practical military engineering and to the officer in charge of waterworks and works of construction at the Military Academy, at fifty cents per day, one hundred and fifty-six dollars and fifty cents: Provided, That the extra pay provided by the seventeen preceding paragraphs shall not be paid to any enlisted man who receives extraduty pay under existing laws or Army regulations: (1) Provided further, That the allowance of extra pay, as provided for in the Acts of February tenth, eighteen hundred and ninety-seven (Twenty-ninth Statutes at Large, page five hundred and eighteen), March fifth, eighteen hundred and ninety-eight (Thirtieth Statutes at Large, page two hundred and fifty-five), and February twenty-seventh, eighteen hundred and ninety-nine (Thirtieth Statutes at Large, page two hundred and ninety-five), and of extra-duty pay to enlisted men of the Army stationed at the Military Academy, who have been placed on extra duty in obedience to the orders of the Superintendent, is hereby authorized and its payment directed, less the twenty per centum war increase already paid, the said payment being excepted from the operation of section thirty-six hundred and ninety-one of the Revised Statutes and section six of the Act approved April twentysixth, eighteen hundred and ninety-eight (Thirtieth Statutes at Large, page three hundred and sixty-five). * SEC. 2. (2) That the senior major-general of the line commanding Major-General the Army shall have the rank, pay, and allowances of a lieutenant- Commanding general, and his personal staff shall have the rank, pay, and allowances of lieutenant-genArmy to have rank authorized for the staff of a lieutenant-general. SEC. 3. (3) That the Adjutant-General of the Army shall have the rank, pay, and allowances of a major-general in the Army of the United States, and on his retirement shall receive the retired pay of eral. Adjutant-General to have rank of major-general. that rank: Provided, That whenever a vacancy shall occur in the office of -limited to Adjutant-General on the expiration of the service of the present present incumincumbent the Adjutant-General shall thereafter have the rank, pay, and allowances of a brigadier-general. SEC. 4. (4) That the corps of cadets shall consist of one from each Congressional district, one from each Territory, one from the District of Columbia, two from each State at large, and thirty from the United States at large. NOTES.-(1) It is impossible to say what, if any, portion of this paragraph constitutes permanent legislation as distinguished from a mere limitation upon this and prior appropriation acts. Extra-duty pay in certain cases is provided for by R. S., §1287. By 1898, April 26, ch. 191, § 6 (2 Supp. R. S., 746), referred to in the text, such extra-duty pay is not to be paid in war time, during which, by § 6 of the same act, the pay proper of enlisted men was increased 20 per cent. R. S., § 3691, also referred to in the text, as also the act of 1874, June 20, ch. 328, § 5 (1 Supp. R. S., 18), provided for the lapse, with certain exceptions, of unexpended balances of appropriations remaining upon the books of the Treasury for two fiscal years. The provisions of the other acts cited in the text, 1897, February 10, ch. 214 (29 Stat. L., 518); 1898, March 5, ch. 38 (30 Stat. L., 255), and 1899, February 27, ch. 210 (30 Stat. L., 895, not 295), are the Military Academy appropriation acts of the three previous years making appropriations for extra pay similar to those in the text. Similar appropriations are contained in the act for the succeeding year, 1901, March 2, ch. 804 (31 Stat. L., 913). A further allowance of extra pay is made by 1901, March 2, ch. 804, par. 5, post, p. 1510. (2) As to the offices of General and Lieutenant-General of the Army, see R. S., § 1094, and notes to 1878, June 18, ch. 263, § 9, and 1882, June 30, ch. 254, par. 2 (1 Supp. R. S., 190, 348); also 1895, February 5 (Res. No. 9, 2 Supp. R. S., 438). (3) R. S., § 1128, gives the rank of brigadier-general to the adjutant-general. For the present organization of that department of the Army, see 1901, February 2, ch. 192, § 13, post, p. 1469, which, among other provisions, reenacts those of the text. (4) This section is in effect a substitute for R. S., § 1315, as well as for 1899, March 2, ch. 352, § 10 (2 Supp. R. S., 963). It also in effect repeals 1878, June 11, ch. 181, §4 (1 Supp. R. S., 180), limiting the number of cadets at large to ten. See 1875, March 3, ch. 135, par. 1, (1 Supp. R. S., 82) authorizing the President to fill any vacancy occurring at the Academy by death or otherwise of any person appointed by him. bent. Corps of cadets. Number creased. in They shall be appointed by the President, and shall, with the exception of the thirty cadets appointed from the United States at large, be actual residents of the Congressional or Territorial districts, or of the District of Columbia, or of the States, respectively, from which they purport to be appointed. [June 6, 1900.] June 6, 1900. 31 Stat. L., 656. Countries under control of United States. fied. CHAP. 793.-An Act Amending section fifty-two hundred and seventy of the Revised Be it enacted, &c., That section fifty-two hundred and seventy of the Revised Statutes of the United States is hereby amended by adding thereto the following proviso: "Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who shall violate, or who has violated, the criminal laws. Offenses speci- in force therein, by the commission of any of the following offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or to the District of Columbia, shall, when found -liability to ar- therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign -surrender for country or territory shall be returned and surrendered as hereinafter trial, etc. provided to such authorites for trial under the laws in force in the place where such offense was committed. All the provisions of secR. S., §§ 5270- tions fifty-two hundred and seventy to fifty-two hundred and seventyseven of this title, so far as applicable, shall govern proceedings authorized by this proviso: rest. Procedure. 5277. NOTE. (1) R. S., § 5270, of which this is an amendment, provides for the extradition of fugitives from justice. By 1882, August 3, ch. 378 (1 Supp. R. S., 371), extradition cases are to be publicly heard, and the fees and practice in such cases are regulated. This act was specially designed to meet the contingency growing out of the anomalous position occupied by Cuba subsequent to its evacuation by Spain. See H. R. Rep. 1652 and Senate Rep. 1515, Fifty-sixth Congress, first session. See, also, 180 U. S., 109. "Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: 66 -before judge of U. S. court. No surrender for Fair trial to be And provided further, That no return or surrender shall be made of any person charged with the commission of any offense of a political political offer.ses. nature. If so held such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the given. order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial." [June 6, 1900.] CHAP. 795.-An Act Changing place for holding court in the central division of the June 6, 1900. 31 Stat. L., 657. Indian Territory. 1895, Mar. 1, ch. Central judicial Be it enacted, &c., That subdivision three, of chapter one hundred and forty-five, of the United States Statutes at Large, approved March first, eighteen hundred and ninety-five, entitled "An Act to provide for 145 (2 Supp. R. S., the appointment of additional judges of the United States court in the 392). Indian Territory, and for other purposes," which said subdivision reads as follows: "The central district shall consist of all the Choctaw country, and the places of holding court in said district shall be at district. South McAlester, Atoka, Antlers, and Cameron," be amended by striking out of said subdivision the word "Cameron" and inserting in lieu thereof the word "Poteau," so that said subdivision when amended shall read as follows: "The central district shall consist of all the -terms of court, Choctaw country, and the places of holding court in said district shall where held. be at South McAlester, Atoka, Antlers, and Poteau." Pending causes SEC. 2. That all suits, prosecutions and processes, recognizances, bail bonds, and other proceedings of whatever nature pending in or transferred. returnable to said court at Cameron are hereby transferred to and shall be made returnable and have force in said court at Poteau. [June 6, 1900.] NOTE. (1) For a review of the legislation affecting the United States courts in Indian Territory see 1897, June 7, ch. 3, par. 6 (2 Supp. R.S., 631), and note (5) thereto. CHAP. 796.—An Act To extend the coal land laws to the district of Alaska. (1) June 6, 1900. 31 Stat. L., 658. Be it enacted, &c., That so much of the public land laws of the United States are hereby extended to the district of Alaska as relate extended to. to coal lands, namely, sections twenty-three hundred and forty-seven R. S., §§ 2347to twenty-three hundred and fifty-two, inclusive, of the Revised Stat- 2352. utes. [June 6, 1900.] NOTE.-(1) See 1898, May 14, ch. 299 (2 Supp. R. S., 755), extending the homestead land laws to Alaska, and notes thereto for a review of the land laws. CHAP. 797.—An Act To provide better facilities for the safe-keeping and disbursement of public moneys in the Philippine Islands and in the islands of Cuba and Porto Rico. (1) June 6, 1900. 31 Stat. L., 658. Public moneys. Be it enacted, &c., That the Secretary of the Treasury is hereby authorized to designate one or more banks or bankers in the Philippine-deposit in Islands and in the islands of Cuba and Porto Rico in which public and Philippine IsCuba, Porto Rico, moneys may be deposited: lands. NOTE.-(1) See 1901, March 3, ch. 871, post, p. 1812, amending R. S., § 5153, and making provision for depositaries of public moneys in the island possessions. -bond to be given. R. S., § 5153. applies to Provided, That the banks or bankers thus designated shall give satisfactory security for the safe-keeping and prompt payment of the public moneys so deposited by depositing in the Treasury, United States bonds to an amount not less than the aggregate sum at any time on deposit with such banks or bankers: And provided further. That this act shall apply to Cuba only while Cuba during occu- occupied by the United States. [June 6, 1900.] pation. June 6, 1900. 31 Stat. L., 660. Second-class mail. CHAP. 801.—An Act To extend to certain publications the privileges of second-class mail matter as to admission to the mails. (1) Be it enacted, &c., That all periodical publications issued from a na State agricul- known place of publication at stated intervals as frequently as four tural publications times a year by State departments of agriculture shall be admitted to the mails as second-class mail matter: admitted. -when for official purposes. -advertise Provided, That such matter shall be published only for the purpose of furthering the objects of such departments: ments forbidden. advertising matter of any kind. [June 6, 1900.] And provided further, That such publications shall not contain any NOTE. (1) By 1879, March 3, ch. 180, §§ 10-16 (1 Supp. R. S., 246), second-class matter is defined. See, also, note (3) thereto. By 1885, March 3, ch. 342, par. 4 (1 Supp. R. S., 483), the rate of postage on secondclass matter is fixed. By 1894, July 16, ch. 137, par. 2 (2 Supp. R. S., 196), the publications of certain benevolent societies, bulletins of State boards of health, etc., published as frequently as four times a year, are admitted to the mails as second-class matter. By 1898, June 13, ch. 446, § 4 (2 Supp. R. S., 779), second-class mail matter is not to be returned to the sender without prepayment of postage. By 1901, March 3, ch 851, par. 6, post, p. 1547, second class rates once accorded to a publication can not be revoked without a hearing. June 6, 1900. 31 Stat. L., 660. Indian Terri tory. stone. of. CHAP. 802.—An Act To provide for the use of timber and stone for domestic and industrial purposes in the Indian Territory. (1) Be it enacted, &c., That the Secretary of the Interior is authorized to prescribe rules and regulations for the procurement of timber and Timber and stone for such domestic and industrial purposes, including the construction, maintenance, and repair of railroads and other highways, to be used only in the Indian Territory, as in his judgment he shall deem necessary and proper, from lands belonging to either of the Five Civilized Tribes of Indians, and to fix the full value thereof to be paid therefor, and collect the same for the benefit of said tribes; and every -destruction of. person who unlawfully cuts, or aids, or is employed in unlawfully cutting, or wantonly destroys, or procures to be wantonly destroyed, any -transportation timber standing upon the land of either of said tribes, or sells or transports any of such timber or stone outside of the Indian Territory, contrary to the regulations prescribed by the Secretary, shall pay a fine of not more than five hundred dollars, or be imprisoned not more than twelve months, or both, in the discretion of the court trying the same. [June 6, 1900.] -penalty. NOTE.—(1) See 1898, July 1, ch. 546, par. 5 (2 Supp. R. S., 875), relating to permits to cut timber for domestic, mining, etc., purposes; also 1897, June 7, ch. 3, par. 10 (2 Supp. R. S., 632), authorizing Indians to cut dead timber on Indian reservations in Minnesota; while by 1889, February 16, ch. 172 (1 Supp. R. S., 645), a similar provision to the last above mentioned was made, though general in its character; see also 1898, June 28, ch. 517, § 16 (2 Supp. R. S., 821). CHAP. 803.-An Act To amend the seventh section of the Act entitled "An Act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one.(1) Be it enacted, &c., That the seventh section of the Act entitled "An Act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one, be amended so as to read as follows: June 6, 1900. 31 Stat. L., 660. Circuit courts of appeals. Substitute for 1891, Mar. 3, ch. 517, §7 (1 Supp. R. S., 904). Appeal from in "SEC. 7. That where, upon a hearing in equity in a district court or in a circuit court, or by a judge thereof in vacation, an injunction shall terlocutory order be granted or continued or a receiver appointed, by an interlocutory granting injuncorder or decree, in a cause in which an appeal from a final decree may be taken under the provisions of this Act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting or continuing such injunction or appointing such receiver to the circuit court of appeals: -time for tak "Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the ing. appellate court; and the proceedings in other respects in the court -stay of probelow shall not be stayed, unless otherwise ordered by that court, or ceedings. by the appellate court or a judge thereof, during the pendency of such appeal: "Provided further, That the court below may in its discretion require as a condition of the appeal an additional bond." [June 6, 1900.] NOTE.—(1) This act is a substitute for 1895, February 18, ch. 96 (2 Supp. R. S., 376), which was a substitute for 1891, March 3, ch. 517, §7 (1 Supp. R. S., 904). The amendment of the section consists in the insertion of "or by a judge thereof in vacation" in the second line, 'or a receiver appointed" in the third line, "or appointing such receiver" in the seventh line, "or by the appellate court or a judge thereof" in the twelfth line. -bond. CHAP. 804.-An Act To amend chapter two of the laws passed by the first session of the Fifty-fifth Congress of the United States, being an Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal yea, ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes," approved June fourth, eighteen hundred and ninety-seven. (1) al 2, Be it enacted, &c., That chapter two of the laws of the first session of the Fifty-fifth Congress, being an Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes," approved June fourth, eighteen hundred and ninety-seven, be, and the same is hereby, amended by striking out the R. following words where the same appear in said Act, commencing with the word" Before," in line thirty-six, on page thirty-five of volume thirty of the United States Statutes at Large, and ending with the word "exists," in the forty-third line of said volume and page, as follows: "Before such sale shall take place notice thereof shall be given by the Commissioner of the General Land Office, for not less than sixty days, by publication in a newspaper of general circulation published in the county in which the timber is situated, if any is therein published, and if not then in a newspaper of general circulation published nearest to the reservation, and also in a newspaper of general circulation published at the capital of the State or Territory where such reservation exists," and insert in lieu thereof the following: "Before such sale shall take place notice thereof shall be given by the Commissioner of the General Land Office, for not less than thirty NOTE. (1) By 1898, May 14, ch. 299, § 11 (2 Supp. R. S., 761), provision was made for the appraisal and sale of timber in Alaska. June 6, 1900. 31 Stat. L., 661. Public lands. Timber, apprais and sale. Substitute for 1897, June 4, ch. par. 7 (2 Supp. S., 625). -notice of sale. |