March 2, 1901. 31 Stat. L., 950. Northern Pacific land grants. 1898, July 1, ch. limit extended. CHAP. 807.—An Act For the relief of settlers under the public-land laws to lands within the indemnity limits of the grant to the Northern Pacific Railroad Company. (1) Be it enacted, &c., That the provisions of the Act of July first, eighteen hundred and ninety-eight, appearing in thirtieth Statutes at 546, par. 6 (2 Supp. Large, at pages six hundred and twenty, six hundred and twenty-one, R. S., 875). and six hundred and twenty-two, providing a plan for the adjustment -plan for ad- by the Land Department of conflicting claims to lands within the justing claims limits of the grant to the Northern Pacific Railroad Company, are within indemnity hereby extended and made applicable to all instances where lands in odd-numbered sections within the indemnity limits of the grant to said company were patented to settlers under the public-land laws in pursuance of applications presented to or proceedings initiated in, the -when selec- local land office at a time when the land was embraced in a pending tion not waived, indemnity selection made by said company in conformity with the regu lations of the Land Department, which indemnity selection has not since been waived or abandoned. [March 2, 1901.] etc. NOTE. (1) For a review of legislation affecting Northern Pacific land grants, etc., see note (4) to 1898, July 1, ch. 546, par. (2 Supp. R. S., 875). March 2, 1901. 31 Stat. L., 950. Suits by States Court. 1947. R. S., §§ 2275, CHAP. 808.-An Act Authorizing the Attorney-General, upon the request of the Secretary of the Interior, to appear in suits brought by States relative to school lands. Be it enacted, &c., That in any suit heretofore or hereafter instituted relative to school in the Supreme Court of the United States to determine the right of a lands in Supreme State to what are commonly known as school lands within any Indian R. S., §§ 1946, reservation or any Indian cession where an Indian tribe claims any right to or interest in the lands in controversy, or in the disposition thereof by the United States, the right of such State may be fully tested and determined without making the Indian tribe, or any portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto; and the duty of representing and defending the right or interest of the Indian tribe, or any portion thereof, in the matter shall devolve upon the Attorney-General upon the request of such Secretary. [March 2, 1901.] 2276 as amended R. S., 898). 1895, Mar. 2, ch. 188, par. 4 (2 Supp. R. S., 427.) March 2, 1901. 31 Stat. L., 950. Army. CHAP. 809.-An Act To prevent the failure of military justice, and for other purposes. Be it enacted, &c., (1) That every person not belonging to the Army Courts-martial. of the United States who, being duly subpoenaed to appear as a witness. before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be guilty of a misdemeanor, for which such -penalty for re- person shall be punished on information in the district court of the fusing to testify be- United States; and it shall be the duty of the United States district attorney, on the certification of the facts to him by the general court-proceedings. martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: fore. --witnesses be Provided, That this shall not apply to persons residing beyond the yond the State, etc. State, Territory, or District in which such general court-martial is NOTE. (1) By R. S., § 1202, every judge-advocate of a court-martial has power to issue like process to compel the attendance of witnesses to appear and testify before a court-martial, as the courts of criminal jurisdiction within the State have. -fees of wit held, and that the fees of such witness, and his mileage at the rates provided for witnesses in the United States district court for said State, nesses. Territory or District shall be duly paid or tendered said witness, such amounts to be paid by the Pay Department of the Army out of the appropriation for compensation of witnesses: Provided, That no witness shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him. SEC. 2. (2) That article ninety-four, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, repealed. SEC. 3. (3) That section one hundred and eighty-three of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: -self incrimination. 94. Hours of sitting. R. S., § 1342, art. Substitute for "SEC. 183. Any officer or clerk of any of the departments lawfully Oaths may be detailed to investigate frauds on, or attempts to defraud, the Govern- administered by ment, or any irregularity or misconduct of any officer or agent of the clerks, etc. United States, and any officer of the Army detailed to conduct an -army officers, investigation, and the recorder, and, if there be none, the presiding etc. officer of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation." SEC. 4. (4) That article eighty-three, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows: 83. Substitute for Jurisdiction of "ARTICLE 83. Regimental and garrison courts-martial and summary courts detailed under existing laws to try enlisted men shall not have courts-martial. power to try capital cases or commissioned officers, but shall have power to award punishment not to exceed confinement at hard labor for three months or forfeiture of three months' pay, or both, and in addition thereto, in the case of noncommissioned officers reduction to the ranks and in the case of first-class privates reduction to secondclass privates: 66 Trials by sum Provided, That a summary court shall not adjudge confinement and forfeiture in excess of a period of one month, unless the accused mary court with shall before trial consent in writing to trial by said court, but in any consent, etc. case of refusal to so consent, the trial may be had either by general, regimental, or garrison court-martial, or by said summary court, but in case of trial by said summary court without consent as aforesaid, the court shall not adjudge confinement or forfeiture of pay for more than one month." SEC. 5. (5) That article sixty, section thirteen hundred and fortytwo, of the Revised Statutes of the United States be, and the same is 60. NOTES. (2) Article 94 of § 1342, R. S., here repealed, fixed the hours for the sittings of courts-martial from 8 a. m. to 3 p. m., except in cases which, in the opinion of the officer appointing the court, required immediate example. (3) The amendment of this section consists in the addition of the words "and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer of any military board appointed for such purpose.” By 1892, July 27, ch. 272, § 4 (2 Supp. R. S., 54), the judge-advocates of departments and of courts-martial and the trial officers of summary courts are authorized to administer oaths. (4) By 1890, September 27, ch. 998 (1 Supp. R. S., 808), any punishment for a military offense left to the discretion of the court-martial, in time of peace, can not be in excess of a limit to be prescribed by the President. By 1892, July 27, chs. 272, 276, and 1898, June 18, ch. 469, § 3 (2 Supp. R. S., 53, 54, 808), the commanding officers authorized to approve the sentences of summary courts-martial are also authorized to remit or mitigate the sentence. By 1898, June 18, ch. 469 (2 Supp. R. S., 807), amending 1890, October 1, ch. 1259 (1 Supp. R. S., 878), provision is made for summary courts-martial for the trial of certain offenses. See also note thereto. (5) Article 60, here amended, makes provision for the punishment of certain crimes by persons in the military service. R. S., § 1342, art. hereby, amended by inserting after the words "shall, on conviction Penalty for cer- thereof, be punished by fine or imprisonment, or by such other puntain frauds against ishment as a court-martial may adjudge," the words "or by any or all the United States. of said penalties." [March 2, 1901.] March 2, 1901. 31 Stat. L., 953. Porto Rico. CHAP. 812.-An Act To amend an Act entitled "An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April twelfth, nineteen hundred, and to increase the salary of the commissioner of education provided for by said Act. Be it enacted, &c., (1) That the salary of the commissioner of educaSalary commis- tion for Porto Rico shall, from and after the first day of April, nineteen hundred and one, be four thousand dollars per annum, sioner education. -district court officials. 1900, Apr. 12,ch. 191, § 36, ante, P. 1137. -payment. U. S. court fees payable from revenues, etc. and in addition to the duties provided by section thirty-six of the Act of April twelfth, nineteen hundred, the executive council shall, from time to time, determine the salaries of all officials and assistants, appointed by the United States district court, including the clerk and the interpreter, which shall be paid out of the revenues of Porto Rico as other salaries and expenses of like character are paid under the provisions of said Act. SEC. 2. That such fees and expenses as are payable by the United States, if earned or incurred in connection with a circuit or district court of the United States, shall be paid from the revenues of Porto Rico, if earned or incurred in connection with the district court of the -disposition of United States for Porto Rico. That ali such fees, fines, costs, and forfeitures as would be deposited to the credit of the United States, if collected and paid into a circuit or district court of the United States, shall become revenues of Porto Rico, if collected and paid into the district court of the United States for Porto Rico. fees earned. Jurisdiction of tended. The commissioners appointed, as provided in section thirty-four of said Act approved April twelfth, nineteen hundred, shall be entitled to the (2) fees provided for United States commissioners: Provided, That payments of fees and expenses, heretofore made in good faith by the United States district marshal, either from funds advanced to him by the United States or by Porto Rico, may be allowed by the accounting officers of the United States or the accounting officers of Porto Rico, as the case may be, in the settlement of his accounts. SEC. 3. That the jurisdiction of the district court of the United district court ex- States for Porto Rico in civil cases shall, in addition to that conferred 1900, April 12, by the Act of April twelfth, nineteen hundred, extend to and embrace ch. 191, § 34, ante, controversies where the parties, or either of them, are citizens of the p.1136. United States, or citizens or subjects of a foreign State or States, wherein the matter in dispute exceeds, exclusive of interest or costs, the sum or value of one thousand dollars. Mileage of jurors and witnesses. Constructive or SEC. 4. That jurors and witnesses in the United States district court of Porto Rico shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance and ten cents for each mile over any railway in going to and returning from said courts: Provided, That no constructive or double mileage fees shall be double mileage allowed by reason of any person being summoned both as witness and juror, or as witness in two or more cases pending in the same court and triable at the same term thereof. [March 2, 1901.] forbidden. NOTES. (1) By 1900, April 12, ch. 191, § 36, ante, p. 1137, the salary was fixed at $3,000 per annum. (2) By 1896, May 28, 252, § 21 (2 Supp. R. S., 486), provision is made for the fees of United States commisioners. CHAP. 814.-An Act To amend section nineteen of chapter two hundred and fifty-two, Twenty-ninth Statutes at Large, approved May twenty-eighth, eighteen hundred and ninety-six. (1) March 2, 1901. 31 Stat. L., 956. U. S. Commis Be it enacted, &c., That the proviso of section nineteen of chapter two hundred and fifty-two of the Act approved May twenty-eighth, sioners. eighteen hundred and ninety-six, entitled "An Act making appropri- 1896. May 28, ations for the legislative, executive, and judicial expenses of the Gov- ch. 252, § 19 (2 ernment for the fiscal year ending June thirtieth, eighteen hundred Supp. R. S., 485). and ninety-seven, and for other purposes," is hereby amended so as to read as follows: "Provided, That all (2) Acts and parts of Acts applicable to commissioners of the circuit courts, except as to appointment and fees, shall be applicable to United States commissioners appointed under this Act. Laws applicable. Internal reve nue warrants, how issued. 1893, March 3, "Warrants of arrest for violations of internal-revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue ch. 208, par. 19 (2 agent, or private citizen; but no such warrant of arrest shall be issued Supp. R. S., 123). upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney. "That United States commissioners and all clerks and all deputy clerks of United States courts are hereby authorized to administer oaths." [March 2, 1901.] NOTES. (1) The amendment consists in the insertion of the words "and all deputy clerks" in the last sentence. (2) See 1896, May 28, ch. 252, § 19 (2 Supp. R. S., 485), and note (9) thereto for a review of the acts referred to. Who may administer oaths. CHAP. 830.-An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. room: * * [Par. 1.] Senate, * * March 3, 1901. 31 Stat. L., 960. Senate docu ment room. * * Be it enacted, &c., * * Document and the said document room is hereby transferred to and placed under the jurisdiction of the Secretary of the Senate. [Par. 2.] (1) And hereafter the officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uni- worn. form. * * Capitol police. House library [Par. 3.] The library of the House of Representatives shall hereafter under Librarian of be under the control and direction of the Librarian of Congress, who Congress. shall provide all needful books of reference therefor. The librarian, two assistant librarians, and assistant in the library, above provided for, shall be appointed by the Clerk of the House, with the approval of the Speaker of the House of Representatives of the Fifty-sixth Congress, and thereafter no removals shall be made from the said positions except for cause reported to and approved by the Committee on Rules. * * Appointments. Removals. etc. [Par. 4.] (2) For clerk hire, Members and Delegates: To pay Mem-Clerk hire for Representatives, bers and Delegates the amounts which they certify they have paid or agreed to pay for clerk hire necessarily employed by them in the discharge of their official and representative duties, as provided in the NOTES. (1) This provision is repeated, with the addition of the word "hereafter," from the previous appropriation act of 1900, April 17, ch. 192 (31 Stat. L., 90). By R. S., § 1824, a uniform is required for the Capitol police. (2) This paragraph is a repetition of 1899, February 24, ch. 187, par. 1 (2 Supp. R. S., 944), and 1900, April 17, ch. 192 (31 Stat. L., 93). For review of the legisla tion relating to clerks of members of Congress, see note (8) to 1898, July 7, ch. 571, par. 14 (2 Supp. R. S., 884). -for Representatives-elect. R. S., § 31. Packing boxes for House. Joint Resolution approved March third, eighteen hundred and ninetythree, during the session of Congress, and when Congress is not in session as provided in House Resolution passed May eighth, eighteen hundred and ninety-six, and the deficiency appropriation Act approved July seventh, eighteen hundred and ninety-eight, four hundred and seventeen thousand dollars, or so much thereof as may be necessary; and Representatives and Delegates elect to Congress whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section thirtyone of the Revised Statutes of the United States, shall be entitled to payment under this appropriation. * * * * [Par. 5.] And hereafter packing boxes for the use of the House of Representatives shall be procured after advertisement for proposals therefor, under specifications to be prepared by the Clerk of the House, and from the lowest and best bidder to furnish the same. House employ- [Par. 6.] Hereafter employees of the House of Representatives under ees to perform the Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall only be only duties of the position to which assigned to and engaged upon the duties of the positions to which they appointed. are appointed and for which compensation is provided, except that in cases of emergency or congestion of public business incident to the close of a session of Congress or other like cause an employee or employees may be assigned or required to aid in the discharge of the duties of any other employee or employees, and in the discretion of the Doorkeeper not more than one folder may, if necessary, be assigned to do clerical work under the direction of the foreman of the folding room, but all assignments made hereunder shall be without additional compensation and shall not constitute the basis of a claim therefor. Division of sala It shall not be lawful to appoint or employ in any position under ry. etc., forbidden. the House of Representatives more than one person at any one time, or to require or permit any such person to divide with another any portion of his salary or compensation while so employed. Subletting duties forbidden. Age limits, pages. Officers' certifi (3) It shall not be lawful to require or permit any person in the employ of the House of Representatives to sublet to another the discharge of any portion of the duties of the position to which he is appointed. No person shall be appointed or employed as a page in the service of the House of Representatives who is under twelve years or more than eighteen years of age; but this provision shall not apply to chief pages, riding pages, and telephone pages. The Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall cate to pay rolls. make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not performed the services in whole or in part for which payment is proposed, the reason for such absence and for such nonperformance of services shall be stated. Penalties. The violation of any of the foregoing provisions of law shall, upon ascertainment thereof, be deemed to be cause for removal from office. Inquiry, etc., by It shall be the duty of the Committee on Accounts of the House of Committee on Ac- Representatives from time to time to inquire into the enforcement or violation of any of the foregoing provisions of law; and for this purpose they are hereby authorized to send for persons and papers, and to administer oaths; and they shall report to the House at least once every session their compliance with the duty herein imposed. counts. NOTE.-(3) See the similar provision of 1895, March 2, ch. 177, par. 4 (2 Supp. R. S., 414). See also for the general subject of accounts of the House of Representatives paragraph 2 of the same act and note (2) thereto (2 Supp. R. S., 413). |