March 3, 1901. 31 Stat L., 1437. Everett, Wash. -immediate CHAP. 857.—An Act Extending to the city of Everett, Washington, a subport of entry. the privileges of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable merchandise. (1) Be it enacted, &c., That the privileges of the Act approved June transportation tenth, eighteen hundred and eighty, governing the immediate transprivileges. 1880, June 10, portation of dutiable merchandise without appraisement, be, and the ch. 190 (1 Supp. same are hereby, extended to Everett, a subport of entry in the customs collection district of Puget Sound. [March 3, 1901.] R. S., 293). NOTE.-(1)By 1882, April 25, ch. 88 (1 Supp. R. S., 336), amending R. S., §§ 2586, 2587, five collection districts were created in Washington and Oregon. By 1886, May 1, ch. 69 (1 Supp. R. S., 490), immediate transportation privileges were extended to Port Townsend. By 1890, August 28, ch. 814 (1 Supp. R. S., 789), the customs collection district of Puget Sound was reorganized and established to comprise the State of Washington, in which Port Townsend was made the port of entry, while certain other places were designated as subports of entry and delivery. March 3, 1901. 31 Stat. L., 1437. Hawaii. Subports of entry and delivery to be established. -discontinu ance. CHAP. 858.-An Act To provide for subports of entry and delivery in the Territory of Be it enacted, &c., That such places in the customs district of the Territory of Hawaii as the Secretary of the Treasury may from time to time designate shall be subports of entry and delivery, and customs officers shall be stationed at such subports with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as in the judgment of the Secretary of the Treasury the exigencies of commerce may require: Provided, however, That the Secretary of the Treasury be, and he is hereby, authorized and empowered to discontinue such subports of entry or delivery whenever in his judgment there is necessity for such action. [March 3, 1901.] NOTE.-(1) By 1900, April 30, ch. 339, § 88, ante, p. 1159, the Territory of Hawaii is to comprise a customs collection district, with ports of entry and delivery at Honolulu, Hilo, Mahukona, and Kahului. By 1900, May 26, ch. 589, ante, p. 1178, certain customs officers are authorized for the customs district of Hawaii. By 1901, February 15, ch. 373, ante, p. 1483, the privileges of immediate transporportation are extended to Honolulu. March 3, 1901. 31 Stat. L., 1438. Alaska. towns. Substitute for 1900, June 6, ch. 786, title 3, § 203, ante, p. 1397. Treasurer to cations, etc. CHAP. 859.-An Act To amend section two hundred and three of title three of the Act entitled "An Act making further provisions for a civil government for Alaska, and for other purposes." Be it enacted, &c., That section two hundred and three of title three of the Act entitled "An Act making further provisions for a civil government for Alaska, and for other purposes," be amended so as to read as follows: (1) The treasurer of the corporation shall be ex officio treasurer of give bond, qualifi- the school board, and shall, before entering upon the duties of his office, take the oath prescribed by law and execute bonds to the corporation in an amount to be determined by the judge of the district court, which bond shall be approved by the council and the judge of the district court and filed in the office of the recorder of the corpora tion, and he shall give such additional bond as the council or judge of the district court may from time to time direct, but in no event shall such bonds be less than twice the amount of money in the hands of the -additional bond. NOTE. (1) The amendment of this section consists in the addition of all matter after the last "Provided." treasurer at any one time, to be determined by the tax rolls and license books of the corporation, of the corporation clerk, and the clerk of the district court: Disposition of license moneys. 1899, Mar. 3, ch. 429, § 460 (2 Supp. R. S., 1091). Provided, That fifty per centum of all license moneys provided for by Act of Congress approved March third, eighteen hundred and ninety-nine, entitled "An Act to define and punish crimes in the district of Alaska and to provide a code of criminal procedure for said district," and any amendments made thereto, required to be paid by any resident, person, or corporation for business carried on within said corporation, shall be paid over by the clerk of the United States district court receiving the same to the treasurer of said corporation treasurer. upon taking his receipt therefor in duplicate, one of which duplicate receipts shall be forwarded to the Secretary of the Treasury of the United States by the clerk as a voucher in lieu of cash, and the other receipt shall be retained by the clerk. -clerk to pay to Use of money The money received by the treasurer of the corporation from the clerk of the court for licenses shall be used, under the direction of the for school purcouncil, for school purposes: poses. Surplus for mu License money Provided, That where it is made to appear to the satisfaction of the district court that the whole amount heretofore or hereafter received by the treasurer of the corporation from the clerk of the court is not required for school purposes, the court may from time to time, by orders duly made and entered with a statement of the facts upon which they are based, authorize the expenditure of the accumulated surplus, or any part thereof, for any of the municipal purposes enumerated in nicipal purposes. this chapter. Fifty per centum of all license moneys provided for by said Act of Congress approved March third, eighteen hundred and ninety-nine, and received outside incorporated any amendments made thereto, that may hereafter be paid for business towns. carried on outside incorporated towns in the district of Alaska, and covered into the Treasury of the United States, shall be set aside to be expended, so far as may be deemed necessary by the Secretary of the Interior, within his discretion and under his direction, for school for schools outpurposes outside incorporated towns in said district of Alaska. [March side of towns. 3, 1901.] CHAP. 861.—An Act To establish Lowelltown, Maine, a subport of entry. (1) Be it enacted, &c., That Lowelltown, Maine, be, and is hereby, established as a subport of entry in the customs collection district of Bangor, Maine. [March 3, 1901.] NOTE.-(1) By 1900, June 4, ch. 623, ante, p. 1187, Calais, Me., was made a subport of entry and granted immediate transportation privileges. See 1898, February 17, ch. 28 (2 Šupp. R. S., 730), for a review of legislation affecting ports of entry, etc. March 3, 1901. 31 Stat. L., 1439. Lowelltown, Me. -made a subport of entry. March 3, 1901. 31 Stat. L., 1439. Timber depredations. CHAP. 862.-An Act To amend chapter five hundred and fifty-nine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-one. (1) Be it enacted, &c., That the provisions of chapter five hundred and fifty-nine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-one, limiting the use of tion in certain timber taken from public lands to residents of the State in which such cases. NOTES. (1) This amendment is an extension of the right heretofore existing under 1891, March 3, ch. 559 (1 Supp. R. S., 939), in the States of Colorado, Montana, Idaho, North Dakota, South Dakota, Wyoming, Alaska, and certain portions of Nevada and Utah, wherein it is a good defense to show in prosecutions for trespass on public timber lands, etc., that the timber was removed under regulations promulgated by the Secretary of the Interior. By 1893, February 13, ch. 103 (2 Supp. R. S., 81), New Mexico and Arizona are -defense to ac R. S., 939). 1891, Mar. 3, ch. timber is found, for use within said State, shall not apply to the south 559, § 8 (1 Supp. slope of Pryor Mountains, in the State of Montana, lying south of the 1891, Mar. 3, ch. Crow Reservation, west of the Big Horn River, and east of Sage Creek; 561, § 8 (26 Stat. but within the above-described boundaries the provisions of said chapL., 1099). ter shall apply equally to the residents of the States of Wyoming and Montana, and to the use of (2) timber taken from the above-described tract in either of the above-named States. [March 3, 1901.] R. S., § 2461. also included; while by 1898, May 14, ch. 299, § 11 (2 Supp. R. S., 761), other provisions are made for the district of Alaska. By 1901, March 3, ch. 855, ante, p. 1805, the States of California, Oregon and Washington are included within the provisions of the above act. (2) By 1878, April 30, ch. 76 (1 Supp. R. S., 159), provision is made for the deposit of moneys collected from timber depredations and a penalty provided for the exportation from the Territories of timber cut on public lands. By 1878, June 3, ch. 150 (1 Supp. R. S., 166), citizens of Colorado, Nevada, and the Territories are authorized to fell and remove timber on the public domain for mining and domestic purposes. By 1878, June 3, ch. 151 (1 Supp. R. S., 167), provision is made for the sale of timber lands in the States of California, Oregon, Nevada, and Washington, and a penalty provided for the unlawful cutting of timber with intent to export or dispose of the same, etc. By 1888, June 4, ch. 340, amending R. S., § 5388, provision is made for the punishment of timber depredations on lands reserved for military or other purposes or on Indian reservations, etc. By 1889, February 16, ch. 172 (1 Supp. R. S., 645), the President is authorized to permit the Indians residing on reservations or allotments to fell, cut, and remove dead timber on such reservation. By 1895, January 19, ch. 34 (2 Supp. R. S., 366), provision is made authorizing certain settlers in the burnt districts of Minnesota and Michigan to cut the burnt timber. By 1897, March 3, ch. 372 (2 Supp. R. S., 577), provision is made for the protection of the trees, etc., upon the national military parks. See also note thereto. By 1897, June 4, ch. 2, par. 7 (2 Supp. R. S., 625), provision is made for the appraisal and sale of certain timber on forest reservation, to be used in the State or Territory in which the timber reservation may be situated, but not for export. By the same act the Secretary of the Interior was authorized to permit the use of timber and stone found upon such reservation by benefit settlers, miners, etc. By 1897, June 7, ch. 3, par. 10 (2 Supp. R. S., 632), it is provided that the Secretary of the Interior might authorize Indians residing on reservations in Minnesota to fell, cut, and remove dead timber for the sole benefit of such Indians. By 1898, July 1, ch. 546, par. 5 (2 Supp. R. S., 875), the Secretary of the Interior is authorized to grant permits to citizens of Idaho and Wyoming to cut timber in the State of Wyoming west of the Continental Divide on the Snake River, and to remove the same to the State of Idaho. March 3, 1901. 31 Stat. L., 1440. Military schools. equipments for instruction in seamanship. CHAP. 863.-An Act To authorize the Secretary of the Navy to loan naval equipment to certain military schools. (1) Be it enacted, &c., That the President be, and he is hereby, author-loan of naval ized, upon the application of the governor of any State having seacoast line or bordering on one or more of the Great Lakes, to direct the Secretary of the Navy to furnish to one well-established military school in that State, desiring to afford its cadets instruction in elementary seamanship, one fully equipped man-of-war's cutter for every fifty cadets in actual attendance, and such other equipment as may be spared and be deemed adequate for instruction in elementary seamanship: -conditions. Provided, That the said school shall have adequate facilities for cutter drill, and shall have in actual attendance at least one hundred and forty cadets in uniform receiving (2) military instruction and NOTES.-(1) By 1874, June 20, ch. 339 (1 Supp. R. S., 25), to encourage the establishment of public marine schools, the loan of certain vessels of the Navy is authorized for certain ports, as well as the detail of officers as instructors. By 1881, March 3, ch. 141 (1 Supp. R. S., 325), the number of these ports is increased. By 1894, August 3, ch. 192 (2 Supp. R. S., 221), the loan of vessels of the Navy for use of the naval militia of the various States is authorized. (2) For a review of legislation affecting the assignment of officers of the Army and Navy as instructors at military schools, etc., see 1901, February 26, ch. 607, ante, p. 1490, and note thereto. quartered in barracks under military regulation, and shall have the capacity to quarter and educate at the same time one hundred and fifty cadets: And provided further, That the Secretary of the Navy shall require -bond. a bond in each case in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required. [March 3, 1901.] CHAP. 865.-An Act Amending section forty-seven hundred and eight of the Revised Be it enacted, &c., That section forty-seven hundred and eight of the laws of the United States governing the granting of army and navy pensions be, and the same is, amended to read as follows: (2) March 3, 1901. 31 Stat. L., 1445. Pensions. Substitute for R. S., § 4708. -to cease on The remarriage of any widow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to remarriage of the date of her remarriage, whether an application therefor was filed widow, before or after such marriage; but on the remarriage of any widow, etc. dependent mother, or dependent sister having a pension, such pension shall cease: hood. on widow -if without means of support. Provided, however, That any widow who was the lawful wife of restored any officer or enlisted man in the Army, Navy, or Marine Corps of renewed the United States, during the period of his service in any war, and whose name was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension 1890, June 27, roll by reason of her marriage to another person who has since died ch. 634 (1 Supp. or shall hereafter die, or from whom she has been heretofore or R. S., 761). shall be hereafter divorced, upon her own application and without 1900, May 9, ch. fault on her part, and if she is without means of support other than 38562,14 ante, p. 1862, July 14, ch. her daily labor as defined by the Acts of June twenty-seventh, eight- 166 (12 Stat. L., een hundred and ninety, and May ninth, nineteen hundred, shall be 566). entitled to have her name again placed on the pension roll at the rate 1873, March 3, now provided for widows by the Acts of July fourteenth, eighteen L., 566). hundred and sixty-two, March third, eighteen hundred and seventy- 1886, March 19, three, and March nineteenth, eighteen hundred and eighty-six, such ch. 22 (1 Supp. R. pension to commence from the date of the filing of her application in S., 487); the Pension Bureau after the approval of this Act: And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be NOTES.-(1) By 1882, August 7, ch. 438 (1 Supp. R. S., 383), amending R. S., § 4702, general provision is made for a pension to widows and minor children. By 1886, March 19, ch. 22 (1 Supp. R. S., 487), the pension of widows, minors, and dependent relatives under the general law is increased to $12 per month. By 1890, June 27, ch. 634 (1 Supp. R. S., 761), dependent widows and minor children of soldiers in the war of the rebellion are to receive a pension without regard to the cause of the soldier's death, if dependent, but the widow must have married the soldier prior to the passage of such law. The degree of dependence is defined by act of 1900, May 9, § 3, ch. 385, ante, p. 1165, reenacting the act of 1890. By 1899, March 3, ch. 460 (2 Supp. R. S., 1108), amending R. S., § 4766, no pension is allowable under any law of the United States to a widow of a soldier or sailor, unless it is proved and established that the marriage of such widow with the soldier or sailor was entered into prior to the passage of this act, or unless the wife has lived with her husband from the date of the marriage to the date of his death. This provision does not apply, however, to the widows of soldiers or sailors serving in the war with Spain. (2) The amendment of this section consists in the addition of all matter commencing with the words "Provided, however." ch. 234 (17 Stat. -to date from filing petition. Not restored if drawing pension. if pension accrued to helpless No fee allowed. entitled to restoration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease. SEC. 2. No claim agent or other person shall be entitled to receive any compensation for services in making application for pension under this Act. [March 3, 1901.] March 3, 1901. 31 Stat. L., 1446. Common carri Commerce Commission. CHAP. 866.-An Act Requiring common carriers engaged in interstate commerce to make full reports of all accidents to the Interstate Commerce Commission. (1) Be it enacted, &c., It shall be the duty of the general manager, ers to report acci- superintendent, or other proper officer of every common carrier engaged dents to Interstate in interstate commerce by railroad to make to the Interstate Commerce Commission, at its office in Washington, District of Columbia, a monthly report, under oath, of all collisions of trains or where any train or part of a train accidentally leaves the track, and of all accidents which may occur to its passengers or employees while in the service of such common carrier and actually on duty, which report shall state the nature and causes thereof, and the circumstances connected therewith. SEC. 2. That any common carrier failing to make such report within thirty days after the end of any month shall be deemed guilty of a misdemeanor and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of not more than one hundred dollars for each and every offense and for every day during which it shall fail to make such report after the time herein specified for making the same. -penalty for failure to report. inad SEC. 3. That neither said report nor any part thereof shall be evi- admitted as evidence or used for any purpose against such railroad so making such report in any suit or action for damages growing out of any matter mentioned in said report. Form of reports. SEC. 4. That the Interstate Commerce Commission is authorized to prescribe for such common carriers a method and form for making the reports in the foregoing section provided. [March 3, 1901.] NOTE. (1) By 1898, June 1, ch. 370, § 10 (2 Supp. R. S., 773), a penalty is provided for any employer who requires as a condition precedent of employment that the employee shall release the employer of any legal liability by reason of personal injury under certain conditions, etc. By 1893, March 2, ch. 196 (2 Supp. R. S., 102) provision is made to promote the safety of employees and travelers upon railroads by compelling common carriers to equip their cars with automatic couplers, continuous brakes, etc. 1896, April 1, ch. 87 (2 Supp. R. S., 455), is a substitute for § 6 of the foregoing act and fixes the penalty for violations of said act and the method of filing the information. March 3, 1901. 31 Stat. L., 1446. Exchange of CHAP. 867.—An Act To amena an Act amending the Act entitled "An Act to authorize the receipt of United States gold coin in exchange for gold bars." (1) Be it enacted, &c., That the Act approved March third, eighteen gold bars for gold hundred and ninety-one, amending the Act approved May twenty-sixth, eighteen hundred and eighty-two, be amended so as to read as follows: coin authorized. NOTE.-(1) The amendment of this section consists in substituting the present proviso for the following, appearing in the original act: "Provided, That the Secretary of the Treasury may impose for such exchange a charge which in his judgment shall equal the cost of manufacturing the bars." From H. R. Report No. 1513, Fifty-sixth Congress, first session, it appears that the amendment was proposed for the reason that the former proviso was considered mandatory, and a charge has been uniformly imposed by the Treasury in making the exchange. |