Gardner

This is an appeal from a final decree awarding the possession of certain documents and papers to the plaintiff below. At least, that such was the legal effect of the decree will fully appear from the following facts:

The appellant was , connected with the Immigration Service at Angel Island as an employee of the United States from 1882 or 3883 until 3.885, and again from 1896 or 1897 until the latter part of 1915. During that period he collected a large assortment of papers and documents, consisting principally of copies of reports and letters prepared by him, or under his direction, while in the Immigration Service. These papers had been in bis possession, or in the possession of his son-in-law for him, for many years prior to 1918. On January 23, 3918, all such papers were seized by the United States marshal under a search warrant issued by a United States commissioner. The purpose of the seizure was to permit of the use of the papers by the United States attorney before a grand jury in certain criminal proceedings against the appellant, then pending or in contemplation.

On December 16, 1918, Judge Dooling, one of the judges of tbe court below, on petition of tbe appellant,…