AMENDMENTS TO RULES OF CRIMINAL PROCEDURE

FOR THE

UNITED STATES DISTRICT COURTS

"RULE 41 (a).

"(a) AUTHORITY TO ISSUE WARRANT. A search warrant authorized by this rule may be issued by a judge of the United States or of a state, commonwealth, or territorial court of record or by a United States commissioner within the district wherein the property sought is located.

"RULE 46 (a)(2).

"(2) UPON REVIEW. Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay. Pending appeal to a court of appeals, bail may be allowed by the trial judge, by the court of appeals, or by any judge thereof or by the circuit justice, to run until final termination of the proceedings in all courts. Pending appeal or certiorari to the Supreme Court, bail may be allowed by the court of appeals or by any judge thereof or by the Supreme Court or by a Justice thereof. Any Court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.

"RULE 54 (a)(1).

"(1) Courts. These rules apply to all criminal proceedings in the United States District Courts, which include the District Court for the Territory of Alaska, the District Court of Guam, and the District Court of the Virgin Islands; in the United States Courts of Appeals; and in the Supreme Court of the United States; except that all offenses shall continue to be prosecuted in the District

Court of Guam and in the District Court of the Virgin Islands by information as heretofore except such as may be required by local law to be prosecuted by indictment by grand jury. The rules governing proceedings after verdict or finding of guilt or plea of guilty apply in the United States District Court for the District of the Canal Zone.

"RULE 54 (c).

"(c) APPLICATION OF TERMS. As used in these rules the term 'State' includes District of Columbia, Puerto Rico, territory and insular possession. 'Law' includes statutes and judicial decisions. 'Act of Congress' includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession. 'District court' includes all district courts named in subdivision (a), paragraph (1) of this rule. 'Civil action' refers to a civil action in a district court. 'Oath' includes affirmations. 'Attorney for the government' means the Attorney General, an authorized assistant of the Attorney General, a United States Attorney, an authorized assistant of a United States Attorney, and when applicable to cases arising under the laws of Guam means the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein. The words 'demurrer,' 'motion to quash,' 'plea in abatement,' 'plea in bar,' and 'special plea in bar,' or words to the same effect, in any act of Congress shall be construed to mean the motion raising a defense or objection provided in Rule 12."

INDEX

ACT. See Citizenship, 1.

ADMINISTRATIVE PROCEDURE. See Citizenship, 1; Constitu-
tional Law, I, 1; VII, 1; Federal Power Act; Labor, 2, 5;
Natural Gas Act; Transportation, 2.

ADMIRALTY. See also Trial, 2.

1. Admiralty jurisdiction - Maritime contracts - Allegations of
wrongfulness and fraud.-Action arising out of maritime contract
was within admiralty jurisdiction, notwithstanding allegations of
wrongfulness and fraud. Archawski v. Hanioti, 532.

2. Stevedores Shipowners-Reimbursement for damages paid in-
jured longshoreman.-Shipowner entitled to reimbursement from
stevedoring contractor for damages paid to longshoreman for injuries
caused by contractor's breach of contract to stow cargo safely; not
barred by Longshoremen's & Harbor Workers' Compensation Act.
Ryan Stevedoring Co. v. Pan-Atlantic S. S. Corp., 124.

AIR FORCE. See Constitutional Law, I, 1.

ALABAMA. See Constitutional Law, VIII, 1.

ALIMONY. See Constitutional Law, V.

AMORTIZATION. See Taxation, 1.

APPEAL. See Procedure, 5.

ARBITRATION ACT. See Jurisdiction, I, 3.

ARIZONA. See Constitutional Law, VI, 2; Procedure, 6.

Reorganization proceedings-Propriety of remedy.-Determination
of whether Chapter X or Chapter XI affords appropriate remedy.
General Stores Co. v. Shlensky, 462.

BATTERIES. See Labor, 8.

BOUNDARIES.

Decree fixing boundary between Mississippi and Louisiana at cer-
tain points. Mississippi v. Louisiana, 5.

BUS DRIVERS. See Constitutional Law, VI, 2.

BUSINESS EXPENSES. See Taxation, 1.

CALIFORNIA. See Constitutional Law, VI, 2; VII, 8; Pro-
cedure, 6.

CARRIERS. See Admiralty; Constitutional Law, VI, 1–2; VII, 2;
Labor, 1, 5; Transportation.

CERTIFICATE OF PROBABLE CAUSE. See Jurisdiction, III,
1; Procedure, 4.

CERTIFICATES OF INDEBTEDNESS. See Taxation, 5.

CITIZENSHIP.

1. Immigration officers-Subpoena power-Denaturalization pro-
ceeding. Subpoena power of immigration officer under Immigration
and Nationality Act of 1952 did not authorize subpoena of citizen
to testify in administrative proceeding looking to his denaturaliza-
tion; meaning of "Act" and "witnesses." United States v. Minker,
179.

2. Expatriation-Procedure-Evidence.-Standard of proof re-
quired in denaturalization cases applicable also to expatriation cases
under Nationality Act. Gonzales v. Landon, 920.

COAST GUARD. See Tort Claims Act.

CODE OF MILITARY JUSTICE. See Constitutional Law, I, 1.
COLLECTIVE BARGAINING. See Labor, 3-4.

COLLEGES. See Constitutional Law, VII, 1; VIII, 1–2.

COMMANDER IN CHIEF. See Constitutional Law, I, 1.

COMMERCE. See Admiralty; Constitutional Law, IV; VI; Crimi-
nal Law, 2; Labor, 1, 5, 7; Transportation.

COMMUNISM. See Constitutional Law, I, 2; II, 1; VII, 1;
Labor, 2.

COMPENSATION. See Admiralty, 2; Constitutional Law, IV;
VI, 2; Labor, 7-9.

COMPULSORY TESTIMONY. See Constitutional Law, I, 2; II,

2; VII, 1.

CONDEMNATION. See Constitutional Law, IV.

CONDITIONAL SALE. See Constitutional Law, VII, 2.

CONGRESS. See Constitutional Law, I, 1, 2; II, 2.

CONSPIRACY. See Constitutional Law, I, 2.

CONSTITUTIONAL LAW. See also Jurisdiction, I, 2; II, 1.

I. In General, p. 1025.

II. Federal-State Relations, p. 1025.
III. Double Jeopardy, p. 1026.

IV. Eminent Domain, p. 1026.

V. Full Faith and Credit, p. 1026.

VI. Commerce, p. 1026.

VII. Due Process of Law, p. 1026.

VIII. Equal Protection of Laws, p. 1027.

I. In General.

1. Courts-martial-Civilians-Uniform Code of Military Justice.—
Former serviceman not subject to trial by court-martial for offense
committed while in armed forces; Art. 3 (a) of Uniform Code of
Military Justice unconstitutional. Toth v. Quarles, 11.

2. Self-incrimination-Immunity Act.-Immunity Act of 1954
valid; non-judicial function not imposed on District Court; federal
immunity from state prosecution for crime valid. Ullmann v. United
States, 422.

3. Necessary and Proper Clause-Federal prisoners-Mentally
incompetent. Validity of commitment, pursuant to statute, of person
charged with federal offense who is mentally incompetent. Green-
wood v. United States, 366.

II. Federal-State Relations.

1. National security-State sedition laws-Enforceability.-Fed-
eral Smith Act, prohibiting advocacy of overthrow of U. S. Govern-
ment by force and violence, superseded Pennsylvania Sedition Act.
Pennsylvania v. Nelson, 497.

2. Immunity Act-State prosecution.-Federal Immunity Act,
concerned with national security, validly granted immunity from
state prosecution. Ullmann v. United States, 422.

3. State taxation-Corporations-Federal obligations.-New Jersey
tax was on corporate franchise and valid though federal obligations
were included in measure of tax. Werner Machine Co. v. Director
of Taxation, 492.