March 3, 1901. 31 Stat. L., 1058. Indian Terri tory. Inspector to have per diem. Clerks of district CHAP. 832.-An Act Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. Be it enacted, &c., * * [Par. 1.] (1) That the Indian inspector who may be assigned to duty in the Indian Territory shall be considered as actually employed on duty in the field; * and the accounting officers of the Treasury are hereby authorized to allow him per diem pay during the fiscal year nineteen hundred and one, and so long as he shall remain on duty in said Territory. [Par. 2.] (2) That hereafter the clerks of the district courts in the courts to account Indian Territory shall account to the United States for all fees earned and collected by them in accordance with such rules and regulations as the Attorney-General shall prescribe. for fees. -to excess. pay over -to receive $1,000. Commission to Tribes. They shall annually pay over to the Treasurer of the United States all such fees collected and earned by them in excess of the necessary expenses incurred and paid by them for attendance on court, record books, stationery, and clerk hire subsequent to May thirty-first, nineteen hundred, such expenses to be allowed and retained by said clerks on accounts approved by the judge of the court when accompanied by proper vouchers. And such clerks shall hereafter be paid the sum of one thousand dollars each per annum for all extra services in addition to their regular salary. [Par. 3.] (3) For salaries of four commissioners, appointed under Five Civilized Acts of Congress approved March third, eighteen hundred and ninetythree, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Number of commissioners. Special disbursng agent. Use of appropriation. Statement of expenditures. Temporary Provided, That the number of said commissioners is hereby fixed at four. For expenses of commissioners and necessary expenses of employees, and three dollars per diem for expenses of a clerk detailed as special disbursing agent by Interior Department, while on duty with the commission, shall be paid therefrom; for clerical help, including secretary of the commission and interpreters, three hundred thousand dollars; for contingent expenses of the commission, four thousand dollars; in all, three hundred and twenty-four thousand dollars: Provided further, That this appropriation may be used by said commission in the prosecution of all work to be done by or under its direction as required by law; and said commissioners shall at once make an itemized statement to the Secretary of the Interior of all their expenditures up to January first, nineteen hundred and one, and annually thereafter: And provided further, That not to exceed ten thousand four hundred clerks, office of dollars of the above amount may be used in the temporary employment in the office of the Commissioner of Indian Affairs of three Indian Affairs. NOTES.-(1) R. S., §§ 2043, 2044, provide for the appointment, salary, and traveling expenses of Indian inspectors. By 1898, June 28, ch. 517, § 27, one inspector was authorized to be located in the Indian Territory. (2) A similar but less comprehensive provision is made by the appropriation act of the preceding year, 1900, May 31, ch. 598 (31 Stat. L., 229). The clerks of court mentioned in the text were first authorized by 1890, May 2, ch. 182, §§ 30, 38 (1 Supp. R. S., 732, 736). Their status and designation were changed by 1895, March 1, ch. 145, § 3 (2 Supp. R. S., 394). By 1893, November 3, ch. 16 (2 Supp. R. S., 155), the provisions of which were reenacted by 1895, March 1, ch. 145, § 3 (2 Supp. R. S., 394), they were allowed to retain certain fees for their own use. For construction of the various acts relating to fees of clerks of court in the Indian Territory, see 35 C. Cls., 595. (3) For previous legislation in regard to this commission, see 1896, June 10, ch. 398, par. 5, and note (3) thereto (2 Supp. R. S., 513); 1897, June 7, ch. 3, par. 6 (2 Supp. R. S., 630); 1899, March 1, ch. 324, par. 4 (2 Supp. R. S., 953), and 1900, May 31, ch. 598, par. 2, and note (2) thereto, ante, p. 1181. clerks, at the rate of one thousand six hundred dollars per annum, who shall be competent to examine records in disputed citizenship cases and law contests growing out of the work of said commission, and in the temporary employment in said office of three competent stenographers, at the rate of one thousand dollars each per annum, to be immediately available. * * [Par. 4.] (4) To pay all expenses incident to the survey, platting, and appraisement of town sites in the Choctaw, Chickasaw, Creek, and Cherokee nations, Indian Territory, as required by sections fifteen and twenty-nine of an Act entitled "An Act for the protection of the people of the Indian Territory, and for other purposes," approved June twenty-eighth, eighteen hundred and ninety-eight, and all acts amendatory thereof or supplemental thereto, one hundred and fifty thousand dollars: Choctaw, Chickasaw, etc., nations. Town sites. Appointment of Provided, That hereafter the Secretary of the Interior may, whenever the chief executive of the Choctaw or Chickasaw Nation fails or commissioner. refuses to appoint a town-site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner appointed by the chief executive of the Choctaw or Chickasaw Nation to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created. * Rolls of Com [Par. 5.] (5) The rolls made by the Commission to the Five Civilized Tribes, when approved by the Secretary of the Interior, shall be final, mission to Five and the persons whose names are found thereon shall alone constitute the several tribes which they represent; Civilized Tribes. -to be final. -time for clos and the Secretary of the Interior is authorized and directed to fix a time by agreement with said tribes or either of them for closing said ing. rolls, but upon failure or refusal of said tribes or any of them to agree thereto, then the Secretary of the Interior shall fix a time for closing said rolls, after which no name shall be added thereto. That no act, ordinance, or resolution of the Creek or Cherokee tribes, except resolutions for adjournment, shall be of any validity until approved by the President of the United States. Acts of Creeks or Cherokees to be approved by the President. to be sent to When such acts, ordinances, or resolutions passed by the council of either of said tribes shall be approved by the principal chief thereof, President. then it shall be the duty of the national secretary of said tribe to forward them to the President of the United States, duly certified and sealed, who shall, within thirty days after their reception, approve or disapprove the same. -to be pub Said acts, ordinances, or resolutions, when so approved, shall be published in at least two newspapers having a bona fide circulation in the lished if approved. tribe to be affected thereby, and when disapproved shall be returned to the tribe enacting the same. * * -to be returned if disapproved. Supplies, purchase after adver tisement. except in ex SEC. 2. (6) That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks' public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall igency. make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Provided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other NOTES. (4) See the provisions here referred to, 1894, June 28, ch. 517, §§ 15, 29 (2 Supp. R. S., 819, 824), and other legislation relative to the commission to the Five Civilized Tribes as referred to in the next preceding note. (5) See the legislation referred to in the two preceding notes. (6) Similar provisions occur in prior appropriation acts. See 1899, March 1, ch. 324, § 3, and note (5) thereto (2 Supp. R. S., 954), and 1900, May 31, ch. 598, § 2 (31 Stat. L., 246). -or for irrigation. Indians pre works for irrigation, in the discretion of the Secretary of the Interior, without advertising as hereinbefore provided: Provided further, That as far as practicable Indian labor shall be ferred in pur- employed and purchase in the open market made from Indians, under chases and labor. the direction of the Secretary of the Interior: Manufactures by Indians. Rights of way for telephones and telegraph through Indian lands. No lines until approval. Damages, how ascertained. Annual tax. Rules for con Provided further, That the Secretary of the Interior may, when practicable, arrange for the manufacture, by Indians upon the reservations, or at industrial schools, of shoes, clothing, leather, harness, and wagons, and such other articles as the Secretary of the Interior may deem advisable, and the sum of ten thousand dollars is hereby appropriated to enable the Secretary of the Interior to carry this provision into effect. SEC. 3. That the Secretary of the Interior is hereby authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such struction and rules and regulations as said Secretary may prescribe. maintenance. No exemption from State tax. Regulating tolls reserved. Rights of towns on line of construc tion. Condemnation But nothing herein contained shall be so.construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this Act: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. (7) That lands allotted in severalty to Indians may be condemned for public use of for any public purpose under the laws of the State or Territory where lands allotted in severalty. located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. NOTE. (7) For acts providing for the allotment of lands in severalty to Indians, see 1887, February 8, ch. 119 (1 Supp. R. S., 534); 1891, February 28, ch. 383 (1 Supp. R. S., 897); 1894, August 15, ch. 290, pars. 5, 7 (2 Supp. R. S., 246); 1895, January 26, ch. 50 (2 Supp. R. S., 368); 1897, June 7, ch. 3, par. 7 (2 Supp. R. S., 631); 1900, May 31, ch. 598, par. 1, and note (1) thereto, ante, p. 1181, and 1901, February 6, ch. 217, ante, p. 1478. SEC. 4. That the Secretary of the Interior is hereby authorized to Secretary of Ingrant permission, upon compliance with such requirements as he may terior may grant deem necessary, to the proper State or local authorities for the open- highways through permission to open ing and establishment of public highways, in accordance with the laws Indian lands. of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been (7) allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. * [March 3, 1901.] * CHAP. 834.-An Act To amend "An Act authorizing certain officers of the Navy and Marine Corps to administer oaths." approved January twenty-fifth, eighteen hundred and ninety-five. (1) March 3, 1901. 31 Stat. L., 1086. Be it enacted, &c., That the Act entitled "An Act authorizing certain officers of the Navy and Marine Corps to administer oaths," approved rine Corps. January twenty-fifth, eighteen hundred and ninety-five, be, and is hereby, amended so as to read as follows: Navy and MaSubstitute for 1895, Jan. 25, ch. 45 (2 Supp. R. S., 368.) Oaths may be by "That judges-advocate of naval general courts-martial and courts of inquiry, and all commanders in chief of naval squadrons, commandants administered of navy-yards and stations, officers commanding vessels of the Navy, certain officers. and recruiting officers of the Navy, and the adjutant and inspector, R. S., § 1624, assistant adjutant and inspector, commanding officers, and recruiting arts. 28, 29, 40, 41, officers of the Marine Corps be, and the same are hereby, authorized 57, 58. to administer oaths for the purposes of the administration of naval justice and for other purposes of naval administration." [March 3, 1901.] NOTE.-(1) By this substitute recruiting officers of the Navy, and the assistant adjutant and inspector of the Marine Corps are added to those authorized to administer oaths. CHAP. 836.-An Act To amend "An Act granting additional quarantine powers and imposing additional duties upon the Marine-Hospital Service," approved February fifteenth, eighteen hundred and ninety-three. (1) March 3, 1901. 31 Stat. L., 1086. Marine-Hospital Service. 1893, Feb. 15,ch. 114 (2 Supp. R. S., 82). ice. Quarantine serv Grounds and an chorages for yes quaran- sels. -penalty for Be it enacted, dec., That an Act granting additional quarantine powers and imposing additional duties upon the Marine-Hospital Service, approved February fifteenth, eighteen hundred and ninety-three, be amended by addition of the following sections: "SEC. 10. That the Supervising Surgeon-General, with the approval of the Secretary of the Treasury, is authorized to designate and mark the boundaries of the quarantine grounds and quarantine anchorages for vessels which are reserved for use at each United States tine station; and any vessel or officer of any vessel or other person, other than State or municipal health or quarantine officers, trespassing trespassing. or otherwise entering upon such grounds or anchorages in disregard of the quarantine rules and regulations, or without permission of the officer in charge of such station, shall be deemed guilty of a misdemeanor and subject to arrest, and upon conviction thereof be punished by a fine of not more than three hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. Any master or owner of any vessel, or any person violating any provision of this Act or any rule or regulation made in accordance with this Act, relating to inspection of vessels or relating to the prevention of the NOTE. (1) For a review of the laws relating to the public health, see 1894, August 18, ch. 300 (2 Supp. R. S., 334), providing that bills of health are not required from ports near frontier; also note thereto, and notes to 1893, February 15, ch. 114 (2 Supp. R. S., 82). penalty for violating contagious disease regulations. Vessel from foreign port with out bill of health. -subject to quarantine meas ures. Medical officers introduction of contagious or infectious diseases, or any master, owner, or agent of any vessel making a false statement relative to the sanitary condition of said vessel or its contents or as to the health of any passenger or person thereon, shall be deemed guilty of a misdemeanor and subject to arrest, and upon conviction thereof be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. "SEC. 11. That any vessel sailing from any foreign port without the bill of health required by section two of this Act, and arriving within the limits of any collection district of the United States, and not entering or attempting to enter any port of the United States, shall be subject to such quarantine measures as shall be prescribed by regulations of the Secretary of the Treasury, and the cost of such measures shall be a lien on said vessel, to be recovered by proceedings in the proper district court of the United States and in the manner set forth above as regards vessels from foreign ports without bills of health and entering any port of the United States. "SEC. 12. That the medical officers of the United States, duly may administer clothed with authority to act as quarantine officers at any port or place oaths, etc. within the United States, and when performing the said duties, are hereby authorized to take declarations and administer oaths in matters pertaining to the administration of the quarantine laws and regulations of the United States." [March 3, 1901.] March 3, 1901. 31 Stat. L., 1087. Fall River, Mass. CHAP. 837.-An Act To extend the privileges of the seventh section of the immediate transportation Act to Fall River, Massachusetts. (1) Be it enacted, &c., That the privileges of the seventh section of the -immediate Act approved June tenth, eighteen hundred and eighty, governing the transportation privileges ex- immediate transportation of dutiable merchandise without appraisement be, and they are hereby, extended to the port of Fall River, Massa1880, June 10, chusetts. [March 3, 1901.] tended to. ch. 190, § 7 (1 Supp. R. S., 294). March 3, 1901. 31 Stat. L., 1091. Dist. Columbia. NOTE. (1) By R. S., §§ 2990, 2997, the entry of merchandise for transportation in bond may be made at Boston. By § 2527 provision is made for the ports of entry and delivery; by § 2529 for the offices in the collection district, and by § 2605 additional inspectors are provided for Boston. By 1880, June 10, ch. 190, § 7 (1 Supp. R. S., 294), immediate transportation privileges are extended to Salem and Boston. By 1884, April 18, ch. 25 (1 Supp. R. S., 425), Rockport is made a port of delivery in district of Gloucester, Mass. By 1884, July 5, ch. 232 (1 Supp. R. S., 467), Dennis Bourne is added to the seventh collection district of Massachusetts. By 1890, September 25, ch. 912 (1 Supp. R. S., 805), Springfield is made a port of delivery with privileges of immediate transportation, and the Hartford collection district is changed. By 1900, June 6, ch. 818, ante, p. 1449, immediate transportation privileges are extended to Worcester, Mass. By 1901, February 20, ch. 383, ante, p. 1486, immediate transportation privileges are extended to New Bedford, Mass. CHAP. 844.—An Act To amend the Acts for the protection of birds, game, and fish in the District of Columbia. (1) Be it enacted, &c., That sections one and three of an Act entitled "An Act for the protection of birds, preservation of game, and for the 1899, March 3, prevention of its sale during certain closed seasons, in the District of ch. 417, $81,32 Columbia," approved March third, eighteen hundred and ninety-nine, Supp. R. S., 976). be, and they are hereby, amended to read as follows: Partridges, when protected. "That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any partridge, otherwise quail, between the fifteenth day of March and the first day of November, under a NOTE.-(1) Section 1 of this act is merely an amplification of §§ 1 and 3 of 1899, March 3, ch. 417 (2 Supp. R. S., 976). |