CHAP. 1489.-An Act Amending the Act of Congress approved January twentysixth, eighteen hundred and ninety-five, entitled "An Act authorizing the Secretary of the Interior to correct errors where double allotments of land have erroneously been made to an Indian, to correct errors in patents, and for other purposes.” April 23, 1904. [S. 1974.] [Public, No. 153.] Errors in allotments Vol. 28, p: 641, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Congress Public lands. approved January twenty-sixth, eighteen hundred and ninety-five and patents to Indians (Twenty-eighth Statutes, six hundred and forty-one), entitled "An to be corrected. Act authorizing the Secretary of the Interior to correct errors where amended. double allotments of land have erroneously been made to an Indian, to correct errors in patents, and for other purposes," be, and the same is hereby, amended so as to read as follows: "That in all cases where it shall appear that a double allotment of Proceedings. land has heretofore been, or shall hereafter be, wrongfully or erroneously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been or shall be made in the description of the land inserted in any patent, said Secretary is hereby authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian, and for which a conditional patent may have been issued, to rectify and correct such mistakes and cancel any patent which may have been thus erroneously and wrongfully issued whenever in his opinion the same ought to be canceled for error in the issue thereof, and if possession of the original patent can not be obtained, such cancellation shall be effective if made upon the records of the General Land Office; and no proclamation shall be necessary to open to settlement the lands to entry if patent be canwhich such an erroneous allotment patent has been canceled, provided such lands would otherwise be subject to entry: And provided, That such lands shall not be open to settlement for sixty days after such cancellation: And further provided, That no conditional patent that shall have heretofore or that may hereafter be executed in favor of not subject to cancelany Indian allottee, excepting in cases herein before authorized, and excepting in cases where the conditional patent is relinquished by the patentee or his heirs to take another allotment, shall be subject to cancellation without authority of Congress. Approved, April 23, 1904. Lands erroneously patented opened to celed. Provisos Conditional patent lation. Exceptions. CHAP. 1490.-An Act To amend sections twelve hundred and eighty-eight, twelve hundred and ninety-three, and twelve hundred and ninety-four of the Code of the District of Columbia, relating to marriage, so as to authorize marriages according to the custom of the Society of Friends or Quakers. April 23, 1904. [S. 4130.] [Public, No. 154.] Code amendments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve hundred District of Columbia. and eighty-eight of an Act entitled "An Act to establish a code of law for the District of Columbia," approved March third, nineteen hundred and one, be amended by adding thereto the following: Marriages solemnized without a min Vol. 31, p. 1392, "Provided, however, That marriages of members of any church or religious society which does not by its custom require the intervention ister. of a minister for the celebration of marriages may be solemnized in amended. the manner prescribed and practiced in any such society, the license in such case to be issued to, and returns to be made by, a person appointed by such church or religious society for that purpose." SEC. 2. That section twelve hundred and ninety-three of said'Act as amended by an Act of June thirtieth, nineteen hundred and two, be amended to read as follows: "SEC. 1293. FORM OF LICENSE.-Licenses to perform the marriage ceremony shall be addressed to some particular minister, magistrate, or other person authorized by section twelve hundred and eighty-eight Licenses to be adthorized persons. amended. dressed to certain au Vol. 32, p. 543, hereof to perform or witness the marriage ceremony and shall be in the following form: "To "Number authorized to celebrate (or witness) marriages in the District of Columbia, greeting: of and "You are hereby authorized to celebrate (or witness) the rites of marriage between of and having done so, you are commanded to make return of the same to the clerk's office of the supreme court of said District within ten days under a penalty of fifty dollars for default therein. "Witness my hand and seal of said court this anno Domini "By day of Clerk. Said return shall be made in person or by mail on a coupon issued with said license and bearing a corresponding number therewith within ten days from the time of said marriage, and shall be in the following form: "Number "I.. who have been duly authorized to celebrate (or witness) the rites of marriage in the District of Columbia, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized (or witnessed) the marriage of named therein, on the in said District." day of and at " A second coupon, of corresponding number with the license, shall be attached to and issued with said license, to be given to the contracting parties by the minister or other person to whom such license was addressed, and shall be in the following form: "Number and were by (or before) me united in marriage in accordance with the license issued by the clerk of the supreme court of the District of Columbia. "Name 66 Residence SEC. 3. That section twelve hundred and ninety-four of said Act be amended by inserting after the word "solemnized," in the second line, the words "or witnessed." Approved, April 23, 1904. April 23, 1904. [S. 4636.] [Public, No. 155.] Public lands. homestead entries by aliens. CHAP. 1491.-An Act To validate certain original homestead entries and extend the time to make final proofs thereon. Be it enacted by the Senate and House of Representatives of the United Time extended for States of America in Congress assembled, That in all cases where aliens final proofs in original have heretofore made original homestead entries, based upon void declarations of intention to become citizens of the United States made before United States commissioners, such original entries are hereby validated, and the time of such entrymen in which to make final proof on their entries is hereby extended for a period of two years, to enable such entrymen to legally secure final naturalization papers: Provided, Existing adverse That nothing in this Act shall be held to affect existing adverse claims Proviso. claims not affected. to land embraced in such entries. SEC. 2. That this Act shall take effect and be in force from and after its passage. Approved, April 23, 1904. Effect. CHAP. 1492.—An Act To extend the provisions of the Act of January twenty-first, nineteen hundred and three, to, the Osage Reservation, in Oklahoma Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of Congress approved January twenty-first, nineteen hundred and three, entitled "An Act tó amend an Act entitled 'An Act to provide for the use of timber and stone for domestic and industrial purposes in the Indian Territory,' approved June sixth, nineteen hundred," are, including gravel, hereby extended to and shall include the Osage Reservation, in the Territory of Oklahoma: Provided, That the proceeds from the lands in said Ŏsage Reservation, in Oklahoma Territory, shall go to the Osage Nation or allottees therein. Approved, April 23, 1904. CHAP. 1493.-An Act Regulating the practice of medicine and surgery in the Indian Territory. April 23, 1904. [H. R. 11963.] [Public, No. 157.] Indian Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no person shall practice medicine and surgery, or either, as a profession in the and surgery in. Indian Territory without first being registered as a physician and surgeon, or either, in the office of the clerk of the United States court in the district in which he or she offers to practice. SEC. 2. That each district clerk in the Indian Territory shall keep Registration. in his office a well-bound book, in which he shall register the names of all such persons as shall be lawfully qualified, as hereinafter provided, and who shall apply for registration as physician and surgeon, or either, with the date of such registration. SEC. 3. That hereafter any person who may wish to practice the science of medicine or surgery, or both, in the Indian Territory shall be allowed to register as such who shall file with the clerk of the United States court of any district in the Indian Territory a certificate of qualification signed by a majority of the board of medical examiners of the district in the Indian Territory in which he or she offers to register: Provided, That any person living in a district in which no board is organized may apply to the board of some other district in the Indian Territory. Certificate of qualification to be filed. Proviso. District board of medical examiners. SEC. 4. That immediately after the passage of this Act the United States judge of each district in the Indian Territory shall appoint for his district a board of medical examiners, consisting of three persons, Composition of. who shall be citizens of the district and learned in the science of medicine and surgery, of good moral character, graduates of some reputable medical college recognized by either of the American medical college associations, and who shall thereafter be duly registered under this Act, who shall hold their office for a period of four years, or until their successors are duly appointed and qualified; and should a vacancy occur in any of said boards at any time, the same shall be filled by appointment made by the United States judge of the district in which the vacancy occurs. Vacancies. Oath. Organization of board. Diplomas of prac ticing physicians. SEC. 5. That the members of said board shall, before entering upon the discharge of their duties, take the official oath required to be taken by officers of the Indian Territory. SEC. 6. That at the first meeting of the members of such boards, after they shall have been appointed, preparatory to the transaction of business assigned them under this Act, they shall organize by electing one of their members as president and another as secretary, and adopt a seal. SEC. 7. That physicians and surgeons who shall be engaged in practice at the time of the passage of this Act shall each, within six months thereafter, present to said board their diplomas, together with affidavit in each case that the affiant is the lawful possessor of the same and he Examination in the is the person named therein. Such as have no diplomas shall within absence of diplomas. the same time submit sworn applications, setting forth the extent of their medical education and their experience as practitioners, and shall be subjected to a careful examination by the board. Quarterly meetings. Examinations. Proviso. No discrimination. Certificates may be refused, or revoked. Proviso. Hearing in defense. Special examinations Certificate of registration. Fees, Quorum of board. Compensation. Approval of diplomas by the board. Fee SEC. 8. That the regular meetings of each board shall be held quarterly at the court house of that district on the first Monday in January, April, July, and October in each year, and when so assembled said board shall faithfully and impartially examine all such persons as shall appear before them for that purpose touching their qualifications to practice medicine and surgery, or either, and all such persons as shall satisfy such board of examiners, or a majority of them, that he or she is of good moral character and duly qualified in knowledge and capacity to practice medicine and surgery, or either, shall receive from such board a certificate of qualification as physician and surgeon, or either, as the case may be, which certificate shall entitle such person to registration under the provisions of sections two and three: Provided further, That no person desiring to practice medicine under this Act shall be excluded therefrom on account of any particular system or school of medicine that he or she may desire to practice. SEC. 9. That the board may refuse certificates to persons guilty of unprofessional or dishonorable conduct, and it may revoke certificates for like causes: Provided always, That they have given the person an opportunity to be heard in his or her defense. SEC. 10. That any person desiring to be examineu at any other time than the regular quarterly meeting shall notify the president of the board of such desire, whose duty it shall be to assemble the board as soon as practicable and examine such applicant. SEC. 11. That the district clerk shall give to every person registered under this Act a certificate of registration over his signature and official seal, and such certificate shall authorize any such person to practice as physician or surgeon, or both, as the case may be, in any district in the Indian Territory, provided he or she registers said certificate with the clerk of the United States court for each district in which he or she desires to practice. SEC. 12. That the clerk shall receive as his fee for all services required of him under this Act in each case the sum of one dollar and fifty cents. SEC. 13. That any two members of said board shall constitute a quorum for the transaction of all such business as shall come before it, and each applicant for examination shall pay in advance to the secretary, to be divided equally among the members of such board, the sum of ten dollars, which shall be their only compensation. SEC. 14. That all physicians and surgeons holding diplomas desiring to practice the science of medicine and surgery in the Indian Territory shall submit the same to the board of examiners for the district in which they desire to practice for examination and approval, for which said applicant shall pay a fee of one dollar to said board, and upon approval by said board of said diploma shall not be required to undergo Proviso. Requirements. the examination herein provided for; and said board shall issue to said applicant a certificate of approval, which certificate shall be registered in the clerk's office for the district in which said board holds jurisdiction: Provided, however, That no person holding a diploma issued after July first, nineteen hundred and four, shall be permitted to practice after July 1, 1904. medicine or surgery for pay in the Indian Territory except that the diploma be issued by a medical school or college requiring a preliminary examination for admission to its course of study in all the common branches and the higher mathematics, which requirements shall be regularly published in all the advertisements and in each prospectus or catalogue issued by said school, which medical school or college shall also require as a requisite for granting the degree of doctor of medicine attendance upon at least four courses of lectures of six months each, no two of said courses to be held within one year, and having a full faculty of capable professors in all the different branches of medical education, to wit, anatomy, physiology, chemistry, toxicology, histology, pathology, hygiene, materia medica, therapeutics, obstetrics, bacteriology, medical jurisprudence, gynecology, principles and practice of medicine and surgery, and specially requiring clinical instruction in the last two named of not less than four hours per week in each during the last two courses of lectures. Persons to be recog SEC. 15. That any person who shall prescribe or administer medicine nized as physicians, for or who shall in any manner treat disease, wounds, fractures, or other etc. bodily injury for pay shall be deemed physicians and surgeons under this Act. tions. SEC. 16. That any person who shall hereafter engage in the practice Penalty for violaof medicine and surgery, or either, in the Indian Territory, in violation of the requirements of this Act, shall be deemed guilty of a misdemeanor, and upon conviction in any court having jurisdiction thereof under the laws of the United States governing the practice of medicine and surgery in the Indian Territory shall be fined in any sum not less than twenty-five dollars and not more than one hundred dollars; and each day said physician or surgeon shall practice medicine or surgery without being registered as hereinbefore required shall be deemed a separate offense: Provided, however, That nothing in this Act shall be construed to prohibit gratuitous service in cases of emergency or the domestic administration of family remedies. And this Act shall not apply to surgeons in the service of the United States in the discharge of their official duties, or to physicians or surgeons from other Territories or States when in actual consultation with a physician or surgeon duly registered as provided herein: And provided further, That oste- ettront opath, massage, Christian Science, and herbal treatment shall not be affected by this Act: Approved, April 23, 1904. Provisos. Osteopath, massage, CHAP. 1494.-An Act To incorporate the Washington Sanitary Housing Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Henry Y. Satterlee, Teunis S. Hamlin, John M. Harlan, S. Walter Woodward, Brainard H. Warner, John Joy Edson, Maximilian G. Seckendorff, Wallace Radcliffe, Clement Brown, John W. Foster, George M. Sternberg, Henry B. Brown, David J. Brewer, Crosby S. Noyes, George M. Kober, Charles C. Glover, Charles J. Bell, Henry F. Blount, Charles B. Purvis, Francis J. Grimke, Frederick A. Miller, J. W. Pinchot, Mary L. D. Macfarland, Elizabeth J. Somers, Herbert Wadsworth, George Truesdell, John F. Wilkins, Simon Wolf, Henry A. Willard, J. Henry Small, April 23, 1904. [H. R. 11965.] [Public, No. 158.] District of Columbia. Housing Company incorporated. Incorporators. |