penalty of five dollars for each partridge, otherwise quail, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. "That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any woodcock between the first day of January and the first day of July, under a penalty of five dollars for each woodcock killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. "That no person shall expose for sale or have in his or her possession, either dead or alive, any prairie chicken, otherwise pinnated grouse, between the fifteenth day of March and the first day of September, under a penalty of five dollars for each prairie chicken, otherwise pinnated grouse, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. "That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild turkey or ruffed grouse, otherwise known as pheasant, between the twenty-sixth day of December and the first day of November, except the English, ring-neck, or other pheasants of foreign origin hatched and raised in farm poultry inclosures, under a penalty of five dollars for each wild turkey or ruffed grouse, otherwise known as pheasant, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. "That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any squirrel or rabbit except the species known as the English rabbit, Belgian hare, between the first day of February and the first day of November, under a penalty of two dollars for each squirrel or rabbit killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than three months. Woodcock. Prairie chicken. Wild turkey. Rabbits. Wild duck, "That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild duck, wild goose, brant, brant, etc. snipe, or plover between the first day of April and the first day of September, under a penalty of five dollars for each wild duck, wild goose, brant, snipe, or plover killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months. "That no person shall kill, expose for sale, or have in his or her Ortolan, reed possession, either dead or alive, any water rail or ortolan, reed bird bird, etc. or rice bird, marsh blackbird, or other game bird not previously mentioned, between the first day of February and the first day of September, under a penalty of two dollars for each water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than six months. "SEC. 3. That for the purposes of this Act the following only shall be considered game birds: The Anatidae, commonly known as swans, geese, brant, river and sea ducks; the Rallidæ, commonly known as rails, coots, mud hens, and gallinules; the Limicolæ, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the Gallinæ, commonly known as wild turkeys, Game birds defined. Killing, having, forbidden. nests. grouse, prairie chickens, pheasants, partridges, and quails, and the species of Icterida, commonly known as marsh blackbirds and reed birds or rice birds. "That no person shall kill, catch, expose for sale, or have in his or etc., certain birds her possession, living or dead, any wild bird other than a game bird, -robbing of English sparrow, crow, Cooper's hawk, sharpshinned hawk, or great horned owl; nor rob the nest of any such wild bird of eggs or young; nor destroy such nest except in the clearing of land of trees or brush, under a penalty of five dollars for every such bird killed, caught, exposed for sale, or had in his or her possession, either dead or alive, and for each nest destroyed, and in default thereof to be imprisoned in the workhouse for a period not exceeding thirty days: --except for sci Provided, That this section shall not apply to birds or eggs colentific purposes. lected for scientific purposes under permits issued by the superintendent of police of the District of Columbia in accordance with such instructions as the secretary of the Smithsonian Institution may prescribe, such permits to be in force for one year from the date of issue and nontransferable. Trapping forbidden. Stuffed birds. Substitute for "That no person shall trap, net, or ensnare any waterfowl or other wild bird (except the English sparrow), or have in his or her possession any trap, snare, net, or illuminating device for the purpose of killing or capturing any such bird, under a penalty of five dollars for each waterfowl or other wild bird (except the English sparrow) killed or captured, and in default thereof to be imprisoned in the workhouse not exceeding thirty days: Provided, That this Act shall not apply to birds or animals heretofore stuffed or to birds or animals hereafter killed in open season and subsequently stuffed." SEC. 2. That section eight of an Act for the (2) protection of fish in 1898, May 17, the District of Columbia, for the maintenance of a permanent spawnch. 338 (2 Supp. ing ground in the Potomac River in said District, and for other purR. S., 764). poses, is hereby amended so as to read: Nets, boats, etc., seized for illegal fishing, etc., to be sold. Substitute for 1898, May 17, ch. 338 (2 Supp. R. S., 763). "SEC. 8. (3) That all nets, boats, or other contrivances, the property of any person or persons convicted under the provisions of this Act, shall be confiscated to the District of Columbia, and the same shall be sold at public auction to the highest bidder, by the property clerk of said District, and the proceeds therefrom be deposited with the collector of taxes, as are other District revenues." SEC. 3. That section two of "An Act for the protection of fish in the District of Columbia, for the maintenance of a permanent spawning ground in the Potomac River in said District, and for other purposes," approved May seventeenth, eighteen hundred and ninety-eight, be, and is hereby, amended to read as follows: Catching bass, "SEC. 2. That no person shall catch or kill in the waters of the etc., between April Potomac River or its tributaries within the District of Columbia any 1 and May 29 for- black bass (otherwise known as green bass and chub), crappie (otherwise known as calico bass and strawberry bass), between the first day of April and the (4) twenty-ninth day of May of each year, bidden. -possessing or exposing.. Angling, when permitted. Fishing with trot line forbidden. nor have in possession nor expose for sale any of said species between the dates aforesaid, nor catch or kill any of said species of fish at any other time during the year except by angling, nor catch nor kill any of the aforesaid species by what are known as out lines or trot lines, having a succession of hooks or devices." [March 3, 1901.] NOTES. (2) See 1894, March 12, ch. 35 (2 Supp. R. S., 171), providing for the protection of fish in the Potomac River, and note thereto for a review of laws relating to fishing in the District of Columbia. (3) The section of which this is an amendment provided for the return of the nets, boats, etc., after conviction. (4) In the section for which this is a substitute this date was June 1 instead of May 29. CHAP. 845.-An Act Supplementary to an Act entitled "An Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, and fixing the compensation of commissioners in such cases. (1) March 3, 1901. 31 Stat. L., 1093. Chinese arrested Be it enacted, &c., That it shall be lawful for the district attorney of the district in which any Chinese person may be arrested for being for illegal entry. found unlawfully within the United States, or having unlawfully entered the United States, to designate the United States commis- Commissioner to sioner within such district before whom such Chinese person shall be conduct hearing. taken for hearing. SEC. 2. That a United States commissioner shall be entitled to receive a fee of five dollars for hearing and deciding a case arising under the Chinese-exclusion laws. -fees. Complaint in rant. war SEC. 3. That no warrant of arrest for violations of the Chineseexcfusion laws shall be issued by United States commissioners except- support of ing upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector, deputy collector, or inspector of customs, immigration inspector, United States marshal, or deputy United States marshal, or Chinese inspector, unless the issuing of such warrant of arrest shall first be approved or requested Approval of warin writing by the United States district attorney of the district in rant. which issued. SEC. 4. That this Act shall take effect immediately. [March 3, 1901.] Effect. By 1900, June 6, ch. 791, ante, p. 1434, the Commissioner-General of Immigration was charged with the administration of the Chinese exclusion laws. By 1898, July 7, Res. No. 55 (2 Supp. R. S., 896), the immigration of Chinese into the Hawaiian Islands was forbidden. See also 1892, May 5, ch. 60, and 1893, November 3, ch. 14 (2 Supp. R. S., 14, 153, 154), for a review of legislation affecting Chinese; also 1894, December 7 (2 Supp. R. S., 155-158), for convention between the United States and China. CHAP. 846.-An Act To supplement existing laws relating to the disposition of lands, and so forth. March 3, 1901. 31 Stat. L., 1093. Oklahoma. Subdivision of ceded lands of Wichitas, etc., before opening. Be it enacted, dc., SECTION 1. That before the time for opening to settlement or entry of any of the lands in the Territory of Oklahoma, respectively ceded to the United States by the Wichita and affiliated bands of Indians, and the Comanche, Kiowa, and Apache tribes of Indians, under agreements respectively ratified by the Acts of March 1895, Mar. 2, ch. second, eighteen hundred and ninety-five, and June sixth, nineteen 188 (28 Stat. L., hundred, it shall be the duty of the Secretary of the Interior to sub- 895). divide the same into such number of (1) counties as will, for the time 813 (31 Stat.' L., being, best subserve the public interests, and to designate the place for 676). the county seat of each county, and to set aside and reserve at such --place for councounty seat, for disposition as herein provided, three hundred and ty seat, etc. twenty acres of land: Provided, That the Secretary of the Interior may attach any part of said lands to any adjoining county in said Territory. 1900, June 6, ch. lands may be attached to adjoining county. Proclamation of opening of lands The lands to be opened to settlement and entry under the Acts of Congress ratifying said agreements respectively shall be so opened by proclamation of the President, and to avoid the contests and conflict- for entry. ing claims which have heretofore resulted from opening similar public lands to settlement and entry, the President's proclamation shall pre NOTE. (1) By 1891, March 3, ch. 543, § 37 (1 Supp. R. S., 929), it was provided that before any lands should be opened to settlement in Oklahoma, the Secretary of the Interior should divide the same into counties containing not less than 700 square miles in each. -regulations. Survey and sub etc. scribe the manner in which these lands may be settled upon, occupied and entered by persons entitled thereto under the Acts ratifying said agreements, respectively; and no person shall be permitted to settle upon, occupy or enter any of said lands except as prescribed in such proclamation until after the expiration of sixty days from the time when the same are opened to settlement and entry. (2) The lands so set apart and designated shall, in advance of the division of lands, opening, be surveyed, subdivided, and platted, under the direction of the Secretary of the Interior, into appropriate lots, blocks, streets, alleys, and sites for parks or public buildings, so as to make a town site thereof: Limit to purchase of business lots, etc. Disposition proceeds. -court-house. Provided, That no person shall purchase more than one business and one residence lot. Such town lots shall be offered and sold at public auction to the highest bidder, under the direction of the Secre tary of the Interior, at sales to be had at the opening and subsequent of thereto. The receipts from the sale of these lots in the respective county seats shall, after deducting the expenses incident to the surveying, subdividing, platting, and selling of the same, be disposed of under the direction of the Secretary of the Interior in the following manner: A court-house shall be erected therewith at such county seat at a cost of not exceeding ten thousand dollars and the residue shall be applied to the construction of bridges, roads, and such other public -improve- improvements as the Secretary of the Interior shall deem appropriate, including the payment of all expenses actually necessary to the maintenance of the county government until the time for collecting county taxes in the calendar year next succeeding the time of the opening. County indebt- No indebtedness of any character shall be contracted or incurred by any of said counties prior to the time for collecting county taxes in the calendar year next succeeding the opening, excepting where the same shall have been authorized by the Secretary of the Interior. ments. edness. County and SEC. 2. The governor of the Territory shall appoint and commission township officers. for each county all county and township officers made necessary by the laws of the Territory of Oklahoma, who shall hold their respective offices until the officers elected by the people at the general election next following the opening shall have qualified. Additional land districts ized. Land offices. SEC. 3. The President is hereby authorized to establish two addiauthor- tional United States land districts and land offices in the Territory of Oklahoma, which districts shall include the lands so ceded by the Wichita and affiliated bands of Indians, one of the (3) land offices shall be located at Elreno, in the county of Canadian; and the other shall be located at the county seat nearest Fort Sill. These land districts shall be respectively established at the time of proclaiming the lands aforesaid open to settlement and entry. [March 3, 1901.] March 3, 1901. 31 Stat. L., 1095. Dist. Columbia. NOTES. (2) By 1890, May 14, ch. 207 (1 Supp. R. S., 739), as amended by 1898, July 7, ch. 571, par. 9 (2 Supp. R. S., 883), provision is made for township entries. (3) By 1897, January 18, ch. 62, § 6 (2 Supp. R. S., 540), a land office was established at Mangum, Okla., and by 1890, May 2, ch. 182, § 19 (1 Supp. R. S., 729), the President was authorized to establish a land office in the district known as the Public Land Strip, while by 1889, March 2, ch. 411, § 15 (1 Supp. R. S., 699), he was authorized to establish two offices in the lands of the Seminoles and Cherokees in Indian Territory opened to settlement. CHAP. 847.-An Act To enlarge the powers of the courts of the District of Columbia in cases involving delinquent children, and for other purposes. Be it enacted, &c., That the judges of the criminal and police courts of the District of Columbia are hereby authorized and empowered, at their discretion, to commit to the custody and care of the (1) Board of NOTE. (1) By 1892, July 26, ch. 250 (2 Supp. R. S., 48), the Board of Children's Guardians is created and its powers defined. See note thereto for a review of the laws relating to the care of children. By 1893, March 3, ch. 199, par. 8 (2 Supp. R. S., 111), the Board of Children's Guardians has control over feeble-minded children. to have charge of Children's Guardians of the District of Columbia children under seven- Board of Chilteen years of age who shall be convicted of petty crimes or misde- dren's Guardians meanors which may be punishable with fine or imprisonment; and children, etc. said Board of Children's Guardians shall place, under contract, such -to place chilchildren in such suitable homes, institutions, or training schools for dren in homes, the care of children as it may deem wise and proper. etc. SEC. 2. That no court shall commit a child under seventeen years of Children not to age, charged with or convicted of a petty crime or misdemeanor pun- be committed to ishable by a fine or imprisonment, to a jail, workhouse, or police jail, etc. station, but if such child be unable to give bail or pay a fine, it may be committed to the Board of Children's Guardians temporarily or permanently, in the discretion of the court, and said board shall make some suitable provision for said child outside the inclosure of any jail, workhouse, or police station, or said court may commit such child to the (2) Reform School under the laws now providing for such to Reform School. commitment. provision for. -commitment -duties. SEC. 3. That for the purpose of aiding the court in a proper dispo- Probation offisition of cases referred to in section one the Board of Children's cer. Guardians is hereby authorized and directed to designate one of its employees as a probation officer, whose duty shall be to make such investigation in cases involving children under seventeen years of age as the court may direct, to be present in court in order to represent the interests of the child when the case is heard, to furnish the court such information and assistance as the judge may require, and to take charge of any child before and after trial as may be directed by the court. Parent or guard care for child. --penalty. SEC. 4. That any person within the District of Columbia, of sufficient financial ability, who shall refuse or neglect to provide for any child ian refusing under the age of fourteen years, of which he or she shall be the parent or guardian, such food, clothing, and shelter as will prevent the suffering and secure the safety of such child, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment by a fine of not more than one hundred dollars, or by imprisonment in the workhouse of the District of Columbia for not more than three months, or both such fine and imprisonment. etc. to SEC. 5. That whenever petition or information shall have been filed Petition for comin any court of the District of Columbia authorized to commit children mitment to Board, to the care, custody, and guardianship of the Board of Children's Guardians for such commitment of any child, and upon the hearing of the same before said court it shall appear to the satisfaction of the court that such child is entitled to be committed as aforesaid under or by virtue of any of the provisions of the Act of Congress approved July 1892, July 26, twenty-sixth, eighteen hundred and ninety-two, entitled "An Act to ch. 250 (2 Supp. provide for the care of dependent children in the District of Columbia R. S., 48). and to create a Board of Children's Guardians," and if said evidence tends to show that such child has a father or a mother, either of whom is able to contribute to the support of such child, either by reason of having means or property or having an income consisting of wages or salary due for personal services or labor or otherwise, but fails or neglects so to do, then the proper prosecuting officer shall file in the police court of the District of Columbia an information charging said father or mother, or both, with such failure or neglect, and upon conviction thereof the said court shall require the father or the mother of such child, or both such father and mother, to contribute by stated payments, to be made to said Board of Children's Guardians, toward tribution. the support of such child such sum or sums, monthly, weekly, or otherwise, as in the judgment of said court either or both such father and mother should and may be able to pay; and the courts aforesaid may NOTE. (2) For provisions affecting the Reform School, see 1900, June 5, ch. 715, ante, p. 1188, and note thereto; for provisions affecting Reform School for Girls, see 1901, February 25, ch. 478, ante, p. 1489, and note thereto. Information charging parent with failure to support child. -order of con |