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Code · STATUTES-AT-LARGE · Vol. 35 STAT. · May 30, 1908 · Chapter 237

Chapter 237. For the survey and allotment of lands now embraced within the limits of the Fort Peck Indian Reservation, in the State of Montana, and the sale and disposal of all the surplus lands after allotment

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 237.— An Act For the survey and allotment of lands now embraced within the limits of the Fort Peck Indian Reservation, in the State of Montana, and the sale and disposal of all the surplus lands after allotment. May 30, 1908.[[S. 208](/us/bill/70/s/208).][[Public, No. 177](/us/pl/70/177).] *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of theFort Peck Indian Reservation, Mont.Survey of all lands in.
Interior be, and he is hereby, authorized and directed to cause to be surveyed all the lands embraced within the limits of the Fort Peck Indian Reservation, in the State of Montana, and to cause an examinationExamination by experts for irrigable and coal lands. of the lands within such reservation to be made by the Reclamation Service and by experts of the Geological Survey, and if there be found any lands which it may be deemed practicable to bring under an irrigation project, or any lands bearing lignite coal, the SecretaryReservation. of the Interior is hereby authorized to construct such irrigation projects and reserve such lands as may be irrigable therefrom, or necessary for irrigation works, and also coal lands as may be necessary to the construction and maintenance of any such projects.
Sec. 2. That as soon as all the lands embraced within the said FortAllotments to Indians. Peck Indian Reservation shall have been surveyed the Commissioner of Indian Affairs shall cause allotments of the same to be made under the provisions of the allotment laws of the United States to all Indians belonging and having tribal rights on said reservation; and there shallArea of allotments. be allotted to each such Indian three hundred and twenty acres of grazing land, and there shall also be made an additional allotment ofAllotments of timber lands. not less than two and one-half acres nor more than twenty acres of timber land to heads of families and single adult members of the. tribe over eighteen years of age: *Provided*, That should it be determined*Provisos.*Irrigable lands to be allotted. as feasible, after examination, to irrigate any of said lands, the irrigable land shall be allotted in equal proportions to such only of the members of said tribe as shall be living at the day of the beginning of the work of allotment on said reservation by the special allotting agent, and such allotment of irrigable land shall be in addition to the allotments of grazing and timber lands aforesaid, but no member shall receive more than forty acres of such irrigable land; and toLimit. pay the costs of examination provided for herein and for the construction of irrigation systems to irrigate lands which may be found susceptible of irrigation, there is hereby appropriated two hundredAppropriation to pay cost. thousand dollars, to be immediately available, the said sum and any and all additional sums hereafter appropriated to pay the cost of such examination and irrigation systems to be reimbursed from proceedsReimbursement.Payment for water right. of sales of lands within the said reservation: *Provided, however.* That any land irrigable by any system constructed under the provisions of this Act may be disposed of subject to the following conditions:
The entryman or owner shall, in addition to the payments required by section eight of this Act, be required to pay for a water right the proportionate cost of the construction of said system in not more than fifteen annual installments, as fixed by the Secretary of the Interior, with a view to the return of all moneys expended thereon, the same to be paid at the local land oilice, and the register and receiver shall be allowed the usual commissions on all moneys paid. 559 The entryman of lands to be irrigated by said system shall, in additionConditions. to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay the charges apportioned againt such tract, nor shall any such lands be subject to mineral entry or location.
No right to the use of water shall be disposed of for a tract exceeding one hundred and sixty acres to any one person, and the Secretary of the Interior may limit the areas to be entered at not less than forty nor more than one hundred and sixty acres each. A failure to make any two payments when due shall render the entryForfeiture. and water-right application subject to cancellation, with the forfeiture of all rights under this Act, as well as of any moneys paid thereon. The funds arising hereunder shall be paid into the Treasury of theUse of funds.
United States and be added to the proceeds derived from the sale of the lands. No right to the use of water for lands in private ownershipSale of water right restricted. shall be sold to any landowner unless he be an actual bona fide resident on such land or occupant thereof residing in the neighborhood of such land, and no such right shall permanently attach until all payments therefor are made. All applicants for water rights under the systems constructed inPayment of annual charges. pursuance of this Act shall be required to pay such annual charges for operation and maintenance as shall be fixed by the Secretary of the Interior, and the failure to pay such charges when due shall render the water-right application and the entry subject to cancellation, with the forfeiture of all rights under this Act as well as of any moneysForfeiture. already paid thereon.
The Secretary of the Interior is hereby authorized to fix the timeRegulations. for the beginning of such payments and to provide such rules and regulations in regard thereto as he may deem proper. Upon the cancellationDisposal of canceled entries, etc. of any entry or water-right application, as herein provided, such lands or water rights may be disposed of under the terms of this Act and at such price and on such conditions as the Secretary of the Interior may determine, but not less nor more than the cost as originally fixed.
In every case in which a forfeiture is enforced and the land andRefund of surplus proceeds. rights of an entryman are made the subject of resale then, after the payment of the balance due from the entryman and the cost and charges, if any attendant on the forfeiture and resale, any surplus remaining out of the proceeds of such sale shall be refunded to said entryman or his heirs. The land irrigable under the systems herein provided, which hasWater rights free to Indians. been allotted to Indians in severalty, shall be deemed to have a right to so much water as may be required to irrigate such land without cost to the Indians for the construction of such irrigation systems.
The purchaser of any Indian allotment purchased prior to the expirationExemption. of the trust period thereon shall be exempt from any and all charge for construction of the irrigation system incurred up to the time of such purchase. All lands allotted to Indians shall bear theirPayment of cost of operation, etc. pro rata share of the cost of operation and maintenance of the irrigation system under which they lie: and the Secretary of the Interior may withhold from any Indian a sufficient amount of his pro rata share of any moneys subject to distribution to pay any charge assessed against land held in trust for him for operation and maintenace of the irrigation system.
When the payments required by this Act have been made for theOwners to pay expense of maintenance, etc. major part of the unallotted lands irrigable under any system, and subject to charges for construction thereof, the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense, under such form of 560 organization and under such rules and regulations as may be acceptable to the Secretary of the Interior.
All appropriations of the waters of the reservation shall be madeAppropriations of waters, etc. under the provisions of the laws of the State of Montana. Sec. 3. That the Secretary of the Interior may reserve such lands asLand reserved for agency, etc., purposes. he may deem necessary for agency, school, and religious purposes, to remain reserved as long as needed, and as long as agency, school, or religious institutions are maintained thereon for the benefit of said*Provisos.*Patents in fee to religious organizations.
Indians: *Provided, however*, That the Secretary of the Interior is hereby authorized and directed to issue a patent in fee simple to the duly authorized missionary board, or other proper authority of any religious organization heretofore engaged in mission or school work on said reservation, for such lands thereon (not included in any town site herein provided for) as have been heretofore set apart to such organizationPoplar. Mont.Land reserved for school purposes, etc. for mission or school purposes: *And provided further*, That the Secretary of the Interior is hereby authorized and directed to reserve two and seven hundredths acres of land in the town of Poplar, on said reservation, now occupied for public school purposes, and issue patent in fee for the same to the school trustees of the school district in which said land is situated.
The Secretary of the Interior is hereby authorized and directed,Great Northern Railway Company.Lands patented to, for reservoir, etc., purposes. when the said lands are surveyed, to issue to the Great Northern Bailway Company a patent or patents conveying for railroad purposes such lands at such point or points as in the judgment of the said Secretary are necessary for the use of said railway company in the construction and maintenance of water reservoirs, dam sites, and for right of way for water pipe lines for use by said railway company in operating its line of railroad over and across said reservation; the said landsMaximum acreage, etc. so to be conveyed not to exceed forty acres at any one point and not to exceed one tract for each ten miles of the main line of said railway as now constructed within said reservation, and said lands shall be selected in such manner as not to unnecessarily injure or interfere with the selection and location of town sites hereinafter provided for; the said patent or patents to be delivered to said company upon payment by said company, within thirty days after notification of thePayments. issuance of patent, of the reasonable value of said lands, not less than two dollars and fifty cents per acre, and also upon payment by said company to said Secretary of any and all damages sustained by individual members of said tribe by reason of the appropriation of said lands for the purposes aforesaid; all moneys so paid for the value ofDeposit to credit of Indians. said lands to be deposited in the Treasury of the United States to the credit of said Indians, and the moneys received by said Secretary as damages sustained by individual members of said tribe shall be by himDamages. paid to the individuals sustaining said damages.
Sec. 4. That upon the completion of said allotments the PresidentCommission to appraise, etc., allotted lands. of the United States shall appoint a commission consisting of three persons to inspect, classify, appraise, and value all of said lands that shall not have been allotted in severalty to said Indians or reserved by the Secretary of the Interior, said commission to be constituted as follows: One of said commissioners shall be a person holding tribalComposition. relations with said Indians, one a representative of the Indian Bureau, and one a resident citizen of the State of Montana.
Sec. 5. That within thirty days after their appointment said commissionersMeeting. shall meet at some point within the Fort Peck Reservation and organize by election of one of their number as chairman. SaidClerks, etc. commission is hereby empowered to select, subject to the approval of the Secretary of the Interior, such clerks and assistants as may be necessary in the performance of their duties herein specified, the compensation of each such clerk and assistant to be fixed by said Secretary.Salaries.Expenses.
In no case shall any such clerk or assistant receive a salary exceeding 561 six dollars per day. In addition to the compensation of said clerks and assistants and in addition to the salaries hereinafter provided for the said commissioners, they shall each receive their actual necessary expenses incurred during such time only as they shall be engaged in the performance of their respective duties on said reservation. Sec. 6. That said commissioners shall then proceed to personallyInspection, etc., of remaining lands. inspect and classify and appraise by the smallest legal subdivisions of forty acres each all of the remaining lands embraced within said reservation.
In making such classification and appraisement said landsClassification. shall be divided into the following classes: First, agricultural land; second, grazing land; third, arid land; fourth, mineral land, the mineral land not to be appraised; that said commissioners shall be paid a salary of not to exceed ten dollars per day each while actually employed in the inspection and classification of said lands, such inspection andTime limit. classification to be completed within nine months from the date of the organization of said commission.
Sec. 7. That when said commission shall have completed the classificationSale of lands. and appraisement of said lands and the same shall have been approved by the Secretary of the Interior the lands shall be disposed of under the general provisions of the homestead, desert-land, mineral, and town-site laws of the United States, except sections sixteen andSchool lands excepted. thirty-six of each township, or any part thereof, for which the State of Montana has not heretofore received indemnity lands under existing laws, which sections, or parts thereof, are hereby granted to the State of Montana for school purposes.
And in case either of said sections,Lieu lauds. or parts thereof, is lost to the State by reason of allotment thereof to any Indian or Indians, or by reservation or withdrawal under the provisions of this Act or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized to select other unoccupied, unreserved, nonmineral lands within said reservation, not exceeding two sections in any one township, which selections must be made within the sixty days immediately prior to theLimit. date fixed by the President’s proclamation opening the surplus lands to settlement: *Provided*, That the United States shall pay to the said*Proviso.*Payment.
Indians for the lands in said sections sixteen and thirty-six, so granted, or the lands within said reservation selected in lieu thereof, the sum of one dollar and twenty-five cents per acre. Sec. 8. That the lands so classified and appraised as provided shallOpened to settlement. be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the time when and the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, 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: *Provided.**Provisos.*Soldiers and sailors’ rights not affected.R.
S., sec. 2801, 2305, p. 422. That the rights of honorably discharged Union soldiers and sailors of the late civil and Spanish wars and the Philippine insurrection, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended byVol. 31, p. 847. the Act of March first, nineteen hundred and one, shall not be abridged, but no entry shall be allowed under section twenty-three hundred and six of the Revised Statutes: *Provided further*, That the price of saidAgricultural, etc., lands.Minimum price per acre. lands shall be the appraised value thereof, as fixed by said commission, which in no case shall be less than one dollar and twenty-five cents per acre for agricultural, grazing, and arid land, and shall be paid as follows:
Upon all lands entered or tiled upon under the provisions of thePayments. homestead law, there shall be paid one-fifth of the appraised value of the land when entry or tiling is made, and the remainder shall be paid in five equal annual installments in one, two, three, four, and five years, 562 respectively, from and after date of entry or filing, and when an entryman shall have complied with all the requirements of the homestead law and shall have submitted final proof within seven years from datePatent in fee. of entry and shall have made all required payments aforesaid, he shallAliens, may enter lands, etc. be entitled to a patent for the lands entered: *Provided*, That aliens who have declared their intentions to become citizens of the United States may become such entrymen, but no patent shall be issued toRestriction. any person who is not a citizen of the United States at the time of making final proof: *And provided further*, That the fees and commissionsFees, etc. at the time of commutation or final entry shall be the same as are now provided by law where the price of land is one dollar and twenty- fiveCommutation. cents per acre: *Provided*, That nothing in this Act shall prevent a citizen of the United States from commuting his homestead entry under the provisions of section two thousand three hundred and oneR.
S., see. 2301, p. 421. of the Revised Statutes by paying for the land entered the price fixedDesert lands.Payments by entrymen. by said commission, receiving credits for payments previously made. Sec. 9. That entrymen under the desert-land law shall be required to pay one-fifth of the appraised value of the land in cash at the time of entry, and the remainder in five equal annual installments, as provided in homestead entries: but any such entryman shall be required to pay the full appraised value of the land on or before submission of*Proviso.*Perjury. final proof: *Provided*, That if any person taking any oath required by the homestead or desert-land laws or the regulations thereunder, shallPenalty. swear falsely in the premises, he shall be subject to all the pains and penalties of perjury and shall forfeit the money which he may have paid for said land and all right and title to the same, and if any person making homestead or desert-land entry shall fail to comply with the law and the regulations under which his entry is made, or shall fail to make final proof within the time prescribed by law, or shall fail to make all payments or any of them required herein, he shall forfeit allForfeiture. money which he may have paid on the land and all right and title to the same, and the entry shall be canceled.
Sec. 10. That if, after the approval of the classification and appraisement,Irrigable lands.Withdrawal and sale of. as provided herein, there shall be found lands within the limits of the reservation deemed practicable for irrigation projects deemed practicable under the provisions of the Act of Congress approvedVol. 32, p. 388. June seventeenth, nineteen hundred and two, known as the reclamation Act, said lands shall be subject to withdrawal and be disposed of under the provisions of said Act, and settlers shall pay, in addition to the cost of construction and maintenance provided therein, the appraised value as provided in this Act, to the proper officers, to be coveredDeposit of proceeds to credit of Indians. into the Treasury of the United States to the credit of the Indians.
Sec. 11. That all lands hereby opened to settlement remaining undisposedSale of remaining lands. of at the end of five years from the date of President’s procla mation to entry shall be sold to the highest bidder for cash at not less than one dollar and twenty-five cents per acre, under regulations to be prescribed by the Secretary of the Interior; and any lands remainingMinimum price. unsold ten years after said lands shall have been opened to entry shall be sold to the highest bidder for cash, without regard to the minimum limit above stated: *Provided*, That not more than six hundred*Proviso.*Maximum acreage. and forty acres shall be sold to any one person or company.
Sec. 12. That the lands within said reservation however classified,Exploration,etc., for coal. shall, on and after sixty days from the date fixed by the President’s proclamation opening said lands, be subject to exploration, location, and purchase under the general provisions of the United States mineral and coal land laws at not less than the price therein fixed and not less than the appraised value of the land, except that no mineral or coal exploration, location, or purchase shall be permitted upon any lands allotted to Indians or withdrawn under the provisions of this Act. 563 Sec. 13.
That nothing in this Act contained shall in any mannerNonresponsibility of the United States. bind the United States to purchase any part of the land herein described, except sections sixteen and thirty-six, or the equivalent in each township, that may be granted to the State of Montana, the reserved tracts hereinbefore mentioned for agency and school purposes, or to dispose of lands except as provided herein, or to guarantee to find purchasers for said lands, or any part thereof, it being the intention of this Act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received.
Sec. 14. That the Secretary of the Interior is hereby authorized andTownsites.Reservations for, at Poplar, etc. directed to reserve and set aside for town-site purposes, and to survey, lay out, and plat into town lots, streets, alleys, and parks, not less than forty acres of said land at the present settlement of Poplar, and at such other places as the Secretary of the Interior may deem necessary or convenient for town sites, in such manner as will best subserve the present needs and the reasonable prospective growth of said settlement.
That such town sites shall be surveyed, appraised, and disposedSurvey, etc. of as provided in section twenty-three hundred and eighty-oneR. S., sec. 2381. p. 436. of the United States Revised Statutes: *Provided*, That any person*Provisos.*Rights of actual residents. who, at the date when the appraisers commence their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and any four additional lots of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements: *Provided further*, That before makingProof of residence, etc. entry of any such lot or lots the applicant shall make proof, to the satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proofs as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: *Provided further*, That in making their appraisal of the lots so surveyed,Duty of appraisers. it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants ot any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, which report of (indings shall be taken as primaReport.Sale of lots. facie evidence of the facts therein set out.
All such lots not so entered prior to the day fixed for the public sale shall be offered at public outcry, in their regular order, with the other unimproved and unoccupied lots. That no lot shall be sold for less than ten dollars: *And provided*Minimum price. *further*, That said lots, when surveyed, shall approximate fiftySize of lots. by one hundred and fifty feet in size. Sec. 15. That after deducting the expenses of the commission ofBalance of proceeds.Deposited to credit of Indians. classification, appraisement, and sale of the lands, and such other incidental expenses as may necessarily be incurred, including the cost of survey of said lands, the balance realized from the proceeds of the sale of the lands in conformity with the provisions of this Act shall be paid into the Treasury of the United States and placed to the credit of said Indian tribe, to draw four per centum per annum, the principalInterest. and interest to be expended from time to time by the Secretary of the Interior as he may deem advisable for the benefit of said Indians in their education and civilization, the construction and maintenance of irrigation ditches, should such be determined as feasible and beneficial to said allottees, and suitable per capita cash payments.
The remainderAllotment of funds. of all funds deposited in the Treasury, realized from such sale of lands 564 herein authorized, together with the remainder of all other funds now placed to the credit of or that shall hereafter become due to said tribe of Indians, shall, within three years after the completion of the irrigation systems to be constructed under the provisions of section two hereof, be allotted in severalty to the members of the tribe, the persons entitled to share as members in such distribution to be determined by the Secretory of the Interior.
Sec. 16. That there is hereby appropriated, out of any money inAppropriation to pay for lands granted to Montana, etc. the Treasury not otherwise appropriated in addition to the amount appropriated in section two, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the State of Montana, and for lands reserved for agency and school purposes, at the rate of one dollar and twenty-five cents per acre;Appropriation to, pay for classification, etc.*Post.* p. 796. also the sum of one hundred thousand dollars, or so much thereof as may be necessary, to be immediately available, to enable the Secretary of the Interior to survey, allot, classify, and appraise the lands in said reservation as provided herein; and also to defray the expense of the appraisement and survey of town sites, the latter sums to be reimbursable out of the funds arising from the sale of said lands.
Approved, May 30, 1908. RESOLUTIONS 565 No. 1: To pay the officers and employees of the Senate and House of Representatives their respective salaries for the month of December, nineteen hundred and seven, on the twenty-first day of said month. Public Resolution 1 December 19, 1907 public To pay the officers and employees of the Senate and House of Representatives their respective salaries for the month of December, nineteen hundred and seven, on the twenty-first day of said month.
December 19, 1907.[[H. J. R. 58](/us/bill/70/hjr/58).][[Pub. Res., No. 1](/us/pubres/70/1).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of theOfficers, etc., of Congress to be paid December salaries December 21, 1907. Senate and the Clerk of the House of Representatives be, and they are hereby, authorized and instructed to pay the officers and employees of the Senate and House of Representatives, including the Capitol Police, their respective salaries for the month of December, nineteen hundred and seven, on the twenty-first day of said month.
Approved, December 19, 1907. No. 2: Making an appropriation to supply a deficiency in the appropriation for the purchase and distribution of valuable seeds. Public Resolution 2 January 8, 1908 public Making an appropriation to supply a deficiency in the appropriation for the purchase and distribution of valuable seeds. January 8, 1908.[[H.J. R. 66.]](/us/bill/70/hjr/66)[[Pub. Res., No. 2.]](/us/pubres/70/2) *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That to supply a deficiencyDepartment of Agriculture.Deficiency appropriation for seed. occasioned by the destruction of the seed warehouse used by the Department of Agriculture in the City of Washington, November sixth, nineteen hundred and seven, in the appropriation “ Purchase and distribution of valuable seeds,” including each and every object authorized by law and specified in the appropriation of two hundred and thirty-eight thousand dollars, except the provision for the purchase of foreign seed, under this title in the “Act making appropriationsVol. 34, p. 1267. for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight,” approved March fourth, nineteen hundred and seven, the sum of fifty thousand dollars, or so muchAmount. thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Approved, January 8, 1908. No. 3: Amending an Act relative to the public printing and binding, approved March first, nineteen hundred and seven. Public Resolution 3 January 15, 1908 public Amending an Act relative to the public printing and binding, approved March first, nineteen hundred and seven. January 15, 1908.[[S.J. R. 1.]](/us/bill/70/sjr/1)[[Pub. Res., No. 3.]](/us/pubres/70/3) *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That publications orderedPublic printing and binding.Reports, etc.Classification of. printed by Congress, or either House thereof, shall be in four series, namely:
One series of reports made by the committees of the Senate, to be known as Senate reports; one series of reports made by the committees of the House of Representatives, to be known as House reports; one series of documents other than reports of committees, the orders for printing which originate in the Senate, to be known as Senate documents, and one series of documents other than committee reports, the orders for printing which originate in the House of Representatives, to be known as House documents.
The publications inPublications to be numbered consecutively.Vol. 34, p. 1014, amended.Exception. each series shall be consecutively numbered, the numbers in each series continuing in unbroken sequence throughout the entire term of a Congress, but the foregoing provisions shall not apply to the documents 566 printed for the use of the Senate in executive session: *Provided*, That*Proviso.*Designation of Department, etc., publications. of the “usual number,” the copies which are intended for distribution to State and Territorial libraries and other designated depositories of all annual or serial publications originating in or prepared by an Executive Department, bureau, office, commission, or board shall not be numbered in the document or report series of either House of Congress, but shall be designated by title and bound as hereinafter provided, and the departmental edition, if any, shall be printed concurrently with the “usual number:” *And provided further*, ThatCommittee hearings. hearings of committees may be printed as Congressional documents only when specifically ordered by Congress or either House thereof.
Sec. 2. That in the binding of Congressional documentsand reportsBinding reports, etc., for State and Territorial libraries. for distribution by the superintendent of documents to State and Territorial libraries and other designated depositories, every publication of sufficient size on any one subject shall hereafter be bound separately and receive the title suggested by the subject of the volume, and the others shall be distributed in unbound form as soon as printed. TheBound copies for permanent files.
Public Printer shall supply the superintendent of documents sufficient copies of those publications distributed in unbound form, to be bound and distributed to the State and Territorial libraries and other designated depositories for their permanent files. The library edition, asLibrary edition,etc. well as all other bound sets of Congressional numbered documentsand reports, shall be arranged in volumes and bound in the manner directed by the Joint Committee on Printing. Sec. 3.
That section two of an Act to amend an Act providing forRepeal.Vol. 34. p. 1014. the public printing and binding, and so forth, approved March first, nineteen hundred and seven, is hereby repealed. Approved, January 15, 1908. No. 4: Extending the time allowed the organized militia of the several States and Territories and the District of Columbia to conform to the provisions of section three of the Act approved January twenty-first, nineteen hundred and three. Public Resolution 4 January 16, 1908 public Extending the time allowed the organized militia of the several States and Territories and the District of Columbia to conform to the provisions of section three of the Act approved January twenty-first, nineteen hundred and three.
January 16, 1908.[[S. J. R. 14.]](/us/bill/70/sjr/14)[[Pub. Res., No. 4.]](/us/pubres/70/) *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the time allowed theOrganized militia.Time extended to, in which to conform to general army regulations.*Ante.* p. 400.Vol. 32, p. 775, amended. organized militia of the several States and Territories and the District of Columbia in which to conform their organization, armament, and discipline to that which is now or may hereafter be prescribed for the regular and volunteer armies of the United States by section three of the Act approved January twenty-first, nineteen hundred and three, be, and is hereby, extended to January twenty-first, nineteen hundred and ten.
Approved, January 16, 1908. No. 5: Authorizing the Secretary of War to receive for instruction at the Military Academy at West Point, Mr. Hernan Ulloa, of Costa Rica. Public Resolution 5 January 16, 1908 public Authorizing the Secretary of War to receive for instruction at the Military Academy at West Point, Mr. Hernan Ulloa, of Costa Rica. January 16, 1908.[[H. J. R. 80](/us/bill/70/hjr/80).][[Pub. Res., No. 5](/us/pl/70/pubres).] *Resolved by the Senate and House of Representatives of the United*Hernan Ulloa, of Costa Rica.Admitted to West Point. *States of America in Congress assembled*, That the Secretary of War be, and he hereby is, authorized to permit Mr.
Hernan Ulloa, of Costa Rica, to receive instruction at the Military Academy at West Point: *Provided*, That no expense shall be caused to the United States*Provisos.*No expense. thereby, and that the said Hernan Ulloa shall agree to comply with all regulations for the police and discipline of the Academy, to be studious, and to give his utmost efforts to accomplish the courses in the various departments of instruction: *And provided further*, That in theOath and service. 567 case of the said Hernan Ulloa the provisions of sections thirteen hundredR. 8., sees. 1320, 1321.P. 2W. and twenty and thirteen hundred and twenty-one of the Revised Statutes shall be suspended.
Approved, January 16, 1908. No. 6: To amend the Act of March fourth, nineteen hundred and seven, making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight, so as to authorize the Secretary of Agriculture to use for rent an increased proportion of the appropriation made by said Act for rent for the Bureau of Forestry. Public Resolution 6 January 31, 1908 public To amend the Act of March fourth, nineteen hundred and seven, making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight, so as to authorize the Secretary of Agriculture to use for rent an increased proportion of the appropriation made by said Act for rent for the Bureau of Forestry.
January 31, 1908.[[H. J. R. 88](/us/bill/70/hjr/88).][[Pub. Res., No. 6](/us/pubres/70/6).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Act of Congress approved March fourth, nineteen hundred and seven, entitled “An ActForest Service.Rent allowance increased.Vol. 34, p. 1270, amended. making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight.” be, and the same is hereby, amended to authorize the Secretary of Agriculture to use for rent not to exceed sixty thousand dollars of the moneys appropriated by said Act for general expenses of the Forest Service, instead of “not to exceed forty thousand dollars” for such purpose, as provided in said Act.
Approved, January 31, 1908. No. 7: Providing for salaries of the Resident Commissioners from the Philippine Islands. Public Resolution 7 February 24, 1908 public Providing for salaries of the Resident Commissioners from the Philippine Islands. February 24, 1908.[[H.J.R. 130](/us/bill/70/hjr/130).][[Pub. Res., No. 7](/us/pubres/70/7).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Sergeant-at-ArmsPhilippine Islands.Resident Commissioners’ salaries, and allowance in lieu of mileage. of the House of Representatives is authorized to pay to each of the two Resident Commissioners from the Philippine Islands, out of the appropriation made for the current fiscal year for compensation of the Members of the House of Representatives, the same rate of compensation as is authorized and being paid to the Resident CommissionerVol. 31. p. 86. from Porto Rico, together with two thousand dollars each, as authorized by law, in lieu of mileage.
Approved, February 24, 1908. No. 8: For the appointment of a member of the Board of Regents of the Smithsonian Institution. Public Resolution 8 February 24, 1908 public For the appointment of a member of the Board of Regents of the Smithsonian Institution. February 24, 1908.[[H. J. R. 139](/us/bill/70/hjr/139).][[Pub. Res., No. 8](/us/pubres/70/8).] *Resolved by the Senate and House of Representatives of the United States of America in. Congress assembled*, That theSmithsonian Institution.Charles F.
Choate, Jr., appointed regent. vacancy in the Board of Regents of the Smithsonian Institution of the class “other than Members of Congress” shall be tilled by the appointment of Charles F. Choate, junior, a citizen of Massachusetts. Approved, February 24, 1908. No. 9: To continue in full force and effect an Act entitled “An Act to provide for the appropriate marking of the graves of the soldiers and sailors of the Confederate army and navy who died in northern prisons and were buried near the prisons where they died, and for other purposes.
” Public Resolution 9 February 26, 1908 public To continue in full force and effect an Act entitled “An Act to provide for the appropriate marking of the graves of the soldiers and sailors of the Confederate army and navy who died in northern prisons and were buried near the prisons where they died, and for other purposes.” February 26, 1908.[[H.J. R. 138](/us/bill/70/hjr/138).][[Pub. Res., No. 9](/us/pubres/70/9).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Act entitled “AnConfederate soldiers and sailors.Care of graves of, who died in northern prisons, etc.
Act to provide for the appropriate marking of the graves of the soldiers and sailors of the Confederate army and navy who died in north-ern 568 prisons and were buried near the prisons where they died, and forVol. 34, p. 56. other purposes,” approved March ninth, nineteen hundred and six, be, and the same is hereby, continued in full force and effect for twoTime for completing work extended.*Provisos.*Exception. years from this date: *Provided*, That the provisions of said Act shall not be construed to apply to the Confederate Mound in Oakwood Cemetery at Chicago: *And provided further*, That the compensationCompensation of commissioner. of the commissioner shall be fixed by the Secretary of War.
Approved, February 26, 1908. No. 10: Authorizing the Secretary of War to furnish three condemned cannon to the mayor of the city of Detroit, Michigan, to be placed on the base of a statue of the late Major-General Alexander Macomb, United States Army. Public Resolution 10 March 5, 1908 public Authorizing the Secretary of War to furnish three condemned cannon to the mayor of the city of Detroit, Michigan, to be placed on the base of a statue of the late Major-General Alexander Macomb, United States Army.
March 5, 1908.[[H.J.R. 102](/us/bill/70/hjr/102).][[Pub. Res., No. 10](/us/pubres/70/10).] *Resolved by the Senate and House of Representatives of the United*Detroit, Mich.Condemned cannon granted to. for the Macomb statute. *States of America in Congress assembled*, That the Secretary of War be, and he is hereby, authorized to deliver to the mayor of the city of Detroit. Michigan, if the same can be done without detriment to the public service, one condemned nine-pounder French bronze gun. located at the United States arsenal at Watervliet.
New York, and two condemned twelve-pounder bronze field guns, date of eighteen hundred and thirty-eight, located at the United States arsenal at Watertown, Massachusetts, to be, placed upon the gun pedestals of a monument erected to the memory of the late Major-General Alexander Macomb, United States Army: *Provided*, That the donation shall be without*Proviso.*No expense. expense to the United States. Approved, March 5, 1908. No. 11: Authorizing the invitation of governments of other countries to send representatives to the International Congress on tuberculosis.
Public Resolution 11 March 6, 1908 public Authorizing the invitation of governments of other countries to send representatives to the International Congress on tuberculosis. March 6, 1908.[[S. J. R. 63](/us/bill/70/sjr/63).][[Pub. Res., No. 11](/us/pl/pubres/11).]Preamble. Whereas au International Congress on Tuberculosis will meet in Washington in September, nineteen hundred and eight, the same being the Sixth International Congress on Tuberculosis, and the first to be held in America; and Whereas seven of the nine Departments of the Federal Government have petitioned Congress for the authority and means to participate in this Congress; and Whereas the governors of twenty-eight States of the United States have authorized the participation of their several States in this Congress; and Whereas the National Association for the Study and Prevention of Tuberculosis has provided the necessary means and created a special committee to secure the participation of voluntary and private interests in the coming International Congress on Tuberculosis; and Whereas preceding International Congresses occurring in other countries in the past fifteen years have been held under governmental auspices, and delegates from the United States have participated therein as guests of foreign governments:
Therefore be it *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Department of StateInternational Congress on Tuberculosis.Foreign governments invited to send representatives to. be, and is hereby, authorized to invite the governments of other countries, through their ministers, to send representatives to the International Congress on Tuberculosis, to be held in Washington, SeptemberPlace and date of meeting.*Ante*, p. 479. twenty-first to October twelfth, nineteen hundred and eight. 569 Approved, March 6, 1908.
No. 12: Authorizing the Secretary of War to apply the unexpended balance of the donation made by the citizens of Dallas, Texas, under the provisions of the river and harbor Act of March third, nineteen hundred and five, to work in construction of Lock and Dam Numbered Two in section one of Trinity River. Public Resolution 12 March 6, 1908 public Authorizing the Secretary of War to apply the unexpended balance of the donation made by the citizens of Dallas, Texas, under the provisions of the river and harbor Act of March third, nineteen hundred and five, to work in construction of Lock and Dam Numbered Two in section one of Trinity River.
March 6, 1908.[[H.J.R. 120](/us/bill/70/hjr/120).][[Pub. Res., No. 12](/us/pubres/70/12).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the unexpended balanceTrinity River.Lock and dam Numbered Two.use of unexptended donation authorized.Vol. 33, p.1131. of the sum of sixty-six thousand dollars, donated to the United States by citizens of Dallas, Texas, in pursuance of a provision in the river and harbor Act of March third, nineteen hundred and five, to aid in the improvement of section one, Trinity River, is hereby made available for the construction of locks and dams, and the Secretary of War may, in his discretion, apply the said balance to work in connection with the construction of Lock and Dam Numbered Two in said section one.
Approved, March 6, 1908. No. 13: Granting authority for the use of certain balances of appropriations for the Light-House Establishment to be available for certain named purposes. Public Resolution 13 March 23, 1908 public Granting authority for the use of certain balances of appropriations for the Light-House Establishment to be available for certain named purposes. March 23, 1908.[[S. J. R. 69](/us/bill/70/sjr/69).][[Pub. Res., No. 13](/us/pubres/70/13).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the balances of theLight-House Establishment.Use of balances to transfer vessels to stations.Vol. 83, pp. 468, 1171. appropriations for the construction of vessels for the Light-House Establishment appropriated for in the Acts of Congress approved April twenty-eighth, nineteen hundred and four (Thirty-thirα Statutes, page four hundred and sixty-eight);
March third, nineteen hundred and tive (Thirty-third Statutes, page eleven hundred and seventy- one);Vol. 34, pp. 659, 660, 710, 711, 1317-1319. June thirtieth, nineteen hundred and six (Thirty-fourth Statutes, pages six hundred and fifty-nine, six hundred and sixty, seven hundred and ten, and seven hundred and eleven), and March fourth, nineteen hundred and seven (Thirty-fourth Statutes, pages thirteen hundred and seventeen, thirteen hundred and eighteen, and thirteen hundred and nineteen), are hereby made available for the pay of officers and crews, the payment of consular fees, port dues, and exchange, the purchase of provisions, rations, fuel, engineer stores and supplies, pilotage, water, laundry, and all other necessary incidental expenses in the transfer of the following-named vessels of the Light-House Establishment from Tompkinsville, New York, where they are to be delivered when completed, to their respective stations:
Tenders for the Twelfth light-house district, for the Thirteenth light-house district, for the Pacific Ocean, for Lake Superior; relief light-vessel for the Pacific coast; Columbia River light-vessel, Oregon; Swiftsure Bank light-vessel, Washington. Approved, March 23, 1908. No. 14: Authorizing the Secretary of War to establish harbor lines in Wilmington Harbor, California. Public Resolution 14 March 26, 1908 public Authorizing the Secretary of War to establish harbor lines in Wilmington Harbor, California.
March 26, 1908.[[S. J. R. 58](/us/bill/70/sjr/58).][[Pub. Res., No. 14](/us/pubres/70/14).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of War isSan Pedro, Cal.Establishing harbor lines, Wilmington harbor, authorized. hereby authorized to fix and establish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regulations as shall be prescribed from time to time by theRegulations.
Secretary of War.570 Approved, March 26, 1908. No. 15: Authorizing the Secretary of War to secure a suitable design for a statue of the late Commodore John D). Sloat at Monterey, California. Public Resolution 15 March 28, 1908 public Authorizing the Secretary of War to secure a suitable design for a statue of the late Commodore John D). Sloat at Monterey, California. March 28, 1908.[[H. J. R. 101](/us/bill/70/hjr/101).][[Pub. Res., No. 15](/us/pubres/70/15).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of WarJohn D.
Sloat.Design for statue to, at Monterey, Cal., authorized. be, and he is hereby, authorized and directed to use, for the purpose of securing a suitable design for a statue of the late Commodore John D. Sloat, so much as may be necessary of the amount appropriated by the Act of March fourth, nineteen hundred and seven, entitledVol. 34, p. 1408. “An Act to aid in the completion of a monument at Monterey, California, to commemorate the taking possession of the Pacific coast*Provsio*.Minimum cost. by.
Commodore John D. Sloat, United States Navy”: *Provided*, That the total amount used for securing said design shall not exceed one thousand dollars. Approved, March 28, 1908. No. 16: For the relief of Archibald G. Stirling, recently midshipman, United States Navy. Public Resolution 16 April 3, 1908 public For the relief of Archibald G. Stirling, recently midshipman, United States Navy. April 3, 1908.[[H.J.R. 134](/us/bill/70/hjr/134).][[Pub. Res., No. 16](/us/pubres/70/16).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President be, andArchibald G.
Stirling.Appointment as ensign in the Navy authorized. he is hereby, authorized to appoint former Midshipman Archibald G. Stirling to be an ensign in the United States Navy to take the position he is entitled to, by his order of merit, as shown by his examination for final graduation. Approved, April 3, 1908. No. 17: Providing for assistance to the people of the storm- swept States of Georgia, Alabama, Mississippi, and Louisiana. Public Resolution 17 April 30, 1908 public Providing for assistance to the people of the storm- swept States of Georgia, Alabama, Mississippi, and Louisiana.
April 30, 1908.[[H. J. R. 171](/us/bill/70/hjr/171).][[Pub. Res., No. 17](/us//pubres/70/17).] Whereas, on the twenty-fifth day of April, nineteen hundred andPreamble. eight, there, occurred in the States of Georgia, Alabama, Mississippi, and Louisiana a disastrous cyclone or tornado, causing the loss of hundreds of lives and the destruction of much property and rendering many persons homeless and temporarily without means of support: Therefore, be it *Resolved by the Senate and House of Representatives of the United*The Southern cyclone.Relief granted to suffcrers in the States affected.*Post*, p. 572. *States of America in Congress assembled*, That the Secretary of War be, and he is hereby, authorized to use such means as he has at hand, or that may be furnished to him, in the way of tents, provisions, and supplies, to relieve the distress occasioned by such storm or cyclone, and that he take such steps as he may deeni proper for the relief of such distress and need among the people who have suffered from the results of said storm or cyclone. *Resolved*, That the Congress has heard with much regret and profoundExpression of regret and sympathy by the Congress. sorrow of the terrible loss of life and destruction of property attendant upon the disastrous storm or cyclone which visited the States of Georgia, Alabama, Mississippi, and Louisiana on the twenty-fifth day of April, nineteen hundred and eight, and hereby extends its sympathy to the sufferers.571 Approved, April 30, 1908.
No. 18: Instructing the Attorney-General to institute certain suits, and so forth. Public Resolution 18 April 30, 1908 public Instructing the Attorney-General to institute certain suits, and so forth. April 30, 1908.[[S. J. R. 48](/us/bill/70/sjr/48).][[Pub. Res., No. 18](/us/pubres/70/18).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Attorney-GeneralOregon.Suits to be brought for forfeiture of certain railroad and wagon-road grants in. of the United States be, and he hereby is, authorized and directed to institute and prosecute any and all suits in equity, actions at law, and other proceedings which he may deem adequate and appropriate to enforce any and all rights and remedies of the United States of America in any manner arising or growing out of or pertaining to either or anyVol. 14, p. 239. of the following-described Acts of Congress, to wit:
“An Act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad in California to Portland, in Oregon,” approved July twenty-fifth, eighteen hundred and sixty-six, as amended by theVol. 15, p. 80.Vol. 16, p. 47. Acts approved June twenty-fifth, eighteen hundred and sixty-eight, and April tenth, eighteen hundred and sixty-nine; also “An Act granting lands to the State of Oregon to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, in said State,” approved March third, eighteen hundred and sixty-nine; alsoVol. 15, p. 340.Vol. 16, p. 94.
“An Act granting lands to aid in the construction of a railroad and telegraph line from Portland to Astoria and McMinnville, in the State of Oregon,” approved May fourth, eighteen hundred and seventy, including all rights and remedies in any manner relating to the lands, or any part thereof, granted by either or any of said Acts; and in and by any andRights of United States to be asserted. all such suits, actions, or proceedings the Attorney-General shall, in such manner as he shall deem appropriate, assert all rights and remedies existing in favor of the United States relating to the subject of such suits, actions, and proceedings, including the claim on behalf of the United States that the lands granted by each of said Acts respectively, or any part thereof, have been and are forfeited to the United States by reason of any breaches or violations of any of the terms or conditions of either or any of said Acts which may be alleged and established in any such suits, actions, or proceedings: it not being intended hereby to determine the right of the United States to any such forfeiture or forfeitures, but it being intended to fully authorize the Attorney-General in and by such suits, actions, or proceedings to assert on behalf of the United States and the court or courts before which such suits, actions, or proceedings may be instituted or pendingClaims to be adjudicated and enforced. to entertain, consider, and adjudicate the claim and right of the United States to such forfeiture or forfeitures, and if found to enforce the same: *Resolved farther*, That the authority and direction hereinbeforeAll suits instituted, etc., included. given shall extend to any and all suits, actions, or proceedings which may be instituted or pending under the authority of the AttorneyGeneral at. the time of the adoption and approval hereof.
Approved, April 30, 1908. No. 19: Authorizing the Secretary of War to loan certain tents for use at the national convention of the Benevolent and Protective Order of Elks to be held at Dallas, Texas, in July, nineteen hundred and eight. Public Resolution 19 May 4, 1908 public Authorizing the Secretary of War to loan certain tents for use at the national convention of the Benevolent and Protective Order of Elks to be held at Dallas, Texas, in July, nineteen hundred and eight. May 4, 1908.[[H.
J. R. 155](/us/bill/70/hjr/155).][[Pub. Res., No. 19](/us/pubres/70/19).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of War be,Benevolent and Protective Order of Elks, Dallas, Tex.Loan of tents to. and he is hereby, authorized to loan, at his discretion, to the executive committee of the lodge of the Benevolent and Protective Order of Elks at Dallas, Texas, having in charge the arrangements for the national convention of Elks to be held in Dallas, Texas, in July, nineteen hundred and eight, two thousand five hundred tents, with poles, ridges, and pins for each: *Provided*, That no expense shall be caused*Provisos.*No expense, etc. the United States Government by the delivery and return of such 572 property, the same to be delivered to said committee designated at such time prior to the date of said convention as may be agreed upon by the Secretary of War and William H.
Atwell, chairman of said executive committee: *And provided further*, That the Secretary of War shall, before delivering such property, take from said William H. Atwell a good and sufficient bond for the safe return of said propertyBond. in good order and condition, and the whole without expense to the United States. Approved, May 4, 1908. No. 20: For the relief of the sufferers from the cyclone which occurred in the States of Georgia, Alabama, Mississippi, and Louisiana on April twenty-fourth, nineteen hundred and eight.
Public Resolution 20 May 11, 1908 public For the relief of the sufferers from the cyclone which occurred in the States of Georgia, Alabama, Mississippi, and Louisiana on April twenty-fourth, nineteen hundred and eight. May 11, 1908.[[H.J. R. 173](/us/bill/70/hjr/173).][[Pub. Res., No. 20](/us/pubres/70/20).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of WarSouthern cyclone.Relief for sufferers in Georgia, Alabama, Mississippi, and Louisiana. is hereby authorized to procure, in open market or otherwise, subsistence and quartermaster supplies, medicines, and medical aid, in addition to such supplies belonging to the military establishment and available, and issue same to such destitute persons as have been rendered homeless or are in needy circumstances as the result of the cyclone which occurred April twenty-fourth, nineteen hundred and eight, in the States of Georgia, Alabama, Mississippi, and Louisiana, and in executing this joint resolution is directed to cooperate with the authorities of the said States.
Sec. 2. That to enable the Secretary of War to execute the provisionsAppropriation. of this joint resolution and of the joint resolution on the same subject adopted April twenty-seventh, nineteen hundred and eight,*Ante*, p.570.*Infra.* there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of two hundred and fifty thousand dollars, to be expended under the direction and in the discretion of the Secretary of War. Approved, May 11, 1908.
No. 21: Amending the Joint Resolution for the relief of storm sufferers in Alabama, Georgia, Mississippi, and Louisiana, approved April thirtieth, nineteen hundred and eight. Public Resolution 21 May 11, 1908 public Amending the Joint Resolution for the relief of storm sufferers in Alabama, Georgia, Mississippi, and Louisiana, approved April thirtieth, nineteen hundred and eight. May 11, 1908.[[H. J., R. 179](/us/bill/70/hjr/179).][[Pub. Res., No. 21](/us/pubres/70/21).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisions and benefitsSouthern cyclone.Relief extended to sufferers in Texas, Arkansas, and Tennessee. of Public Resolution Numbered seventeen, for the relief of storm sufferers in Alabama.
Georgia, Mississippi, and Louisiana, approved April thirtieth, nineteen hundred and eight, be extended to the sufferers*Ante*, p. 570. from the same storm or cyclone in Texas, Arkansas, and Tennessee, and that the Secretary of War be and he is hereby authorized and directed to grant the same relief to persons in Texas, Arkansas, and Tennessee, whose property was injured or destroyed, as provided in the original resolution for citizens of Alabama, Georgia, Mississippi, and Louisiana. 573 Approved, May 11, 1908.
No. 22: Disapproving certain laws enacted by the legislative assembly of the Territory of New Mexico. Public Resolution 22 May 13, 1908 public Disapproving certain laws enacted by the legislative assembly of the Territory of New Mexico. May 13, 1908.[[S.J. R. 37](/us/bill/70/sjr/37).][[Pub. Res., No. 22](/us/pubres/70/22).] Whereas on the eleventh day of March, nineteen hundred and three, the legislative assembly of the Territory of New Mexico passed an actNew Mexico.Preamble. known as chapter thirty-three of the acts of the thirty-fifth legislative assembly of New Mexico entitled “An act establishing the law and procedure in certain cases,” as follows:
“LAWS OF NEW MEXICO. THIRTY-FIFTH LEGISLATIVELegislative act on civil procedure. ASSEMBLY, 1903. “chapter 33. “an act establishing the law and procedure in certain cases. “H. B. No. 155. Passed over veto March 11, 1903. **“CONTENTS.** “Sec. 1. Civil procedure in personal injury cases. Person injured to file affidavit when. Case to be dismissed when. Proviso. “Sec. 2. On petition district court may issue summons for person injured to appear in court and file complaint. Procedure when person summoned fails to answer.
“Sec. 3. Unlawful to begin action in any other State or Territory. Procedure in case such action has been begun. “Sec. 4. When action begun in any other State or Territory district court may issue injunction. “Sec. 5. Provisions of this chapter not to apply in case process can not be served in this Territory. “Sec. 6. Claim for damages may be compromised. “Whereas it has become customary for persons claiming damages for personal injuries received in this Territory to institute and maintain suits for the recovery thereof in other States and Territories, to the increased cost and annoyance and manifest injury and oppression of the business interests of this Territory and the derogation of the dignity of the courts thereof; therefore *“Be it enacted by the legislative assembly of the Territory of New Mexico:* “Section 1.
Hereafter there shall be no civil liability under eitherAct of New Mexico annulled. the common law or any statute of this Territory on the part of any person or corporation for any personal injuries inflicted or death caused by such person or corporation in this Territory, unless the person claiming damages therefor shall within ninety days after such injuries shall have been inflicted make and serve upon the person or corporation against whom the same is claimed, and at least thirty days before commencing suit to recover judgment therefor, an affidavit which shall be made before some officer within this Territory who is authorized to administer oaths, in which the affiant shall state his name and address, the name of the person receiving such injuries, if such person be other than the affiant, the character and extent of such injuries in so far as the same may be known to affiant, the way or manner in which such injuries were caused in so far as the affiant has any knowledge thereof, and the names and addresses of all witnesses to the happening of the facts or any part thereof causing such injuries as may at such time be known to affiant, and unless the person so claiming such damages shall also commence an action to recover the same within one year after such injuries occur, in the district court of this Territory in and for the county in which such injuries occur, or in and for the county of this Territory where the claimant or person against whom such claim is asserted resides, or in event such claim is asserted against a corporation, in the county in this Territory where such corporation has its 574 principal place of business; and said suit after having been commencedAct of New Mexico annulled—Continued. shall not be dismissed by plaintiff unless by written consent of the defendant filed in the case, or for good cause shown to the court; it being hereby expressly provided and understood that such right of action is given only on the understanding that the foregoing conditions precedent are made a part of the law under which right to recover can exist for such injuries, except as herein otherwise provided.
“Section 2. Whenever any person or corporation shall file a petition in the district court of this Territory for the county in which said petitioner lives, or, if a corporation, in the district court for the county in which such corporation has its principal place of business, stating in effect that such petitioner is informed and believes that some party named in said petition claims that he is entitled to damages from said petitioner for personal injuries inflicted in this Territory upon the party named in said petition, or for personal injuries inflicted upon or death caused to some other person for which such party claims to have a cause of action against said petitioner, and stating as near as may be the general character of such injuries, and the manner and the date said party claims they were inflicted, and the place where he claims they were inflicted, as near as petitioner knows or is informed as to such facts, and praying that the said party may be required to appear in said court and file therein a statement of his cause of action in the form of a complaint against said petitioner, summons shall issue out of said court and be served and returnable as other process, commanding and requiring the said party named in said petition to appear in said court and file such statement in the form of a complaint against said petitioner, if he has to make, and upon such complaint being filed by such party as required, the defendant named therein may demur to or answer the same and such further pleading had as the parties may he entitled to, or as may be meet and proper as in other cases of a similar character, and from thence forward such further proceedings shall be had in such cause as in other cases, and the same shall be determined upon its merits and final judgment, subject, however, to appeal or writ of error, shall be rendered therein either for the petitioner named in said complaint or for the adverse party, and it the court finds the petitioner guilty of any of the wrongs, injuries, or trespasses complained of against him in said statement such damages shall be assessed against the said petitioner as the law and the facts may require, in the same manner as though said cause had been instituted by the filing of said statement as a complaint.
“In event said party complained of in said petition, after being duly served with such summons, shall fail or refuse to appear or file his said statement as required herein, judgment shall be rendered by default against him and in favor of the petitioner as in other cases, and thereupon the court shall try and determine the issues raised by such petition. including thequestion as to whether or not the petitioner is liable to said party on account of any of the matters or things stated in said petition in any sum of money whatsoever, and, if so, in what amount, and final judgment shall be rendered in accordance with the facts and the law, and such judgment as the court may render shall be final and conclusive upon the question of the liability or nonliability of said petitioner to said party, and of the amount of the liability.
“Section 3. It shall be unlawful for any person to institute, carry on, or maintain any suit for the recovery of any such damages in any other State or Territory, and upon it being made to appear to the court in which any proceeding has been instituted in this Territory, as herein provided, that any such suit has also been commenced, or is being maintained in any other State or Territory contrary to the intent of this act, it shall be the duty of the court to set down for hearing and try and determine the proceeding so pending in this Territory as 575 expeditiously as possible upon such short notice to the other partyAct of New Mexico annulled—Continued. thereto or his attorneys as the court may direct; and for the purpose of trying the same said court shall have the power to compel the parties thereto to plead or answer on such short day as it may determine; and in event the same is triable by jury it shall be the duty of the court, upon motion, to change the venue thereof to such county in said district as in the opinion of the court will afford an opportunity for the most speedy hearing; but in event such action is not triable by jury, then the court shall immediately proceed to try and determine the same, giving such reasonable notice as it may determine, to the parties or their attorneys, at any place in the Territory which the court may designate, and witnesses may be compelled by subpoena to attend such place personally, from any part of the Territory, and testify, as at present, at such time and place.
The institution of any such suit in any other State or Territory shall be construed by the court as a waiver upon the part of the party so instituting the same of the right of trial by jury in the case pending in the courts of this Territory. “Section 4. Whenever it shall be made to appear to the district court of this Territory for the county in which petitioner or plaintiff lives, by any petition filed under section three hereof, or by a supplemental petition, or by an original complaint filed for that purpose, that petitioner or plaintiff fears or has good reason to fear that any other person is threatening or contemplating instituting suit in some other State or Territory to recover damages against petitioner or plaintiff for personal injuries inflicted or death caused in this Territory, or that he has already instituted and is then maintaining such a suit, it shall be the duty of the court upon such bond as the court may require being given, to issue its injunction pendente lite restraining such party from instituting or maintaining such suit in any court sitting in any other State or Territory, and, at the final hearing, if such facts are found by the court to be true, the court shall make such injunction perpetual; and at the final hearing in all cases instituted under the provisions of section three, hereof, the party complained of in the petition shall be perpetually enjoined from further instituting or maintaining any suit or action to recover damages by reason of any of the matters or things set up in said petition.
“Section 5. This act shall not apply to cases in which the person or corporation against whom damages for personal injuries are claimed can not be duly served with process in this Territory. “Section 6. Nothing herein contained shall be construed as in any way preventing anyone in this Territory claiming to have a right of action for any such damages, from compromising such claim. “Section 7. All acts and parts of acts and laws in conflict with this act are hereby repealed, and this act shall be in effect from and after its passage.
” Therefore be it *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That said law of the TerritoryDisapproval of Con- gress. of New Mexico, as aforesaid, be, and the same is hereby, disapproved and declared null and of no effect. Approved, May 13, 1908. No. 23: Authorizing the widening of the channel of Michigan City Harbor. Public Resolution 23 May 13, 1908 public Authorizing the widening of the channel of Michigan City Harbor.
May 13, 1908.[[S. J. R. 79](/us/bill/70/sjr/79).][[Pub. Res., No. 23](/us/pubres/70/23).] *Resolved by the Senate and House of Representatives of the United Sta tes of America in Congress assembled*, That the Secretary of WarMichigan City Harbor. Ind.Widening channel.use of unexpended balances authorized. be, and he is hereby, authorized, in his discretion, to use any unexpended balance of money heretofore appropriated or that may be 576 hereafter appropriated for the improvement or maintenance of the harbor at Michigan City, Indiana, for the rebuilding of the western revetment of said harbor upon a new alignment, with the view of widening the channel of said harbor.
Approved, May 13, 1908. No. 24: For appointment of members of Board of Managers of the National Home for Disabled Volunteer Soldiers. Public Resolution 24 May 20, 1908 public For appointment of members of Board of Managers of the National Home for Disabled Volunteer Soldiers. May 20, 1908.[[H. J. R. 178](/us/bill/70/hjr/178).][[Pub. Res., No. 24](/us/pubres/70/24).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That Thomas J.
Henderson,National Home for Disabled Volunteer Soldiers.Appuin tmienl of members of Board of Managers. of Illinois; Walter P. Brownlow, of Tennessee; Edwin P. Hammond, of Indiana, and Joseph S. Smith, of Maine, be, and the same are hereby, appointed as members of the Board of Managers of the National Home for Disabled Volunteer Soldiers of the United States—General Thomas J. Henderson to succeed himself, his term of service having expired April twenty-first, nineteen hundred and eight;
Colonel Walter P. Brownlow to succeed himself, his term of service having expired April twenty-first, nineteen hundred and eight; Colonel Edwin P. Hammond to succeed himself, his term of service having expired April twenty-first, nineteen hundred and eight, and General Joseph S. Smith to succeed General J. Marshall Brown, whose term of service would have expired on April twenty-first, nineteen hundred and eight, but who died on July twentieth, nineteen hundred and seven. Approved, May 20, 1908.
No. 25: To amend an Act authorizing the construction of bridges across navigable waters, and so forth. Public Resolution 25 May 22, 1908 public To amend an Act authorizing the construction of bridges across navigable waters, and so forth. May 22, 1908.[[S.J. R. 90](/us/bill/70/sjr/90).][[Pub. Res., No. 25](/us/pubres/70/25).] *Resolved by the Senate, and House of Representatives of the United States of America in Congress assembled*, That the bill (S. 4809) entitledRio Grande.St.
Louis. Brownsville and Mexico Railway Company.Name changed to Brownsville and Gulf Railway Company.*Ante*, p. 168, amended. “An Act authorizing the construction of bridges across navigable waters, and to extend the time for the construction of bridges across navigable waters, and to legalize the construction of bridges across navigable waters,” be, and the, same is hereby, corrected so that the name Saint Louis, Brownsville and Mexico Railway Company, as used therein, be changed to the Brownsville and Gulf Railway Company.
Approved, May 22, 1908. No. 26: Authorizing the transfer of the statue of President Washington, now located in the Capitol grounds, to the Smithsonian Institution. Public Resolution 26 May 22, 1908 public Authorizing the transfer of the statue of President Washington, now located in the Capitol grounds, to the Smithsonian Institution. May 22, 1908.[[H. J. R. 124](/us/bill/70/hjr/124).][[Pub. Res., No. 26](/us/pubres/70/26).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the statue of PresidentStatue of Washington.Transfer from Capitol grounds to Smithsonian Institution.*Ante*, p. 492.
Washington, now located in the Capitol grounds east of the Capitol, be, and the same is hereby, transferred to the custody of the Smithsonian Institution. Approved, May 22, 1908. No. 27: Providing for the printing of the Special Report on the Diseases or Cattle. Public Resolution 27 May 23, 1908 public Providing for the printing of the Special Report on the Diseases or Cattle. May 23, 1908.[[H. J. R. 176](/us/bill/70/hjr/176).][[Pub. Res., No. 27](/us/pubres/70/27).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That there be printed andDiseases of Cattle.Printing of Special Report on, ordered. bound one hundred thousand copies of the Special Report on the Diseases 577 of Cattle, the same to be first revised and brought to date under the supervision of the Secretary of Agriculture; thirty thousand copiesDistribution. for the use of the Senate, sixty thousand copies for the use of the House of Representatives, and ten thousand copies for distribution by the Department of Agriculture.
Approved, May 23, 1908. No. 28: Providing for additional lands for Idaho under the provisions of the Carey Act. Public Resolution 28 May 25, 1908 public Providing for additional lands for Idaho under the provisions of the Carey Act. May 25, 1908.[[S. J. R. 51](/us/bill/70/sjr/51).][[Pub. Res., No. 28](/us/pubres/70/28).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That an additional one millionIdaho.Additional arid lands granted to.*Ante*, p. 347.Vol. 28, p. 422. acres of arid lands within the State of Idaho be made available and subject to the terms of section four of an Act of Congress entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes,” approved August eighteenth, eighteen hundred and ninety-four, and by amendments thereto, and that the State of Idaho be allowed, under the provisions of said Acts, said additional area, or so much thereof as may be necessary for the purposes and under the provisions of said Acts.
Approved, May 25, 1908. No. 29: To provide for the remission of a portion of the Chinese indemnity. Public Resolution 29 May 25, 1908 public To provide for the remission of a portion of the Chinese indemnity. May 25, 1908.[[S. J. R. 23](/us/bill/70/sjr/23).][[Pub. Res., No. 29](/us/pubres/70/29).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President is herebyChinese indemnity.Modiflcation of bond for Boxer damages. authorized to consent to a modification of the bond for twenty-four million four hundred and forty thousand seven hundred and seventyeight dollars and eighty-one cents, dated December fifteenth, nineteen hundred and six. received from China pursuant to the protocol of September seventh, nineteen hundred and one, for indemnity against losses and expenses incurred by reason of the so-called Boxer disturbances in China during the year nineteen hundred, so that the totalRemission of portion. payment to be made by China under the said bond shall be limited to the sum of thirteen million six hundred and fifty-five thousand four hundred and ninety-two dollars and sixty-nine centsand interest at theInterest. stipulated rate of four per centum per annum, and that the remainder of the indemnity to which the United States is entitled under the said protocol and bond may be remitted as an act of friendship, such payments and remission to be at such times and in such manner as the President shall deem just: *Provided*, That within one year from*Provisos.*Court of Claims to a d j udicate disallowed, etc., claims. the passage of this resolution any person whose claim upon the Chinese indemnity, nineteen hundred, was presented to the United States commissioners or to the Department of State and disallowed in whole or in part may present the same by petition to the Court of Claims, which court is hereby invested with jurisdiction to hear and adjudicate such claim, without appeal, and to render such judgments de novo, or in addition to any allowance or allowances heretofore made, as, in each case shall be fully and substantially compensatory for actual losses and expenses of the claimant caused by the antiforeign disturbances in China during the year nineteen hundred, excluding merely speculative claims or elements of damage: *provided also.* That the sum of two million dollars be reserved from theAmount reserved to pay judgments.
Chinese indemnity, nineteen hundred, for the payment of such judg-merits, 578 the same to be paid by the Treasurer of the United States as and when they shall be certified to the Secretary of the Treasury by the said court, and any balance remaining after all such claims haveReturn of balance. been adjudicated and paid shall be returned to the Chinese Government in such manner as the Secretary of State shall decide, and the Secretary of the Treasury is hereby authorized and directed to so return the same: *And provided further*, That all evidence furnishedEvidence to be submitted. by the claimants, and statements made by them to the said commissioners or to the Department of State, shall be transmitted by the said Department to the said Court of Claims and considered together with such other additional testimony as may be presented by either side, and the Government of the United States shall defend the said claimsDefending claims. in the said court by such attorney or attorneys as may be designated for such service by the Attorney-General of the United States: *Provided further*, That in no case shall the Court of Claims award aAwards restricted. principal sum to any claimant which, together with the principal sums said claimant may have already received by decision of the United States commissioners and the Department of State, shall exceed the amount originally claimed by said claimant.
Approved, May 25, 1908. No. 30: Relating to the assignment of space in the Howse Office Building. Public Resolution 30 May 28, 1908 public Relating to the assignment of space in the Howse Office Building. May 28, 1908.[[H. J. R. 186](/us/bill/70/hjr/186).][[Pub. Res., No. 30](/us/pubres/70/30).] *Resolved by the Senate and House of Representatives of the United Stakes of America in Congress assembled*, That the assignment ofHouse Office Building.Assignment of rooms. rooms in the office building of the House of Representatives, which shall hereafter be designated as the House Office Building, heretofore made by resolution or order of the House of Representatives, shall continue in force until modified or changed in accordance with the provisions of this resolution, and the room so assigned to any Representative. shall continue to be held by such Representative as his individual office room so long as he shall remain a member or memberelect of the House of Representatives, or until he shall relinquish the same, subject, however, to the provisions of this resolution, and no Representative shall allow his office room to be used for any other purpose.
Any member or member-elect of the House of Representatives mayFiling written requests for vacant rooms. tile with the Superintendent of the Capitol Building and Grounds a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests arePreference rights. made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a member and member-elect of the House of Representatives.
If two or more Representatives with equal length of continuous service,First request to be granted. or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request. A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request,Assignment of new room, etc. or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him.
Representatives having rooms assigned to them in the foregoingExchange of rooms. manner may exchange rooms one with another, but such exchange shall be valid only so long as both members making the exchange shall 579 remain continuously members or members-elect of the House of Representatives. The Superintendent of the Capitol Building and Grounds shall keepRecord of assignments and changes. a record of the assignment of looms heretofore or hereafter made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Kepresentatives or Representatives-elect of the House.
In the matter of the assignment of rooms under this resolution,Delegates and Resident Commissioners. Delegates in Congress and the Commissioners from Porto Rico and the Philippine Islands shall be treated the same as Representatives. The assignment and reassignment of the rooms and other space inAssignments, etc., subject to control o f House.Superintendent of Capitol, etc., control, etc., not affected. the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise.
Nothing in this resolution shall be construed to affect or repeal the provisions of law heretofore enacted placing said House Office Building under the control of the Superintendent of the Capitol Buildingand Grounds, subject to the approval and direction of the Commissions provided forVol. 32, p. 1114.Vol. 34. p. 1365. respectively in the Act of March third, nineteen hundred and three, and the Act of March fourth, nineteen hundred and seven. Unoccupied space in said building shall be assigned by the SuperintendentUnoccupied space. of the Capitol Buildingand Grounds under the direction of the Commission and subject to the control of the House of Representatives.
Approved, May 28, 1908. No. 31: Directing the selection of a site and the erection of a pedestal for a bronze statue in Washington, District of Columbia, in honor of John Witherspoon. Public Resolution 31 May 29, 1908 public Directing the selection of a site and the erection of a pedestal for a bronze statue in Washington, District of Columbia, in honor of John Witherspoon. May 29, 1908.[[S. J. R. 6](/us/bill/70/sjr/6).][[Pub. Res., no. 31](/us/pubres/70/31).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the chairman of theDistrict of Columbia.Monument to John Witherspoon in.Commission to select site, etc.
Committee on the Library of the Senate, the chairman of the Committee on the Library of the House of Representatives, the Secretary of War, and the chairman of the Witherspoon Memorial Association are hereby created a commission to select and prepare a site on property belonging to the United States in the city of Washington, other than the grounds of the Capitol or Library of Congress, and erect thereon a suitable pedestal for a statue in bronze of John Witherspoon, a signer of the Declaration of Independence, to be provided by the Witherspoon Memorial Association.
Sec. 2. That for the preparation of the site so selected and the erectionAppropriation. of the pedestal the sum of four thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated: *Provided*, That the design*Proviso.*Design. for said statue shall be approveα by the commission herein created. Approved, May 29, 1908. No. 32: Authorizing the employment of clerical services in the Department of Justice.
Public Resolution 32 May 30, 1908 public Authorizing the employment of clerical services in the Department of Justice. May 30, 1908.[[H. J. R. 197](/us/bill/70/hjr/197).][[Pub. Res., No. 32](/us/pubres/70/82).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Attorney-GeneralDepartment of Justice.Clerks on Indian depredation claims. is authorized to continue the employment of clerical services during the fiscal year nineteen hundred and nine, under the appropriation for “Defense in Indian Depredation Claims” and to pay therefor out of*Ante*, p. 236. said appropriation, not to exceed the sum of six thousand dollars.
Approved, May 30, 1908. 581PUBLIC ACTS OF THE SIXTIETH CONGRESS of the UNITED STATES *Passed at the first session, which was begun and held at the city of Washington, in the District of Columbia, on Monday, the second day of December, 1907, and was adjourned without day on Saturday, the thirtieth day of May, 1908.* Theodore Roosevelt, President; Charles W. Fairbanks, Vice-President; William P. Frye, President of the Senate *Pro Tempore;* Joseph G. Cannon, Speaker of the House of Representatives.
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