torial officers. scribed in and by said laws and ordinances, and said General Orders, Numbered One hundred and eighteen and One hundred and ninetyfive, until otherwise provided by law: Provided, however, That the chief justice and associate justices of Appointment of judges and terri- the supreme court and the marshal thereof shall be appointed by the President, by and with the advice and consent of the Senate, and the judges of the district courts shall be appointed by the governor, by and with the advice and consent of the executive council, and all other officials and attachés of all the other courts shall be chosen as may be Legislation as to directed by the legislative assembly, which shall have authority to legislate from time to time as it may see fit with respect to said courts, and any others they may deem it advisable to establish, their organization, the number of judges and officials and attachés for each, their jurisdiction, their procedure, and all other matters affecting them. courts. Judicial districts. Appointment of judicial officers. District court. -officers. -jurisdiction. SEC. 34. That Porto Rico shall constitute a judicial district to be called "the district of Porto Rico." The President, by and with the advice and consent of the Senate, shall appoint a district judge, a district attorney, and a marshal for said district, each for a term of four years, unless sooner removed by the President. The district court for said district shall be called the district court of the United States for Porto Rico and shall have power to appoint all necessary officials and assistants, including a clerk, an interpreter, and (2) such commissioners as may be necessary, who shall have like power and duties as are exercised and performed by commissioners of the circuit courts of the United States, and shall have, in addition to the ordinary jurisdiction of (3) district courts of the United States, jurisdiction of all cases cognizant in the circuit courts of the United States, and shall proceed therein in the same manner as a circuit court. The laws of the United States relating to appeals, writs of error and certiorari, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the district court of the United States and the courts of Porto Rico. Regular terms of said court shall be held at San Juan, commencing on the second Monday in April and October of each year, and also at Ponce on the second Monday in January of each year, and special terms may be held at Mayaguez at such other stated times as said judge may deem expedient. -proceedings to All pleadings and proceedings in said court shall be conducted in the be in English. English language. -procedure. -terms of. -successor to The United States district court hereby established shall be the sucprovisional court. cessor to the United States provisional court established by General Orders, Numbered Eighty-eight, promulgated by Brigadier-General Davis, United States Volunteers, and shall take possession of all records of that court, and take jurisdiction of all cases and proceedings -pending mat- pending therein, and said United States provisional court is hereby discontinued. ters, etc. Appeals to SEC. 35. That writs of error and appeals from the final decisions of United States Su- the supreme court of Porto Rico and the district court of the United preme Court. States shall be allowed and may be taken to the Supreme Court of the United States in the same manner and under the same regulations and in the same cases as from the supreme courts of the Territories of the -when allowed. United States; and such writs of error and appeal shall be allowed in all cases where the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right NOTES.-(2) The fees of commissioners for Porto Rico are made the same as for the United States commissioners, by 1901, March 2, ch. 812, § 1, post, p. 1528. (3) By 1901, March 2, ch. 812, § 3, post, p. 1528, the jurisdiction of the district court is extended to embrace controversies where the parties or either of them are citizens of the United States or citizens or subjects of a foreign State or States, wherein the matter in dispute exceeds the sum of $1,000. By 4 of the same act the fees and mileage of jurors and witnesses are fixed, while § 2 makes provision with reference to fees payable by the United States, etc. Writs of habeas claimed thereunder is denied; and the supreme and district courts of Porto Rico and the respective judges thereof may grant writs of habeas corpus. corpus in all cases in which the same are grantable by the judges of the district and circuit courts of the United States. All such proceed-Proceedings in ings in the Supreme Court of the United States shall be conducted in United States Suthe English language. SEC. 36. That the salaries of all officials of Porto Rico not appointed by the President, including deputies, assistants, and other help, shall be such, and be so paid out of the revenues of Porto Rico, as the executive council shall from time to time determine: Provided, however, That the salary of no officer shall be either increased or diminished during his term of office. The salaries of all officers and all expenses of the offices of the various officials of Porto Rico, appointed as herein provided by the President, including deputies, assistants, and other help, shall also be paid out of the revenues of Porto Rico on the warrant of the auditor, countersigned by the governor. The annual salaries of the officials appointed by the President, and so to be paid, shall be as follows: The governor, eight thousand dollars; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of Porto Rico, with the furniture and effects therein, free of rental. The secretary, four thousand dollars. The attorney-general, four thousand dollars. The treasurer, five thousand dollars. The auditor, four thousand dollars. The commissioner of the interior, four thousand dollars. (4) The commissioner of education, three thousand dollars. The chief justice of the supreme court, five thousand dollars. The associate justices of the supreme court (each), four thousand five hundred dollars. The marshal of the supreme court, three thousand dollars. The United States district judge, five thousand dollars. The United States district attorney, four thousand dollars. The United States district marshal, three thousand five hundred dollars. Court to be preme in English. Salaries payable out of revenues. 1901, Mar. 2, ch. 812, § 1, post, p 1528. to be during -not changed -how paid. term. Rate of salaries. SEC. 37. That the provisions of the foregoing section shall not apply Salaries of muto the municipal officials. Their salaries and the compensation of nicipal officers their deputies, assistants, and other help, as well as all other expenses payable from muincurred by the municipalities, shall be paid out of the municipal rev. nicipal revenues. enues in such manner as the legislative assembly shall provide. Export duties Assessment of taxes. Bond issue au SEC. 38. That no export duties shall be levied or collected on exports from Porto Rico; but taxes and assessments on property, and license not to be imposed. fees for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by act of the legislative assembly; and where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Porto Rico or any municipal govern- thorized. ment therein as may be provided by law to provide for expenditures authorized by law, and to protect the public credit, and to reimburse the United States for any moneys which have been or may be expended out of the emergency fund of the War Department for the relief of the industrial conditions of Porto Rico caused by the hurricane of August eighth, eighteen hundred and ninety-nine: Provided, however, That no public indebtedness of Porto Rico or of -limit to inany municipality thereof shall be authorized or allowed in excess of debtedness. seven per centum of the aggregate tax valuation of its property. NOTE.—(4) By 1901, March 2, ch. 812, § 1, post, p. 1528, the salary of the com missioner of education is changed to $4,000 per annum. Resident com United States to be elected. SEC. 39. That the qualified voters of Porto Rico shall, on the first missioner to Tuesday after the first Monday of November, anno Domini nineteen hundred, and every two years thereafter, choose a resident commissioner to the United States, who shall be entitled to official recognition as such by all Departments, upon presentation to the Department of State of a certificate of election of the governor of Porto Rico, and who shall be entitled to a salary, payable monthly by the United States, at the rate of five thousand dollars per annum: -salary. -qualifications. Commission to revise laws. -to report on etc. Provided, That no person shall be eligible to such election who is not a bona fide citizen of Porto Rico, who is not thirty years of age, and who does not read and write the English language. SEC. 40. That a commission, to consist of three members, at least one of whom shall be a native citizen of Porto Rico, shall be appointed by the President, by and with the advice and consent of the Senate, to compile and revise the laws of Porto Rico; also the various codes of permanent system procedure and systems of municipal government now in force, and to of government, frame and report such legislation as may be necessary to make a simple, harmonious, and economical government, establish justice and secure its prompt and efficient administration, inaugurate a general system of education and public instruction, provide buildings and funds therefor, equalize and simplify taxation and all the methods of raising revenue, and make all other provisions that may be necessary to secure and extend the benefits of a republican form of government to all the inhabitants of Porto Rico; and all the expenses of such commissioners, including all necessary clerks and other assistants that they may employ, and a salary to each member of the commission at the rate of five thousand dollars per annum, shall be allowed and paid out of the treasury of Porto Rico as a part of the expenses of the government of Porto Rico. And said commission shall make full and final report, in both the English and Spanish languages, of all its revisions, compilations, and recommendations, with explanatory notes as to the changes and the reasons therefor, to the Congress on or before one year after the passage of this Act. -expenses. -report. Effect. SEC. 41. That this Act shall take effect and be in force from and after the first day of May, nineteen hundred. [April 12, 1900.] April 17, 1900. 31 Stat. L., 86. Executive Man sion, inventory of property. CHAP. 192.-An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. Be it enacted, &c., * * [Par. 1.] And hereafter a complete inventory, in proper books, shall be made annually, by the steward, under the direction of the officer in charge of public buildings and grounds, R.S., § 156, 1832. of all the public property in and belonging to the Executive Mansion, showing when purchased, use to which applied, cost, condition, and final disposition, to be submitted to Congress with annual report of the officer in charge of public buildings and grounds. Internal reve nue. ** [Par. 2.] (1) That the Commissioner of Internal Revenue is authorized to detail deputy collectors of internal revenue in one district for Deputy collect- special duty in other districts, and the deputy collectors so detailed ors may serve in shall be paid by the collector of internal revenue and disbursing agent 1879, Mar. 1, ch. for the district for which they are appointed and for which the allow 125, § 2 (1 Supp. ance for their salary and expenses is made, the same as if all their R. S., 224). services had been performed and expenses incurred in that district. other districts. * * NOTE. (1) By 1879, March 1, ch. 125, § 2, subsection 12 (1 Supp. R. S., 225), amending R. S., § 3148, the duties of deputy collectors were limited to the district in which they are appointed. The provision in the text provides how they may be detailed for duty in other districts. Agents' compen [Par. 3.] That the compensation of the chief of the internal-revenue agents shall not exceed ten dollars per day, and of the other agents sation. not exceeding seven dollars per day each; -per diem. and for per diem in lieu of subsistence, (2) when absent on duty 1885, Mar. 3, ch. from their legal residence, said agents shall receive, at a rate to be 343 (1 Supp. R. S., 485). fixed by the Secretary of the Treasury, not exceeding three dollars per day: (3) Provided further, That the Commissioner of Internal Revenue is Gaugers, etc., authorized to detail gaugers, storekeeper-gaugers, and storekeepers, in other districts. detailed for duty appointed in one district, for special or regular duty in other districts, R. S., § 3163, and the accounts of gaugers, storekeeper-gaugers, and storekeepers, 1879, Mar. 1, ch. appointed in one district, for special or regular duty in other districts, 125, § 2 (1 Supp. and the accounts of gaugers, storekeeper-gaugers, and storekeepers R. S., 223). so detailed shall be adjusted and paid in the district where they are ch. 349, § 63 (2 1894, Aug. 28, appointed the same as if assigned to regular duty, without regard to Supp. R. S., 330). the number of districts in which they may have been employed in any one month, the same as if all their services had been performed and expenses incurred in the district in which appointed, * * * * -authority for Oklahoma, be moved. -capital not to and the order of the Commissioner of Internal Revenue transferring gaugers, storekeeper-gaugers, or storekeepers to special work expenses. shall be accepted by the accounting officers of the Treasury Department as full authority for proper expenses incurred by said gaugers, storekeeper-gaugers, or storekeepers, while so assigned. Par. 4. (4) Territory of Oklahoma: That the legislative assembly shall not consider any proposition or pass any bill to remove the seat of government of said Territory from its present location: Provided further, That said legislative assembly shall not make any appropriation or enter into any contract for a capitol building. [Par. 5.] It shall be the duty of the Secretary of the Navy to submit in the Book of Estimates for the fiscal year nineteen hundred and two, Report of emand annually thereafter, under the respective bureaus and offices of ployees under genthe Navy Department, a statement in detail, showing the number of eral appropriapersons employed during the previous fiscal year and the rate of compensation of each under appropriations for "Increase of the Navy" or other general appropriations. * * -no contract for capitol building. Navy Depart ment. tions. R. S., § 429. Court of Private Land Claims. Substitute for 1897, Feb.19, ch. [Par. 6.](5) That section nineteen of an Act entitled "An Act to establish a Court of Private Land Claims and to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety-one, as amended in legisla- 265, par. 16 (2 tive, executive, and judicial appropriation Act for the fiscal year eight- Supp. R. S., 556). een hundred and ninety-eight, approved February nineteenth, eighteen hundred and ninety-seven, be, and the same is hereby, further amended to read as follows: "SEC. 19. That the powers and functions of the court established by this Act shall cease and determine on the thirtieth day of June, nineteen hundred and two, and all papers, files, and records in the possession of the said court belonging to any other public office of the United States shall be returned to such office, and all other papers, NOTES. (2) That portion of the paragraph preceding the words "Provided further" constitutes a reenactment of the proviso to 1885, March 3, ch. 343 (1 Supp. R. S., 485) with a substitution of the words "when absent on duty from their legal residence" for the words of the prior act, "while traveling on duty." (3) By 1879, March 1, ch. 125, § 2 (1 Supp. R. S., 223), enacting a substitute for R. S., § 3163, provision is made for the transfer of inspectors, gaugers, storekeepers, etc. The provision in the text extends that of the former act so as to allow such officers to be detailed from one district to another either for special or regular duty. See also 1894, August 27, ch. 349, § 63 (2 Supp. R. S., 330). (4) The first portion of this paragraph is a repetition of 1898, March 15, ch. 68, par. 4 (2 Supp. R. S., 735). The part beginning with the words "Provided further" is new legislation. (5) For acts establishing and continuing the Court of Private Land Claims, and decisions thereunder, see note (10) to 1900, June 6, ch. 791, par. 12, post, p. 1436. -continued to June 30, 1902. Yellowstone Park. Commissioner files, and records in the possession of or appertaining to said court shall be returned to and filed in the Department of the Interior." * * [Par. 7.] Commissioner Yellowstone Park: For (6) salary of commissioner in Yellowstone National Park, one thousand five hundred dollars. And the provisions of section twenty-one of an Act making approto receive salary. priations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes, approved May twenty-eighth, eighteen hundred and ninety-six, shall not be construed as impairing the right of said commissioner to receive said salary as herein provided. [April 17, 1900.] April 18, 1900. 31 Stat. L., 136. Pensions. ents who were in * * NOTES.-(6) The salary here provided is an increase of $500 over that fixed by 1894, May 7, ch. 72, § 7 (2 Supp. R. S., 186). The act referred to in the text, 1896, May 28, ch. 252, § 21 (2 Supp. R. S., 486), is that prescribing the fees of commissioners. CHAP. 244.—An Act Repealing section forty-seven hundred and sixteen of the Revised Statutes, so far as the same may be applicable to the claims of dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. (1) Be it enacted, &c., That section forty-seven hundred and sixteen of Dependent par- the Revised Statutes be, and the same is hereby, repealed, so far as rebellion may re- the same may be applicable to the claims to pension of dependent ceive, for son in parents of soldiers, sailors, and marines who served in the Army or Spanish war. Navy of the United States during the war with Spain. [April 18, 1900.] R. S., § 4716. NOTE. (1) R. S., § 4716, provides that no pension money shall be paid to any person, or to the widow, children, or heirs of anyone who voluntarily engaged in or aided or abetted the rebellion against the authority of the United States. See note to 1892, August 1, ch. 351 (2 Supp. R. S., 62) for a reference to other exceptions to the operation of the provisions of R. S., § 4716. April 18, 1900. 31 Stat. L., 136. Virginia. at Charlottesville. CHAP. 245.—An Act To authorize the holding of a regular term of the district court of the United States for the western district of Virginia in the city of Charlottesville, Virginia. (1) Be it enacted, &c., That a regular term of the district court of the -terms of court United States for the western district of Virginia shall be held in each year in the city of Charlottesville, Virginia, on the second Monday in January. [April 18, 1900.] R. S. § 572. NOTE. (1) By 1890, September 25, ch. 922 (1 Supp. R. S., 806), the terms of court for the western district of Virginia are fixed. April 18, 1900. 31 Stat. L., 137. Immediate privileges extend CHAP. 246.—An Act To extend the privileges of the seventh section of the Act approved Be it enacted, &c., That the privileges of the seventh section of the transportation Act approved June tenth, eighteen hundred and eighty, governing the ed to Greenbay, immediate transportation of dutiable merchandise without appraisement be, and they are hereby, extended to the port of Greenbay, in the 1880, June 10, customs collection district of Milwaukee, Wisconsin. [April 18, 1900.] ch. 190, 87 (1 Supp. R. S., 294). Wis. NOTE. (1) By 1901, February 20, ch. 385, post, p. 1486, immediate-transportation privileges are extended to Milwaukee, Wis. By 1892, May 11, ch. 66 (2 Supp. R. S., 21), Superior and Ashland are made subports of entry and delivery. See note thereto for review of legislation affecting that collection district. |