-report. Philippine na tives, enlistment of. etc. Provided, That the Secretary of War shall report to Congress the result of such examination and surveys, and no contract for said sites shall be made nor any obligation incurred until Congress shall approve such selections and appropriate the money therefor. SEC. 36. That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, -companies, or as troops or companies, as authorized by this Act, for the Regular Army. The President is further authorized, in his discretion, to form companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and infantry arms. -number of The total number of enlisted men in said native organizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand. men. Officers in com -pay. -selection. The majors to command the squadrons and battalions shall be mand of Philip- selected by the President from captains of the line of the Regular pines. Army, and while so serving they shall have the rank, pay, and allowances of the grade of major. The captains of the troops or companies shall be selected by the President from first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned. The squadron and battalion staff officers, and first and second lieutenants of companies, may be selected from the noncommissioned officers or enlisted men of the Regular Army of not less than two years' service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eight-provisional een hundred and ninety-eight, and officers of those grades shall be appointments. given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent term unless the officer's conduct shall have been satisfactory in every respect. The pay and allowances of provisional officers of native organizations shall be those authorized for officers of like grades in the Regular Enlisted men, Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. -pay, etc. pay, etc. Native officers authorized. Regiment of Porto Rican natives authorized. -pay, etc. -officers. When, in the opinion of the President, natives of the Philippine Islands shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of corresponding grades of the Regular Army. SEC. 37. That the President is authorized to organize and maintain one provisional regiment of not exceeding three battalions of infantry, for service in Porto Rico, the enlisted strength thereof to be composed of natives of that island as far as practicable. The regiment shall be organized as to numbers as authorized for infantry regiments of the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, -appointments. have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service expire by law July first, nineteen hundred and one. Enlistments for the Porto Rico regiment shall be made for -term of enlistperiods of three years, unless sooner discharged. The regiment shall ment. be continued in service until further directed by Congress. SEC. 38. (1) The sale of or dealing in, beer, wine or any intoxicating Sale of intoxiliquors by any person in any post exchange or canteen or army trans- cants at post export or upon any premises used for military purposes by the United Changes, etc., forStates, is hereby prohibited. The Secretary of War is hereby directed 1899, March 2, to carry the provisions of this section into full force and effect. bidden. ch. 352, § 17 (2 SEC. 39. That nothing in this Act shall be held or construed so as to Supp. R. S., 965). discharge any officer from the Regular Army or to deprive him of the lar Army appointcommission which he now holds therein. SEC. 40. That the President be, and he is hereby, authorized to prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components whenever, in his opinion, economy and a due regard to the health and comfort of the troops may so require. SEC. 41. (2) That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States 66 ments not affected. Army ration. Badges for service in Spanish war during the Spanish-American war and the incident insurrection in the may be worn, etc. Philippines" may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. SEC. 42. That all laws and parts of laws inconsistent with the pro- Repeal. visions of this Act be, and the same are hereby, repealed. [February 1890, June 13, ch. 423, par. 3 (1 Supp., R. S. 757), prohibited the sale of alcoholic liquors, beer or wine in any state or territory in which the sales of such liquors, etc., was prohibited by law. As to the jurisdiction of state courts in such cases see 173 U. S. 276. 1899, March 2, ch. 352, § 17 (2 Supp., R. S. 965), prohibited such sale by any officer, private soldier, etc. See 22 Opinions Attorneys General, 426, for the construction of that act. (2) By 1890, September 25, Joint Res. No. 50 (1 Supp. R. S., 884), the right to wear military badges by officers and enlisted men in the Army and Navy was extended to men who served in certain wars. See also R. S., § 1227. CHAP. 195.-An Act To amend section thirty-two hundred and fifty-five of the Revised Be it enacted, &c., That section thirty-two hundred and fifty-five of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: February 4,1901. 31 Stat. L., 759. Distilled spirits. Substitute for R. S., § 3255. Distillers of fruit tions, etc. "SEC. 3255. The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may exempt distillers of brandy entitled to brandy made exclusively from apples, peaches, grapes, pears, pine- certain exempapples, oranges, apricots, berries, prunes, figs, or cherries from any 1877, March 3, provision of this title relating to the manufacture of spirits, except ch. 114; 1888, Oct. as to the tax thereon, when in his judgment it may seem expedient to 18, ch. 1194 (1 do so." [February 4, 1901.] Supp. R. S. 139, 632). NOTE. (1) This act is an amendment of 1896, June 3, ch. 309 (2 Supp. R. S., 491) which was a substitute for R. S., § 3255, and places distillers of brandy from figs or cherries upon the same footing as distillers of other brandy. February 6, 1901. 31 Stat. L., 760. Indians. CHAP. 217.-An Act Amending the Act of August fifteenth, eighteen hundred and ninetyfour, entitled "An Act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaties and stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-five," and for other purposes. Be it enacted, &c., That that portion of the Act of August fifteenth, 1894, Aug. 15,ch. eighteen hundred and ninety-four, found on page three hundred and 290, par. 5 (2 Supp. five of Twenty-eighth Statutes at Large, be amended so as to read as R. S., 246). follows: Claimants of al- "That all persons who are in whole or in part of Indian blood or lotment may sue in descent who are entitled to an allotment of land under any law of Concircuit courts, etc. 1893, March 3, gress, or who claim to be so entitled to land under any allotment Act ch. 209, par. 7 (2 or under any grant made by Congress, or who claim to have been Supp. R. S., 125). unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper circuit court of the United States; -jurisdiction. -judgment. -lands held by and said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of Five Civilized the Five Civilized Tribes, nor to any of the lands within the Quapaw Tribes, etc. —appeal. Service of petition. 1887, March 3, ch. 559,6 Supp. R. S., 560). District attorney ernment. Indian Agency: "Provided, That the right of appeal shall be allowed to either party as in other cases. "SEC. 2. That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of to represent Gov- petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, setoff, claim for damages, or other demand or defense whatsoever of the Government in the premises: -failure to plead. Claim to be es "Provided, That should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, tablished by proof. or any part thereof, unless he shall establish the same by proof satis factory to the court." [February 6, 1901.] CHAP. 351.—An Act To extend the privileges of the seventh section of the immediate February 11, 1901. transportation Act to Saginaw, Michigan. (1) 31 Stat. L., 766. Be it enacted, &c., That the privileges of the seventh section of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable merchandise without appraise- mediate transporment be, and they are hereby, extended to Saginaw, Michigan.“ [February 11, 1901.] NOTE.-(1) See 1892, April 13, ch. 44 (2 Supp. R. S., 9) granting immediate transportation privileges to Marquette, and notes thereto. Saginaw, Mich. -granted imtation privileges. 1880, June 10, ch. 190,§ 7 (1 Supp. R. S., 294). CHAP. 352.—An Act To authorize advances from the Treasury of the United States for February 11, 1901. the support of the government of the District of Columbia. 31 Stat. L., 766. Dist. Columbia. general expenses. Be it enacted, &c., That until and including June thirtieth, nineteen hundred and two, the Secretary of the Treasury is authorized and directed to advance on the requisition of the Commissioners of the Advances to meet District of Columbia, made in the manner now prescribed by law, out of any moneys in the Treasury of the United States not otherwise appropriated, such sums as may be necessary from time to time to meet the general expenses of said District, as provided by Congress, and to reimburse the Treasury for the portion of said advances payable by the District of Columbia out of the taxes and revenues collected for the ment of Treasury. support of the government thereof: Provided, That nothing contained herein, nor in the Act of June sixth, nineteen hundred, entitled "An Act to regulate the collection of taxes in the District of Columbia," shall be so construed as to require the United States to bear any part of the cost of street extensions, and all advances heretofore or hereafter made for this purpose by the Secretary of the Treasury shall be repaid in full from the revenues of the District of Columbia: reimburse United States not to bear cost of 1900, June 6, ch. 808, ante, p. 1448. street extension. Method of reim Provided, That all advances made under this Act and under the said Act of June sixth, nineteen hundred, not reimbursed to the Treasury bursing advances. of the United States on or before June thirtieth, nineteen hundred and two, shall be reimbursed to the Treasury of the United States out of the revenues of the District of Columbia beginning July first, nineteen hundred and two, in four equal annual installments with interest at the rate of two per centum per annum, except in cases where the terms of the appropriation under which such advances are made shall expressly provide for payment jointly by the United States and the District of Columbia. [February 11, 1901.] - installments. CHAP. 355.—An Act To divide Kentucky into two judicial districts. (1) Be it enacted, cc., That section five hundred and thirty-one of the Revised Statutes is hereby amended by striking therefrom the word "Kentucky." SEC. 2. That the State of Kentucky is divided into two judicial districts, which shall be called the eastern and western judicial districts of the State of Kentucky. The eastern district includes the counties of Carroll, Trimble, Henry, Shelby, Anderson, Mercer, Boyle, Gallatin, Boone, Kenton, Campbell, Pendleton, Grant, Owen, Franklin, Bourbon, Scott, Woodford, FayNOTE.-(1) By 1879, July 1, ch. 59 (1 Supp. R. S., 271), the terms of court were fixed for the district of Kentucky. By 1888, August 8, ch. 792 (1 Supp. R. S., 607), the Owensboro division of the judicial district was created, and terms of court were provided for Owensboro. February 12, 1901. 31 Stat. L., 781. Divided into two judicial districts. Eastern district. Western district. -existing district judge to act. -clerks. -district attor ette, Jessamine, Garrard, Madison, Lincoln, Rockcastle, Pulaski, Wayne, Whitley, Bell, Knox, Harlan, Laurel, Clay, Leslie, Letcher, Perry, Owsley, Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magoffin, Martin, Johnson, Lawrence, Boyd, Greenup, Carter, Elliott, Morgan, Wolfe, Powell, Menifee, Clark, Montgomery, Bath, Rowan, Lewis, Fleming, Mason, Bracken, Robertson, Nicholas, Harrison, with the waters thereof. The western district includes the residue of said State of Kentucky, with the waters thereof. SEC. 3. That the district judge of the judicial district of Kentucky as heretofore constituted, and in office at the time this Act takes effect, shall be the district judge for the western judicial district of Kentucky as constituted by this Act. That the clerk of the circuit court and the clerk of the district court in said judicial district of Kentucky as heretofore constituted, and in office at the time this Act takes effect, shall be the clerks of the circuit and district courts of the western judicial district of Kentucky, respectively, as hereby constituted, until their successors, respectively, shall be appointed and qualified. The district attorney, assistant district attorneys, marshal, deputy ney, marshal, etc. marshals, deputy clerks, and referees in bankruptcy resident in said western judicial district of Kentucky as constituted by this Act shall, within their respective jurisdictions in said western judicial district, continue in office and continue to be such officers in such western district until the expiration of their respective terms of office as heretofore fixed by law, or until their successors shall be duly appointed and qualified. Eastern district. SEC. 4. That the President of the United States, by and with the -judge to be advice and consent of the Senate, shall appoint a district judge for the appointed. eastern judicial district of Kentucky, who shall possess and exercise all the powers conferred by existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said eastern judicial district as hereby constituted or transferred thereto, succeed to and possess the same powers and perform the same duties within the said eastern judicial district as are now possessed by and performed by the district judge for the district of Kentucky. -district attor SEC. 5. That the President of the United States, by and with the ney and marshal. advice and consent of the Senate, shall appoint a marshal and district attorney for the said eastern judicial district of Kentucky as hereby constituted, who shall, within their respective jurisdictions, possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, respectively. --other officers SEC. 6. That all other officers residing within the eastern judicial residing in district district of the State of Kentucky, as hereby constituted, shall cease to to cease, etc. be such officers when their successors are appointed and qualified. etc. Method of ap SEC. 7. That the office of marshal and district attorney in each of pointing officers, said districts, deputy marshals and assistant district attorneys, and all other officers authorized by law and made necessary by the creation of said two districts and the provisions of this Act, and all vacancies created thereby in either of said districts as constituted by this Act, Salaries un- shall be filled in the manner provided by existing law. The salaries, changed. pay, fees, and allowances of the judges, district attorneys, marshals, clerks, and other officers in said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of Kentucky as heretofore constituted. Pending causes SEC. 8. That all causes and proceedings of every name and nature, transferred to east- civil and criminal, now pending in the courts of the judicial district of Kentucky as heretofore constituted whereof the courts of the eastern ern district. |