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judicial district of Kentucky as hereby constituted would have had jurisdiction if said district and the court. thereof had been constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and the same shall be proceeded with in the eastern judicial district of Kentucky as hereby constituted, and jurisdiction thereof is bereby transferred to and vested in the courts of said eastern judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto; and all causes and proceedings of every name and nature, civil. western disand criminal, now pending in the courts of the judicial district of Kentucky as heretofore constituted whereof the courts of the western judicial district of Kentucky as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted shall be, and are hereby, transferred to and the same shall be proceeded with in the western judicial district of Kentucky as hereby constituted, and jurisdiction thereof is hereby transferred to and vested in the courts of said western judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto:
Provided, That all motions and causes submitted, and all causes and Causes considproceedings, both civil and criminal, including proceedings in bank- ered by present
judge to be reruptcy, now pending in said judicial district of Kentucky as hereto
tained. fore constituted in which the evidence has been taken in whole or in part before the present district judge of the judicial district of Kentucky as heretofore constituted, or taken in whole or in part and submitted and passed upon by the said district judge, shall be proceeded with and disposed of in said western judicial district of Kentucky as constituted by this Act.
SEC. 9. That the regular terms of the circuit and district courts of Terms of court, the United States for the western district of Kentucky shall be held at western district.
R.S.,88 572,658. the following times and places, namely: At Louisville, beginning on the second Monday in March and the second Monday in October in each year; at Owensboro, beginning on the fourth Monday in November and the first Monday in May in each year; at Paducah, beginning on the third Monday in April and the third Monday in November in each year; at Bowling Green, beginning on the third Monday in May and the second Monday in December in each year.
That the regular terms of the circuit and district courts of the United. eastern disStates for the eastern district of Kentucky shall be held at the following times and places, namely: At Frankfort, beginning on the second Monday in March and the fourth Monday in September in each year; at Covington, beginning on the first Monday in April and the third Monday in October in each year; at Richmond, beginning on the fourth Monday in April and the second Monday in November in each year; at London, beginning on the second Monday in May and the fourth Monday in November in each year, and at such other times and places as may hereafter be provided by law.
Sec. 10. That the terms of said courts shall not be limited to any -not limited to particular number of days nor shall it be necessary to adjourn by pa
of days, etc. reason of the intervention of a term elsewhere; but the court intervening may be adjourned until the business of the court in session is concluded.
Sec. 11. That nothing in this Act shall be construed to repeal sec- Monthly adtion five hundred and seventy-eight of the Revised Statutes or the Act 10 tof the Revised Statutes on the Ant journments for
trial of criminal of August eighth, eighteen hundred and eighty-eight, entitled “An Act C to provide for holding terms of the circuit and district courts of the R. S., & 578. United States for the district of Kentucky at Owensboro, in said dis- 1888, Aug. 8, ch. trict, and for other purposes.'
792 (1 Supp. R. S., 607).
Jurisdiction over SEC. 12. That all prosecutions for crimes or offenses hereafter comfuture crimes, etc. mitted in either of said districts shall be cognizable within the district
in which committed, -past crimes. and all prosecutions for crimes or offenses committed before the
passage of this Act in which indictments have not been found or proceedings instituted shall be cognizable within the district as hereby
constituted in which such crimes or offenses were committed. Repeal.
SEC. 13. That all laws and parts of laws, so far as inconsistent with
the provisions of this Act, are hereby repealed. Effect.
Sec. 14. That this Act shall take effect on the first day of July, nineteen hundred and one. [February 12, 1901.]
February 12, 1901. CHAP. 368.-An Act Making appropriations for the payment of invalid and other pensions
of the United States for the fiscal year ending June thirtieth, nineteen hundred and two, 31 Stat. L., 787.
and for other purposes.
Pensions. Be it enacted, &c., * * [Par. 1.] For fees and expenses of exam
ining surgeons, for services rendered within the fiscal year nineteen
hundred and two, seven hundred thousand dollars. Examining sur- And each member of each examining board shall, as now authorized geons to receive by law, receive the sum of two dollars for the examination of each $2.
i applicant whenever five or a less number shall be examined on any one -additional ap- day, and one dollar for the examination of each additional applicant plicants $1. on such day:
-if twenty ap- Provided, That if twenty or more applicants appear on one day, no plicants in one fewer than twenty shall, if practicable, be examined on said day, and day.
that if fewer examinations be then made, twenty or more having appeared, then there shall be paid for the first examinations made on the next examination day the fee of one dollar only until twenty exam
inations shall have been made: -no fee unless Provided further, That no fee shall be paid to any member of an present and assist- examining board unless personally present and assisting in the examiing
nation of applicant: Reports to state And provided further, That the report of such examining surgeons rating.
shall specifically state the rating which in their judgment the applicant is entitled to, (1)
and the report of such examining surgeons shall specifically and Physical condi- accurately set forth the physical condition of the applicant, each and tions.
every existing disability being fully and carefully described. The Special examin- reports of the special examiners of the Bureau of Pensions shall be open ers' reports to be to inspection and copy by the applicant or his attorney, under such rules open to inspection, and regulations as the Secretary of the Interior may prescribe. * * Agency.
[Par. 2.) (2) That the amount of clerk hire for each agency shall be Clerk hire pro
en apportioned as nearly as practicable in proportion to the number of sioners.
pensioners paid at each agency, -approval of and the salaries paid shall be subject to the approval of the Secresalaries.
tary of the Interior. * * [February 12, 1901.)
NOTES.—(1) So much of this provision as comes down to and includes the words “the rating which in their judgment the applicant is entitled to" occurs in prior appropriation acts. See note (1) to 1899, Feb. 4, ch. 89, par. 1 (2 Supp. R. S., 940). The remainder of the paragraph in the text is new legislation, appearing first in the appropriation act of the prior year, 1900, April 4, ch. 158 (31 Stat. L., 60).
(2) The same provision has occurred annually since 1891, as stated in note (2) to 1899, February 4, ch. 89, par. 2 (2 Supp. R. S., 940), occurring also in 1900, April 4, ch. 158 (31 Stat. L., 60).
CHAP. 372.–An Act Relating to rights of way through certain parks, reservations, and February 15, 1901. other public lands. (1)
31 Stat. L., 790. Be it enacted, &c., That the Secretary of the Interior be, and hereby Rights of way. is, authorized and empowered, under general regulations to be fixed ..-grant, of,
* through public by him, to permit the use of rights of way through the public lands, lands reservar forest and other reservations of the United States, and the Yosemite, tions, etc. Sequoia, and General Grant national parks, California, for electrical -purposes. plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to -width, etc. exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named:
Provided. That such permits shall be allowed within or through any Permits to be of said parks or any forest, military, Indian, or other reservation approved. only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest:
Provided further, That all permits given hereunder for telegraph for telegraphs, and telephone purposes shall be subject to the provision of title sixty- etc., governed by
regulations relative of the Revised Statutes of the United States, and amendments ti
oments tive to transmisthereto, regulating rights of way for telegraph companies over the sion of messages, public domain:
etc. And provided further. That any permission given by the Secretary - sum v-vui of the Interior under the provisions of this Act may be revoked by him
y un permit. or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park. (February 15, 1901.]
NOTE.-(1) By 1895, January 21, ch. 37 (2 Supp. R. S., 367), the Secretary of the Interior is empowered to permit the use of the right of way through public lands other than park, forest, military, or Indian reservations for tramroads, canals, or reservoirs, and in certain cases for mining or quarrying or cutting timber and manufacturing lumber.
By 1898, May 11, ch. 292 (2 Supp. R. S., 751), this right of way is extended for the purpose of furnishing water for domestic, public, and other beneficial uses.
By 1899, March 3, ch. 427, par. 5 (2 Supp. R. S., 1002), surveys and plats of any right of way across any forest, reservation, or reservoir site are to be approved by the Secretary of the Interior.
CHAP. 373.- An Act To extend the privileges provided by an Act entitled "An Act to February 15, 1901.
amend the statutes in relation to the immediate transportation of dutiable goods, and for other purposes," approved June tenth, eighteen hundred and eighty, as amended. (1) 31 Stat. L., 791.
Be it enacted, &c., That the privileges of immediate transportation Honolulu, as provided by an Act entitled “An Act to amend the statutes in rela- Hawaii. tion to the immediate transportation of dutiable goods, and for other grante purposes," approved June tenth, eighteen hundred and eighty, as tior
diate transportaamended by an Act entitled “An Act to amend an Act entitled 'An 1880, June 10, Act to amend the statutes in relation to the immediate transportation of ch. 190 (1 Supp. dutiable goods, and for other purposes,'” approved February twenty- R. So,
NOTE.--(1) For a review of legislation affecting the customs collection district of Hawaii, with ports of entry and delivery, see note to 1901, March 3, ch. 858, post, p. 1806.
1887, Feb. 23, third, eighteen hundred and eighty-seven, be, and the same are hereby,
1 Supp. extended to the port of Honolulu, Territory of Hawaii. [February R. S., 541).
February 18. 1901. CHAP. 377.-An Act Amending the Act providing for the appointment of a Mississippi
River Commission, and so forth, approved June twenty-eighth, eighteen hundred and 31 Stat. L., 792. seventy-nine.
Mississippi River Be it enacted, ctc., That an Act entitled "An Act to provide for the Commission. appointment of a Mississippi River Commission, for the improvement
1879, June 28,ch. of said river from the Head of the Passes near its mouth to its head 43 (1 Supp. R. S., 268).
Do, waters," approved June twenty-eighth, eighteen hundred and seventy
nine, be amended by adding thereto the following section: Location of head- “SEC. 8. That the headquarters and general offices of said commisquarters.
sion shall be located at some city or town on the Mississippi River, to Time and place de designated by me
place be designated by the Secretary of War, and the meetings of the comof meetings. mission except such as are held on Government boats during the time
of the semiannual inspection trips of the commission shall be held at
said headquarters and general offices, the times of said meetings to be -notice. fixed by the president of the commission, who shall cause due notice of
such meetings to be given members of the commission and the public." [February 18, 1901.]
February 18, 1901. CHAP. 379.–An Act To put in force in the Indian Territory certain provisions of the laws
- of Arkansas relating to corporations, and to make said provisions applicable to said 31 Stat. L., 794. Territory. (1)
Be it enacted, &c., That section five hundred and four and the suc
"ceeding sections down to and including section five hundred and nine, Laws of Arkan- section nine hundred and sixty, and the succeeding sections down to sas relating to cor- and including section one thousand and thirty-five, of the laws of porations made Arkansas, as published in eighteen hundred and eight-four in the applicable.
volume known as Mansfield's Digest of the Statutes of Arkansas be, and the same are hereby, extended over and put in force in the Indian
Territory, so far as they may be applicable and not in conflict with any law of Congress applicable to said Territory heretofore passed.
Sec. 2. That wherever in said sections the word "county" occurs Substitution of
there shall be substituted therefor the words “ judicial district," and where the words “county court” occur the words “United States courts” shall be substituted therefor; wherever the words "State" or “State of Arkansas” occur there shall be substituted therefor the words "Indian Territory;” wherever the words "secretary of state" occur there shall be substituted therefor the words “clerk of the
United States court of appeals for the Indian Territory," and said Fees of clerk of clerk shall be entitled to the same fees and compensation for his servcourt.
ices rendered under this Act that the secretary of state in Arkansas is entitled to receive for like services, and shall retain the same as compensation for his services under this Act; wherever the words “clerk of the county" occur there shall be substituted therefor the words “ clerk of the judicial district,” and said clerk shall be entitled to the same fees and compensation for his services rendered under this Act that county clerks are entitled to receive for like services, and shall retain the same as compensation for his services under this Act; wherever the words “general assembly” occur there shall be substituted therefor the words “Congress of the United States;" and where the words “vest in the State" occur in section one thousand and thirtyfive there shall be substituted therefor the words “vest in the United States":
NOTE.—(1) As a general rule the laws of Arkansas have been made applicable to the Indian Territory, as in the case of the laws relative to the incorporation of towns, see 1898, June 28, ch. 517, § 14 (2 Supp. R. S., 819), while numerous laws of a general character were made applicable by 1890, May 2, ch. 182, § 31 (1 Supp. R. S., 733).
Provided, That companies may be incorporated under the provisions of this Act to construct, own, and operate electric railroads, telephone and telegraph lines in the Indian Territory.
Incorporation of SEC. 3. That foreign incorporations may be authorized to do busi- electric railroads, ness in the Indian Territory, under such limitations and restrictions etc. as may be prescribed by law; and as to contracts made and business Foreign corpodone in the Indian Territory, they shall be subject to the same regulations, limitations, and liabilities, and shall exercise no other or greater powers, privileges, or franchises than may be exercised by like corporations organized under the provisions of sections one and two of
- powers. this Act.
SEC. 4. That before any foreign corporation shall begin to carry on business in the Indian Territory it shall, by its certificate, under the band of the president and seal of such company, filed in the office of -agent to be the clerk of the United States court of appeals for the Indian Territory, designated. designate an agent, who shall reside where the United States court of appeals for the Indian Territory is held, upon whom service of summons and other process may be made. Such certificate shall also state the principal place of business of such corporation in the Indian Territory. Service upon such agent shall be sufficient to give jurisdiction over --contents of such corporation to any of the United States courts for the Indian
irts for the Indian certificate to be
'filed. Territory. If any such agent shall be removed, resign, die, or remove from the Indian Territory, or otherwise become incapable of acting as such agent, it shall be the duty of such corporation to appoint immediately another agent in his place, as hereinbefore provided.
Sec. 5. That if any foreign corporation shall fail to comply with the provisions of the foregoing sections, all its contracts with citizens and residents of the Indian Territory shall be void as to the corpora- - contracts void tion, and no United States court in the Indian Territory shall enforce for failure to comthe same in favor of the corporation,
ply with require
ments. SEC. 6. That corporations doing business in the Indian Territory at the time of the passage of this Act are given ninety days in which to comply with section four in order to avoid the penalty of section five. Limit of time to SEC. 7. That the clerk of the United States court of appeals for the
Curt of anneals for the designate agents
&c. Indian Territory shall charge and receive for services imposed upon him by the provisions of this Act the same fees allowed officers of the Fees. State of Arkansas for like services under the laws of that State.
SEC. 8. That any bank or trust company now or hereafter organized under the laws of Arkansas or any other State may transact such business in the Indian Territory as is authorized by its charter, and Bank or trust that is not inconsistent with the laws in force in the Indian Territory, companies may
'transact business, and may loan money and contract for the payment of the same at a rate of interest not to exceed the sum of eight per centum per annum, and a like rate for a period less than a year:
Provided, That the lawful interest in said Territory shall be six per centum when no rate of interest is agreed upon, but in no case shall the interest exceed eight per centum per annum.
Legal interest. Sec. 9. (2) That the United States courts in the Indian Territory shall have and exercise, in reference to all corporations created under this Act, the same powers and jurisdiction as may be exercised in the U. S. courts to State of Arkansas by the courts of that State over corporations created have jurisdiction therein under the provisions of any law in force in that State relating
18979. to corporations. [February 18, 1901.]
3, par. 6 (2 Supp. NOTE.—(2) For the United States courts in Indian Territory and their jurisdiction, R. see 1897, June 7, ch. 3, par. 6 (2 Supp. R. S., 631), and note (5) thereto.