"Territories, such magazine rifles belonging to the United States as are not necessary for the equipment of the Army and the organized militia, for the use of rifle clubs formed under regulations prepared by the national board for the promotion of rifle practice and approved by the Secretary of War. ordnance stores, etc. Vol. 82, p. 778. SEC. 2. That the Secretary of War is hereby authorized in his dis- Bale ammunition cretion to sell to the several States and Territories, as prescribed in section seventeen of the Act approved January twenty-first, nineteen ́ hundred and three, for the use of said clubs, ammunition, ordnance stores, and equipments of the Government standard at the prices at which they are listed for the Army. The practice of the rifle clubs Rifle practice. herein provided shall be carried on in conformity to regulations prescribed by the national board for the promotion of rifle practice, approved by the Secretary of War, and the results thereof shall be filed in the office of the Military Secretary of the Army. Approved, March 3, 1905. CHAP. 1417.-An Act Providing for the resurvey of township nineteen north, range six east, Montana meridian, Cascade County, State of Montana. March 3, 1905. (8.5203.] [Public, No. 150.] Public lands. cade County, Mont., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to cause to be made a resur- ship 19, range 6, Casvey of the lands in township numbered nineteen north, in range numbered six east, Montana meridian, in- Cascade County, in the State of Montana; and all rules and regulations of the Interior Department Petitions of all setrequiring petitions from all settlers of said county asking for resurvey and agreement to abide by the result of the same so far as these lands are concerned are hereby abrogated: Provided, That nothing herein contained shall be so construed as to impair the present bona fide claim affected. of any actual occupant of any of said lands to the lands so occupied. Approved, March 3, 1905. tlers not required. Proviso. Bona fide claims not CHAP. 1418.-An Act To provide for an additional judge of the district court -of the United States for the district of New Jersey. March 3, 1905. [S. 5768.] {Public, No. 151.] New Jersey judicial district. Additional judge. Beit enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President, by and United States Courts. with the advice and consent of the Senate, shall appoint an additional judge of the district court of the United States for the district of New Jersey, who shall reside in said district, and who shall possess the same powers, perform the same duties, and receive the same salary as the present district judge of said district. Approved, March 3, 1905. CHAP. 1419.-An Act To provide for circuit and district courts of the United States at Selma and Tuscaloosa, Alabama. Be it enacted by the Senate and House of Representat es of the United States of America in Congress assembled, That the northern division of the southern judicial district of the State of Alabama is hereby established, composed of the counties of Dallas, Hale, Marengo, Perry, and Wilcox. And all other counties now in the southern judicial district of the State of Alabama shall constitute the southern division Northern division of Southern district. Terms at Selma. pp. 98, 120. of the southern district of Alabama; and the courts of said southern division shall be held in Mobile, as now provided by law. SEC. 2. That a term of the circuit court and of the district court for the northern division of the southern judicial district of the State of R. S., seca. 572, 658, Alabama shall be held in Selma, in Dallas County, in said State, on the first Monday in November and the first Monday in May in each year; and it shall be the duty of the clerk, marshal, and other officers. of the southern judicial district to attend said terms of said court and perform all the duties pertaining to their positions, and no additional clerk or marshal shall be appointed in said district. If in the opinion of the court it shall become necessary, a deputy clerk may be appointed: Provided, however, That suitable rooms and accommodations are furnished for the holdings of said courts free of expense to the Government of the United States. Proviso. Court room. SEC. 3. That all suits not of a local nature in the circuit and district. courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district such suits may be brought in either division. All issues of fact in said suits shall be tried at the term of the court held in the division where the suit is so brought. SEC. 4. That prosecutions for crime or offenses hereafter committed in any of the counties of the northern division shall be cognizable within such division; and all prosecutions for crime or offenses heretofore committed within either of said counties, taken, as aforesaid, from the middle and southern districts, or committed in the middle or southern districts as hitherto constituted, shall be commenced and proceeded with as if this Act had not been passed. SEC. 5. That all civil suits and proceedings now pending in the circuit or district courts of either district or division from which the counties constituting this division have been taken, and which would, after the passage of this Act, be required to be brought within the northern division of said southern district, may be transferred by consent of all parties or by order of the court to said northern division of said district, and there disposed of in the same manner and with like effect as if the same had been instituted therein; and all processes, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court. in the northern division of said southern district, and in the same manner and with like effect as if they had been issued or taken in reference thereto originally. SEC. 6. That in all cases of removal of suits from the courts of the State of Alabama to the courts of the United States in the southern and middle districts of Alabama such removal shall be made to the United States courts in the division in which the county is situated from which the removal is made, and the time within which such removal shall be perfected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. SEC. 7. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process subject to the provision hereinbefore contained issued in either of said divisions may be served and executed in either or all of said divisions. SEC. 8. That the western division of the northern district of the State of Alabama is hereby established, composed of the counties of Tuscaloosa, Bibb, Greene, Sumter, and Pickens, and a term of the circuit and district court of the western division of the northern district of Alabama shall be held in Tuscaloosa, in Tuscaloosa County, in said State, on the first Tuesday in January and June of each year; and it shall be the duty of the clerk, marshal, and other officers of the northern judicial district of said State to attend said terms of court and perform all the duties pertaining to their positions, and no additional clerk or marshal shall be appointed in said district. If in the opinion of the court it shall become necessary, a deputy clerk may be appointed: Provided, however, That suitable rooms and accommodations shall be furnished for the holding of said court free of expense to the Government of the United States. All other provisions of this Act relating to the northern division of the southern district of Alabama shall, as far as practicable, relate and apply to the western division of the northern district of Alabama. Court room. Provision for northern division, etc. Prosecution of crimes. SEC. 9. That in all prosecutions for crimes or offenses heretofore committed within either the northern, middle, or southern districts of Alabama, as hitherto constituted, such prosecutions shall be commenced and proceeded with in each of said districts, respectively, the same as if this Act had not been passed. This Act shall be in force from and after April first, anno Domini nineteen hundred and five. All laws and Repeal. parts of laws inconsistent with this Act are hereby repealed. Approved, March 3, 1905. Effect. CHAP. 1420.-An Act To enable independent school district, numbered twelve, Roseau County, Minnesota, to purchase certain lands. March 8, 1905. [8. 6522.] [Public, No. 153.] Roseau County, Minn. Nay may puck au thorized to sell allot Vol. 82, p. 261. Description. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Nay may puck, to whom the Secretary of the Interior was authorized by the Act of Congress of May twenty-seventh, nineteen hundred and two (Thirty-second ted lands to. Statutes at Large, page two hundred and sixty-one), to allot lands in severalty on the ceded portion of the Red Lake Reservation, Minnesota, such allotment to be subject to the provisions of the Act of Congress of February eighth, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, page three hundred and eighty- Vol. 24, p. 888 eight), is hereby authorized to sell and convey to independent school district, numbered twelve, Roseau County, Minnesota, the followingdescribed lands, being a part of the lands selected for allotment by the said Nay may puck: Beginning at a point on the bank of the Warroad River thirty-three feet west of quarter section line running north and south through section twenty-nine, township one hundred and sixty-three north, of range thirty-six west, fifth principal meridian; thence northerly along the west side of State street, in Moody's addition to the original town site of Warroad, a distance of three hundred and forty feet to a point on the south side of the Roseau-Warroad road; thence angle one hundred and twenty-four degrees thirty minutes in a northwesterly direction along the southerly side of said road a distance of seven hundred feet; thence angle ninety degrees in a southwesterly direction a distance of one hundred and sixty-five feet to bank of Warroad River; thence in a southeasterly direction along the bank of said Warroad River to the place of beginning, containing about four acres and being a part of lot one, section twenty-nine, township one hundred and sixty-three north, of range thirty-six west, of the fifth principal meridian, Minnesota, such conveyance, however, to be subject to the approval of the Secretary of the Interior, and when so approved shall convey a fee-simple title to said school district the same as if a final patent had been issued to said Indian without restrictions as to alienation. Approved, March 3, 1905. CHAP. 1421.-An Act To cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain, subject to entry under the homestead law, with certain restrictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain, subject to the easement provided for in section two hereof, all the lands described in a certain proclamation of the President of the United States, dated November twenty-eighth, eighteen hundred and eighty-one, Executive Document Numbered Eight hundred and seventy-two, withdrawing and withholding certain lands from market or entry and reserving the same to aid in the construction of certain reservoirs to be built at the headwaters of the Missisippi and Saint Croix rivers, in the States of Minnesota and Wisconsin, and of the Chippewa and Wisconsin rivers, in the State of Wisconsin, except lot seven of section thirty-three, and lot five of section thirtyfour, township one hundred and forty-four, range twenty-eight west of the fifth principal meridian; and that these lands when so restored shall be subject to homestead entry only. SEC. 2. That the lands hereby restored shall forever be and remain subject to the right of the United States to overflow the same, or any thereof, by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow. SEC. 3. That in all cases where any of the lands restored to the public domain by the first section of this Act have heretofore been sold or disposed of by the proper officers of the United States under color of the public-land laws, and the consideration received therefor is still retained by the Government, the title of the purchasers may be confirmed, subject to the easement reserved by section two, if, in the opinion of the Secretary of the Interior, justice requires it; and in all cases where first or preliminary homestead entries have been made of the lands hereby restored, and the entrymen have attempted to make final proof and final entry, such entrymen shall have a preferred and prior right to enter such lands under the homestead law on showing a compliance with the requirements of said law as to settlement, cultivation, proof, and payment. SEC. 4. That no rights of any kind, except as specified in the foregoing section, shall attach by reason of settlement or squatting upon any of the lands hereinbefore described before the day on which such lands shall be subject to homestead entry at the several land offices; and until said lands are opened for settlement no person shall enter upon and occupy the same, and any person violating this provision shall never be permitted to enter any of said lands or acquire any title thereto. SEC. 5. That this Act shall take effect six months after its approval by the President of the United States. Approved, March 3, 1905. March 3, 1905. [S. 6744.] [Public, No. 155.] Commissions.. Appointments in CHAP. 1422.-An Act Relative to the commissions of officers who are under the direction and control of the Postmaster-General and the Secretary of Commerce and Labor, respectively. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the commisPost-Office and Com- sions of all officers under the direction and control of the Postmastermerce and Labor Departments. General and the Secretary of Commerce and Labor shall be made out and recorded in the Post-Office Department and the Department of Proviso. Commerce and Labor, respectively, and the Department seal affixed Approved, March 3, 1905. Prior commissions CHAP. 1423.-An Act Granting to the Choctaw, Oklahoma and Gulf Railroad Company the power to sell and convey to the Chicago, Rock Island and Pacific Railway Company all the railway property, rights, franchises, and privileges of the Choctaw, Oklahoma and Gulf Railroad Company, and for other purposes. March 3, 1905. [S. 6647.] [Public, No. 156.] Indian Territory. cific Railway Com- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Choctaw, Oklahoma and Gulf Railroad Company be, and it is hereby, authorized and em- and powered to sell and convey to the Chicago, Rock Island and Pacific Company. Sale of, to Chicago, Railway Company all the railway property, rights, franchises, and Rock Island and Paprivileges of the Choctaw, Oklahoma and Gulf Railroad Company, and pany authorized. the Chicago, Rock Island and Pacific Railway Company is hereby authorized and empowered to purchase, hold, maintain, and operate the railway heretofore constructed or now owned by the Choctaw, Oklahoma and Gulf Railroad Company, subject, however, to all the conditions and limitations contained in the several Acts of Congress authorizing the organization of the Choctaw, Oklahoma and Gulf Railroad Company and the construction of its lines in the Indian Territory: Provided, hongever, That before any such sale and conveyance shall be made the terms thereof shall be approved by a majority of the direc- jority of directors. tors of the Choctaw, Oklahoma and Gulf Railroad Company: Provided, That said purchasing company shall, by said purchase, be and become liable and assume the payment of all existing liabilities of said selling company, and all suits now pending against said Choctaw, Oklahoma and Gulf Railroad Company shall proceed to final judgment the same as if said sale had not been made. Provisos. Liabilities, etc. SEC. 2. That all the provisions of any Act of Congress inconsistent Repeal. with this Act be, and the same are hereby, repealed. Approved, March 3, 1905. CHAP. 1424.-An Act To amend section twenty-two hundred and eighty-eight of the Revised Statutes of the United States. March 3, 1905 [S. 6757.] [Public, No. 157.] Homestead settlers. Right of transfer of. R. 8., sec. 2288, p. 419, amended. extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-two hundred and eighty-eight of the Revised Statutes be amended so as to read as follows: "SEC. 2288. Any bona fide settler under the preemption, homestead, Right of transfer or other settlement law shall have the right to transfer, by warranty against his own acts, any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, telegraph, telephones, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim." Approved, March 3, 1905. |