CHAP. 801.-An Act To create a new Federal judicial district in Pennsylvania, to be called the middle district. (1) March 2, 1901. 31 Stat. L., 880. Pennsylvania. Middle judicial district created. R. S., § 545. Circuit and dis Be it enacted, &c., That the counties of Lackawanna, Wyoming, Bradford, Monroe, Wayne, Pike, Susquehanna, Carbon, Tioga, Potter, Cameron, Clinton, Lycoming, Center, Union, Snyder, Mifflin, Juniata, Northumberland, Montour, Columbia, Sullivan, Luzerne, Dauphin, Lebanon, Perry, Huntingdon, Fulton, Franklin, Adams, trict courts estabYork, and Cumberland, in the State of Pennsylvania, are hereby lished. detached from the eastern and western districts of said State and shall henceforth constitute and compose a judicial district to be known as the middle district of Pennsylvania, and a circuit and a district court of the United States are hereby established therein. To be part of trict. Terms of court. SEC. 2. That the said middle district of Pennsylvania shall be attached to and constitute part of the third judicial circuit, and terms third judicial disof said circuit and district courts shall be held therein as follows, to wit: At the city of Scranton, in the county of Lackawanna, on the first Monday of March and first Monday of October in each year; at the city of Williamsport, in the county of Lycoming, on the second 658. Monday of January and second Monday of June in each year; at the city of Harrisburg, in the county of Dauphin, on the first Monday of May and second Monday of November in each year, the sessions of said courts to continue for such periods of time as the judges thereof sessions, etc. shall, by their prior order, determine; and adjourned terms, sittings, and sessions may be held when the business shall, in the opinion of such courts, respectively, require it. -duration of Judicial officers SEC. 3. That the President, by and with the advice and consent of the Senate, shall appoint for said middle district a district judge, a to be appointed. marshal, and district attorney; and clerks for the said circuit and district courts shall be appointed in the same manner as is now provided by law with regard to such officers in the western district of Pennsylvania. Jurisdiction of SEC. 4. That the courts and judges of said middle district shall, within said district, respectively possess the same jurisdiction and courts, etc. powers, civil, criminal, equitable, or otherwise, and perform the same duties as are now respectively possessed and performed by the circuit and district courts and judges of the United States of the western district of Pennsylvania. SEC. 5. That the district judge of the said middle district shall Salary of district receive the same compensation as is now by law provided for the judge. district judge of the western district of Pennsylvania; and the marshal, Duties of mardistrict attorney, and clerks of the circuit and district courts shall shal, district attorseverally possess the powers and perform the duties lawfully possessed ney, etc. and performed by the like officers in the said western district, and shall be, respectively, entitled to like fees, compensation, and emolu- -compensation. ments; and until otherwise provided by law the salaries herein prescribed or provided for shall be paid out of any money in the Treasury not otherwise appropriated. SEC. 6. That the said circuit and district courts, or either of them, may from time to time, in their discretion, appoint special terms of court, civil or criminal, and require grand, traverse, or petit juries, or all of them, to attend the same, by an order to be entered of record thirty days before the day at which such term shall convene, and at such special terms shall have all the powers which they respectively have at the regular terms appointed by law: Special terms. Provided, however, That no special term of said circuit court shall be appointed except upon the order of the circuit judge or of the asso- ted. ciate judge of the supreme court allotted to the third judicial circuit. NOTE. (1) By 1886, August 5, ch. 931 (1 Supp. R. S., 515), provision was made for the holding of terms of court at Scranton. - when permit Present jurisdic- SEC. 7. That the jurisdiction and authority of the courts and officers tion continued of the eastern and western districts of Pennsylvania over the territory temporarily. embraced within the said middle district shall continue as heretofore constituted and established up to the day of the organization of the courts of said middle district, but shall thereafter cease and determine, except as hereinafter provided in regard to crimes and misdemeanors -liens pre- theretofore committed therein; but any lien acquired by virtue of 9 decree, judgment, execution, attachment, seizure, or otherwise upon property situate or being within the said middle district shall not be divested or affected by this Act: served. -procedure to enforce. Pending prosecutions. Provided, That to enforce the same, certified copies of the record thereof shall be taken and entered in the proper court of the said middle district, and thereafter like proceedings shall be had thereon as though the same had been originally entered in such court. SEC. 8. That the jurisdiction of the courts and officers of the eastern and western districts of Pennsylvania as now constituted and established is hereby reserved to the same, respectively, over all crimes and misdemeanors which shall have been committed within the territory embraced in the said middle district prior to the organization of the courts thereof the same as though the said middle district had not been established; and the respective courts of the said eastern and western districts shall have the right to summon grand and petit jurors from the body of the districts as now constituted, respectively, for the purpose of inquiring into such crimes and misdemeanors, and prosecuting and trying indictments founded thereon, until every of such crimes and misdemeanors shall have been inquired into, prosecuted, and tried: Provided, That such offenses shall be inquired into, prosecuted, and cial sessions, etc. tried at special terms or sessions to be convened, and upon special writs of venire facias juratores, issued by said courts, respectively: -trials at spe Future prosecutions. district. ords, etc. -further ceedings. Provided further, That nothing in this section shall affect the jurisdiction of the courts of said middle district over crimes and misdemeanors committed therein after the organization of the courts of said middle district. Removal of pend- SEC. 9. That all local actions, suits, and proceedings pending in any ing suits to middle of the courts of the eastern or western district of Pennsylvania at the time of the organization of the courts of said middle district, and which relate to property embraced within the territory of the said middle district, shall thereafter be no further proceeded with in the courts where the same are depending, but upon petition of either or any of the parties thereto such local action, suit, or proceedings shall, upon the order of such court, or of a judge thereof in vacation, be -transfer of rec- removed to the proper court of the said middle district, and the original files thereof and a certified copy of the docket entries shall forthwith be delivered to the clerk of the court to which the same is so removed, who shall enter the same in file and of record, respecpro- tively, and like proceedings shall thereafter be had thereon as fully and completely as though the said action, suit, or proceeding had been originally begun in such court of said middle district; and like removals may, in the discretion of the courts of said eastern or western districts, or of a judge thereof in vacation, be had in all transitory actions, suits, and proceedings, upon petition of the defendant or defendants therein, or either of them, where such petitioner Removal of pend- resides within the said middle district. In like manner all local actions, ing suits to west- suits, and proceedings pending among the records of the courts of the western district of Pennsylvania at Williamsport or Scranton at the time of the organization of the courts of said middle district, and relating to property embraced within the territory of the said western district as hereby constituted, shall, and all transitory actions, suits, and proceedings where a defendant resides in said western district may be removed to the proper court of such western district; but alì ern district. other actions pending in the courts at Williamsport or Scranton not so removed or properly removable under the provisions of this section, and all records of said courts there remaining, shall be proceeded with, held, and regarded as though originally begun and depending in the corresponding courts of said middle district. The costs of removal in every case provided for in this section, where such removal shall be ordered, shall be taxed and paid as part of the costs of the action, suit, or proceedings so removed. Cost of removal. burg. SEC. 10. That the organization and first session of the courts of said Organization of middle district shall be held at the city of Harrisburg, in the county courts at Harrisof Dauphin, on the first Monday of May, anno Domini nineteen hundred and one, and it shall be the duty of the marshal of said middle district, when appointed, to provide a suitable place for the temporary Quarters. accommodation of said courts at the several cities herein before appointed for holding the same, and also safe and convenient offices for the proper keeping of the records thereof. [March 2, 1901.] CHAP. 803.—An Act Making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. * * March 2, 1901. 31 Stat. L., 895. Army. Enlisted men's Be it enacted, &c., [Par. 1.] (1) That hereafter all allotments of pay of enlisted men of the United States Army, under section sixteen of Act of Congress approved March second, eighteen hundred pay allotments. and ninety-nine, that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments accrued, shall pass to the credit of the disbursing officer who has made or shall make such payment: inquiry by dis Provided, That said disbursing officer shall, before making payment of said alloments, use, or shall have used, due diligence in obtaining bursing officer reand making use of all information that may have been received in the quired. War Department relative to the grantors of the allotments: And provided further, That if an erroneous payment is made because -liability of of the failure of an officer responsible for such report to report, in officers for failure the manner prescribed by the Secretary of War, the death of a grantor to report. or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Paymaster-General from the officer who fails to make such report, if such collection is practicable: Provided, That enlistments in the Regular Army on and after April twenty-first, eighteen hundred and ninety-eight, from which date war was declared to have existed between the United States and Spain, up to and including April twenty-sixth, eighteen hundred and ninetyeight, shall be deemed enlistments for the war with Spain, and shall entitle men so enlisting to the extra pay and on the same conditions granted to men who enlisted in the Regular Army subsequent to the declaration of war, for the war only, as provided by an Act approved March third, eighteen hundred and ninety-nine, entitled (2) "An Act making appropriations for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred:" NOTES.-(1) The first three subparagraphs of this paragraph, with the exception of the opening word "hereafter," are contained in 1900, May 26, ch. 586 (31 Stat. L., 206). The remaining subparagraphs, beginning with the words "Provided, That enlistments in the Regular Army," are new legislation. The act referred to in the text is that of 1899, March 2, ch. 352, § 16 (2 Supp. R. S., 965). That act and the one in the text create an exception to the provision of R. S., § 1291, "No assignment of pay by a noncommissioned officer or private previous to his discharge shall be valid." (2) The act here referred to is that of 1899, March 3, ch. 423, par. 8 (2 Supp. R. S., 991). SUP R S VOL 2- -99 Enlistments for Spanish war, Regular Army. Cuba. be defined in constitution. (3) Provided further, That in fulfillment of the declaration contained Relations with in the joint resolution approved April twentieth, eighteen hundred and United States to ninety-eight, entitled, "For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect," the President is hereby authorized to "leave the government and control of the island of Cuba to its people" so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, substantially as follows: pendence, &c. No treaty which I. That the government of Cuba shall never enter into any treaty will impair inde- or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgment in or control over any portion of said island. Public debt limited. -intervention when. II. That said government shall not assume or contract any public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government shall be inadequate. III. That the government of Cuba consents that the United States. by United States, may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba. -acts of United IV. That all Acts of the United States in Cuba during its military States during mil- occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected. itary occupancy ratified. -sanitary meas ures. -Isle of Pines. - coaling tions. sta -foregoing to be in a treaty. V. That the government of Cuba will execute, and as far as necessary extend, the plans already devised or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein. VI. That the Isle of Pines shall be omitted from the proposed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty. VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States. VIII. That by way of further assurance the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States. * * Inspector-Gen- [Par. 2.] (4) That upon the occurrence of a vacancy in the grade of eral's Department colonel in the Inspector-General's Department after the present lieuafter vacancy in tenant-colonels therein shall have been promoted or retired, such grade of colonel. NOTES.-(3) The joint resolution referred to in the text is that of 1898, April 20 (Res. No. 24, 30 Stat. L., 738). As to franchises, etc., in Cuba, see 1899, March 3, ch. 423, § 2 (2 Supp. R. S., 992). As to the present status of Cuba, see 180 U. S., 119. (4) This provision seems to supersede the numbers fixed in the Inspector-General's Department by R. S., § 1131, as well as those fixed by 1901, February 2, ch. 192, § 14, ante, p. 1469. vacancy shall not be filled, and thereafter the number of officers. authorized for that department shall be as follows: One inspector-general with the rank of brigadier-general; three inspectors-general with the rank of colonel; four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major. * * Officers. Officers of vol [Par. 3.] (5) That appointments to fill original vacancies in the lowest Staff departgrade in the Adjutant-General's Department, the Inspector-General's ments. Department, and Judge Advocate-General's Department, and in the unteers eligible for grade of captain in the Quartermaster's Department, Subsistence appointment to Department, and Pay Department may be made from officers of volun- lowest grades. teers commissioned since April twenty-first, eighteen hundred and ninety-eight, Chaplains' age and the age limit prescribed as to chaplains shall not apply to persons who served as chaplains of volunteers after said date who were limit. under forty-two years of age when originally appointed. [Par. 4. (6) For mileage to officers and contract surgeons, when Mileage to offiauthorized by law, five hundred thousand dollars: cers. Fixed at 7 cents Provided, That hereafter officers so traveling shall be paid seven cents per mile and no more; distances to be computed and mileage to a mile. be paid over the shortest usually traveled routes, with deduction as hereinafter provided; NOTES.-(5) See the provisions of 1899, March 2, ch. 352, § 7 (2 Supp. R. S., 963), as to appointments of officers who have served in the war with Spain. The same section fixes the age limit for appointment of the judge-advocate, paymasters, or chaplains, from civil life at forty-four years, which appears to have been reduced, as to chaplains to forty years by 1901, February 2, ch. 192, § 12, ante, p. 1469, which sections contain other important provisions relative to chaplains. As to the composition of the several staff corps herein referred to, see the same act, 1901, February 2, ch. 192, §§ 13-17, ante, p. 1469. As to appointments therein, see § 26, ante, p. 1473. (6) By R. S., § 1273, mileage at 10 cents a mile was allowed to army officers traveling under orders and not furnished transportation. By 1874, June 16, ch. 285 (18 Stat. L., 72), repeated with amendments by 1875, March 3, ch. 133, par. 1 (1 Supp. R. S., 81), actual traveling expenses were substituted for mileage in the case of all officers of the United States. By 1876, July 24, ch. 226, § 2 (1 Supp. R. S., 113), mileage was restored to officers of the Army, the rate being fixed at 8 cents a mile. By 1883, March 3, ch. 93, par. 2 (1 Supp. R. S., 400), mileage is to be over the shortest usually traveled routes, and the necessity for the travel stated in the order. Provisions covering the same ground as that in the text have been made from year to year in the annual army appropriation acts. See 1886, June 30, ch. 574 (24 Stat. L., 95); 1887, February 9, ch. 127 (24 Stat. L., 396); 1888, September 22, ch. 1027 (25 Stat. L., 483); 1889, March 2, ch. 372 (25 Stat. L., 828); 1890, June 13, ch. 423 (1 Supp. R. S., 756); 1891, February 24, ch. 284 (26 Stat. L., 773); 1892, July 16, ch. 195 (27 Stat. L., 176); 1893, February 27, ch. 168, par. 5 (2 Supp. R. S., 93); 1894, August 6, ch. 228, par. 6 (2 Supp. R. S., 227); 1895, February 12, ch. 83, par. 4 (2 Supp. R. S., 375); 1896, March 16, ch. 59, par. 5 (2 Supp. R. S., 453); 1897, March 2, ch. 362, par. 2 (2 Supp. R. S., 573); 1898, March 15, ch. 69 (30 Stat. L., 321); 1899, March 3, ch. 423, par. 3 (2 Supp. R. S., 990), and 1900, May 26, ch. 586 (31 Stat. L., 210). Some of the provisions of the last-named act, as well as of previous acts, are repeated in the text, but many of its provisions are new legislation. It can not be determined extra-judicially what portions of these provisions are to be regarded as permanent and what ones are confined to the years for which the respective appropriations are made. Special provisions are made for several classes of officers, as follows: By 1890, September 19, ch. 907, § 15 (1 Supp. R. S., 803), for engineer officers on river and harbor duty. By 1891, February 24, ch. 284, par. 1 (1 Supp. R. S., 896), for contract surgeons, as to whom see also the opening clause of the paragraph in the text. By 1893, February 27, ch. 168, par. 3 (2 Supp. R. S., 92), for paymasters' clerks and the expert accountant of the Inspector-General's Department. By 1900, June 6, ch. 791, par. 17, ante, p. 1438, for the members of the California Débris Commission, composed of officers of the Engineer Corps of the Army. But by 1894, August 6, ch. 228, par. 6 (2 Supp. R. S., 227), mileage on tours of inspection is restricted. For decisions on mileage of officers of the Army, see 94 U. S., 219; 12 C. Cls., 98; 14 C. Cls., 272; 15 C. Cls., 264; 20 C. Cls., 373; 23 C. Cls., 166. |