.

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22. Failure of Employer to Pay Minimum Wage - Penalty, 239.
23. Name of Act Purpose, 239.

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Act of Jan. 7, 1919, ch. 4, 239.

Sec. 1. Discharged Governmental Employees tion from District of Columbia, 239.

2. Application for Transportation

War Work -Free TransportaTime, 239.

3. Appropriations for Meeting Expenses, 239.

4. Employees Leaving before Passage of Act Refund of Cost of Trans

portation, 240.

5. Transportation as Affected by Various Services Rendered, 240.

6. Employees Affected by Act, 240.

Act of July 11, 1919, ch. 7, 240.

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