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Paymasters' clerks' pay. R. S., § 1190.

Hospital stewards.

--only one at a station.

Additional pay

[Par. 4.] That hereafter the pay of Army paymasters' clerks who have served as such over fifteen years shall be one thousand eight hundred dollars per annum;

the pay of Army paymasters' clerks who have served as such over ten years shall be one thousand six hundred dollars each per annum; the pay of Army paymasters' clerks who have served as such over five years shall be one thousand five hundred dollars each per annum; the pay of other Army paymasters' clerks shall be one thousand four hundred dollars each per annum.

* *

[Par. 5.] (3) That the Secretary of War is empowered to appoint as many hospital stewards as in his judgment the service may require, not to exceed an additional one hundred,

*

but no more than one hospital steward shall be stationed at one post or station without special authority from the Secretary of War. [Par. 6.] (4) For additional pay for increased rank when in comfor increased rank. mand by competent authority, fifty thousand dollars: Provided, That no part of this sum shall be used for pay of officers assigned to higher cominand than their rank in the Army, unless such service shall be continuous for a period of not less than three months.

-service to be three months.

*

*

Returning re- [Par. 7.] (5) To enable the Secretary of War, in his discretion, to mains of civil em- cause to be transported to their homes the remains of civilian employees ployees and ex- of the Army, who have died, or may hereafter die, while in the employ soldiers to United of the War Department in Cuba, Puerto Rico, Hawaii, and the Philip

States.

of State troops.

pines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport and who die while on said transport, the sum of one hundred thousand dollars, which is hereby appropriated and made immediately available for the above purpose as long as may be required.

*

*

Replacing quar- [Par. 8.] (6) That on application of the governor of any State or termaster supplies Territory the Secretary of War is authorized to replace the quartermaster supplies which the volunteers from said State or Territory carried into the service of the United States Army during the recent war with Spain, and which have been retained by the United States, exclusive of such supplies as have been allowed for in the office of the Auditor for the War Department and such award accepted by a State. * *

Obsolete ord

teer Soldiers' Homes.

[Par. 9.] (7) That hereafter the Chief of Ordnance is authorized to nance to Volun- issue such obsolete or condemned ordnance, gun carriages, and ordnance stores as may be needed for ornamental purposes to the Homes for Disabled Volunteer Soldiers, the Homes to pay for transportation out of any appropriation for current expenses.

* *

Replacing ord[Par. 10.] That on application of the governor of any State or Ternance, etc., to States used by vol- ritory the Secretary of War is authorized to replace the ordnance and unteers in Spanish ordnance stores which the volunteers from said State or Territory carried into the service of the United States Army during the recent war with Spain, and which have been retained by the United States.

war.

NOTES.-(3) R. S., § 1180, authorizes the appointment of hospital stewards without limit of number. By 1896, March 16, ch. 59, par. 2 (2 Supp. R. S., 453) the number is reduced to one hundred. The paragraph in the text in effect authorizes a total of two hundred, to which an additional one hundred are added by 1901, February 2, ch. 192, § 18, post, p. 1471.

(4) By 1898, April 26, ch. 191, § 7 (2 Supp. R. S., 746), an officer exercising in time of war a command above that pertaining to his grade is entitled to the pay of the grade appropriate to the command exercised.

(5) See the similar provisions of 1899, March 3, ch. 423, par. 4 (2 Supp. R. S., 991); 1899, March 3, ch. 427, par. 3 (2 Supp. R. S., 1002), and 1901, March 2, ch. 803, par. 7, post, p. 1508. The paragraph in the text in effect extends the provisions of the other acts to civilian employees and discharged soldiers.

(6) See the similar provision of paragraph 10 of this act as to ordnance stores. (7) A similar provision, but without the word "hereafter," is contained in 1899 March 3, ch. 423, par. 6 (2 Supp. R. S., 991).

(8) Hereafter the following persons only shall be entitled to the Volunteer Solbenefits of the National Home for Disabled Volunteer Soldiers and diers' Home. may be admitted thereto upon the order of a member of the Board of Managers, namely:

Who may be

Extent of act

on muster out in

All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in admitted. which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. (9) That the Act approved January twelfth, eighteen hundred and ninety-nine, granting "extra pay to officers and enlisted men of the granting extra pay United States Volunteers," shall extend to all volunteer officers of the lieu of furlough. general staff who have not received waiting orders pay prior to discharge, at the rate of one month to those who did not serve beyond the limits of the United States and two months to those who served beyond the limits of the United States; and officers and enlisted men of volunteer organizations, who have served honestly and faithfully in the Volunteer Army of the United States during the war with Spain and have been honorably discharged without furlough, or by reason of their services being no longer required, or at any time by reason of wounds received, or disability contracted in the service and in the line. of duty, and who have not received the extra pay granted in said Act or in subsequent Acts of Congress supplemental thereto:

And this Act shall be deemed to apply to officers of volunteers who resigned and enlisted men of volunteers who were discharged upon their own applications subsequent to the issue of orders for the muster out of their organizations and prior to the dates of muster out. [May 26, 1900.]

NOTES.-(8) R. S., § 4832, limited the right of admission to the National Home for Disabled Volunteer Soldiers to those who served in the war of the rebellion, the war of 1812, and the Mexican war. The provision in the text extends the right of admission to those who served in any war in which the country has been engaged.

(9) The act here referred to is that of 1899, January 12, ch. 46, § 1 (2 Supp. R. S., 915). See the amendment thereto of 1899, March 3, ch. 423, par. 8 (2 Supp. R. S., 991); also the similar provision for the temporary force of the Navy by 1899, March 3, ch. 427, par. 4 (2 Supp. R. S., 1002), construed in 35 C. Cls., 207.

CHAP. 587.-An Act Regulating permits for private conduits in the District of
Columbia. (1)

Be it enacted, &c., That the Commissioners of the District of Columbia be, and they are hereby, authorized to grant permission to lay conduits for the transmission of electric power and pipes for the transmission of steam in alleys in the District of Columbia, under the following conditions, namely:

The conduits or pipes shall be laid entirely within a square or block, and shall not cross or enter any avenue, street, or highway.

The conduits and pipes shall be located as directed by said Commissioners and be laid under their inspection;

May 26, 1900.

31 Stat. L., 217. Dist. Columbia. Permits for lay

ing conduits in alleys.

1897, June 4, ch. 2, par. 10 (2 Supp. R. S., 627).

Conduit not to cross or enter highway. -laid under inspection.

cost of pave

and the cost of such inspection, together with the cost of replacing all improved pavements disturbed in connection with said work, shall ments, etc. be paid in advance by the party desiring to lay said conduits or steam pipes.

The conduits or pipes shall be used only to connect the premises owned and operated by the permittee, and no power or steam shall be supplied therefrom for any other purpose than the use of the permittee.

NOTE. (1) By 1899, March 3, ch. 422, par. 2 (2 Supp. R. S., 988) the District Commissioners are authorized to grant permits for the repair, enlargement, and extension of existing electric-lighting conduits, etc. See also note (2) thereto for a discussion of the question of conduits.

-to connect premises.

--not to be rented.

Penalty for violation.

The permittee shall not rent the conduit or pipe or any portion thereof.

SEC. 2. That on violation of any of the above provisions or restrictions, the said Commissioners shall require the permittee, after thirty days' notice, to abandon the use of said conduits or pipes and remove them from the alley or alleys in which they are located, and if said permittee shall neglect or refuse to remove said conduits or pipes and place the surface of the alley in good condition within sixty days after the date of said notice, the said permittee shall be deemed guilty of a misdemeanor, and shall be liable to a fine of ten dollars for each and every day that said conduits or pipes are allowed to remain in the -jurisdiction of alley, or the said alley shall remain out of repair, which fine shall be police court. recovered in the police court of said District, in the name of said District, as other fines and penalties are now recovered in said court.

Amendments.

SEC. 3. That Congress reserves the right to alter, amend, or repeal this Act. [May 26, 1900.]

May 26, 1900. 31 Stat. L., 218. Dist. Columbia. Be it enacted, &c., That section six of the Act entitled "An Act Inspection of regulating the inspection of flour in the District of Columbia, 1898, Dec. 21, approved December twenty-first, eighteen hundred and ninety-eight, ch. 30, § 6 (2 Supp. be amended by striking out the last clause of said section and insertR. S., 911). ing in lieu thereof the following:

CHAP. 588.—An Act To amend an Act regulating the inspection of flour in the Listrict of Columbia, approved December twenty-first, eighteen hundred and ninety-eight. (1.

flour.

Penalty for sales

"And no barrel, half barrel, or sack of flour not examined and before inspection. branded by the inspector as aforesaid shall be sold within the District under fine of one dollar for each and every barrel, half barrel, or sack, to be collected as other fines and penalties are collected." [May 26, 1900.]

NOTE. (1) The amendment consists in the addition of the words "or sack," where appearing.

[blocks in formation]

CHAP. 589.—An Act To provide for officers in the customs district of Hawaii. (1)

Be it enacted, &c., That there shall be in the customs district of Hawaii one collector, who shall reside at Honolulu, and who shall receive a salary of four thousand dollars per annum, and such deputy collectors and other customs officers as the Secretary of the Treasury shall deem necessary. [May 26, 1900.]

NOTE. (1) For a review of legislation affecting the customs district of Hawaii, see 1901, March 3, ch. 858, post, p. 1806.

May 26, 1900.

31 Stat. L., 218.

Texas.

CHAP. 590.-An Act To detach the county of Concho from the western judicial district of Texas and attach the same to the northern judicial district of Texas, and for other purposes. (1)

Be it enacted, &c., That the county of Concho, in the State of Texas, Concho County is hereby detached from the western and attached to the northern ern judicial dis- judicial district of the State of Texas.

attached to north

trict.

R. S., § 548.

SEC. 2. That all offenses heretofore committed in said county of Concho of which the district court of said western judicial district has NOTE.-(1) See 1900, February 10, ch. 16, ante, p. 1116, fixing the terms of court for the northern judicial district, and note thereto for a reference to legislation affecting the judicial districts and courts of Texas.

-trial of offenses.

jurisdiction and upon which proceedings have been taken shall be tried and prosecuted in said western judicial district. Civil suits and pro-1-pending cases. ceedings now pending in the circuit or district courts in said State shall not be affected by this Act.

Return of pro

SEC. 3. That hereafter all process issued against defendants residing in said county of Concho shall be returned to San Angelo, Texas. cess. All offenses committed in said county in which proceedings have not been begun shall be prosecuted in said northern district.

SEC. 4. That all laws and parts of laws so far as in conflict herewith are hereby repealed. [May 26, 1900.]

Repeal.

CHAP. 591.-An Act To provide for the holding of a term of the circuit and district courts of the United States at Superior, Wisconsin. (1)

Be it enacted, &c., That a term of the circuit and district courts of the United States for the western district of Wisconsin shall be held annually at the city of Superior, beginning on the third Tuesday in June.

May 26, 1900.

31 Stat. L., 219. Wisconsin.

Term of court at Superior.

R. S., §§572, 658.

-appointment

SEC. 2. The clerk of the United States circuit and district courts at Madison, Wisconsin, shall be the clerk of the United States circuit of deputy clerk. and district courts, at Superior, Wisconsin, and he shall appoint a deputy clerk of said courts to reside at Superior, Wisconsin, with the usual powers of a deputy clerk in such cases, whose compensation shall compensation. be such proportion of the fees accruing from business done in the said courts at Superior as shall be fixed by the judge of said western district. SEC. 3. The Attorney-General is hereby authorized to rent such room or rooms in said city as may be necessary or convenient for rooms. holding the terms of said court by the provisions hereof authorized. [May 26, 1900.]

NOTE.—(1) By 1886, August 5, ch. 932 (1 Supp. R. S., 515), the times and places for holding courts in the western district of Wisconsin are fixed.

By 1892, March 31, ch. 28 (2 Supp. R. S., 5), which seems to supersede 1874, June 16, ch. 286 (1 Supp. R. S., 14), provision is made for the times and places of holding courts in the eastern district.

Rent of court

CHAP. 594.-An Act To detach certain counties from the United States judicial district of northern California and to annex such counties to the United States judicial district of southern California; to divide said southern district of California into two divisions and to provide for the holding of terms of court at the city of Fresno and city of Los Angeles. (1)

May 29, 1900.

31 Stat. L., 219.

cial district, cer

Be it enacted, &c., That all that portion of the State of California California. now comprised in the counties of Inyo, Mariposa, and Merced is hereby Southern judidetached from the United States judicial district of northern California, tain counties atknown as the northern district of California, and annexed to and made tached to. a part of the United States judicial district of southern California, known as the southern district of California.

SEC. 2. That the United States judicial district of southern California, known as the southern district of California, as enlarged and constituted by this Act, is hereby divided into two divisions, to be known as the northern and southern divisions, to wit,

R. S., § 531.

-divided into two divisions.

-northern di

that all that portion of said judicial district of southern California, known as the southern district of California, comprised of the counties vision. NOTE. (1) By 1876, February 18, ch. 11 (1 Supp. R. S., 98), provision was made for terms of the circuit court for the district of California.

By 1886, August 5, ch. 928 (1 Supp. R. S., 513), the State of California is divided into two judicial districts, and terms of the courts fixed.

By 1896, May 25, ch. 238 (2 Supp. R. S., 474), the time for holding terms of courts for the northern district is changed.

-southern

vision.

les.

di

Terms of court.

R. S., §§ 572, 658.

-at Fresno.

of Inyo, Mariposa, Tulare, Merced, Madera, Fresno, Kings, and Kern shall constitute and be known as the northern division of the southern district of California, and

that portion of said judicial district of southern California composed of the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura, being all the residue of said district not included in the northern division, shall constitute and be known as the southern division of the southern district of California.

SEC. 3. That after the thirtieth day of June, nineteen hundred, terms of the circuit and district courts of the United States for the said southern district of California shall be held in each of said divisions, at the places in said divisions, and at the times, to wit, in and for the northern division, at the city of Fresno, twice in each year, namely, on the first Monday in May, to be known as the May terms of said courts, and on the second Monday in November, to be known as the November -at Los Ange- terms of said courts; in and for the southern division, at the city of Los Angeles, twice in each year, namely, on the second Monday in January, to be known as the January terms of said courts, and on the second Monday in July, to be known as the July terms of said courts. SEC. 4. That all suits not of a local nature in said 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.

Where suits brought.

Return of civil process.

SEC. 5. That all civil process issued against persons resident in the northern division of said southern district of California, and cognizable before the United States courts, shall be made returnable to the courts, Trial of offenses. respectively, to be held at the city of Fresno; all prosecutions for offenses committed in said northern division shall be tried in the appropriate court of jurisdiction at said city of Fresno; that all civil process issued against persons resident in the southern division of the said southern district of California, and cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Los Angeles; and all prosecutions for offenses committed in said southern division shall be tried in the appropriate court of jurisdiction at said city of Los Angeles:

Process issued unaffected, etc.

Trial of offenses

Provided, That no process issued or prosecution commenced or suit instituted before the passage and approval of this Act shall be in any way affected by the provision thereof:

Provided further, That all offenses committed in that portion of the committed in northern district of California hereby detached therefrom and prior to counties detached. the passage of this Act shail be prosecuted, tried, and determined in the same manner and with the same effect to all intents and purposes as if this Act had not been passed:

Transfer of cases.

ess.

Jurors.

Service of proc

Removal of suits

Provided, however, That the judge of said circuit court and of such district court may, upon motion by either party to any suit now pending in said circuit or district court of the southern district of California, and commenced prior to the passage of this Act, transfer any such cause for hearing to the northern division of said southern district of California, to be tried at said city of Fresno, as though originally commenced in said northern division of said district.

SEC. 6. 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 provisions herein before contained, issued in either of said divisions, may be served and executed in either or both of the divisions.

SEC. 7. That in all cases of removal of suits from the courts of the from State courts. State of California to the courts of the United States in the southern district of California such removal shall be to the United States courts in the division in which the county is situated from which the removal

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