SEC. 2. That whenever a new State is admitted to the Union the -to new States. Representative or Representatives assigned to it shall be in addition to the number three hundred and fifty-six. SEC. 3. That in each State entitled under this apportionment the Election to be by number to which such State may be entitled in the Fifty-third and districts. each subsequent Congress shall be elected by districts composed of contiguous territory and containing as nearly as practicable an equal number of inhabitants. The said districts shall be equal to the number of the Representatives to which such State may be entitled in Congress, no one district electing more than one Representative. SEC. 4. That in case of an increase in the number of Representa- at large, of adtives which may be given to any State under this apportionment ditional Represuch additional Representative or Representatives shall be elected sentatives, &c. by the State at large, and the other Representatives by the districts. now prescribed by law until the legislature of such State in the manner herein prescribed shall redistrict such State, and if there be no increase in the number of Representatives from a State the Representatives thereof shall be elected from the districts now prescribed by law until such State be redistricted as herein prescribed by the legislature of said State. SEC. 5. That all acts and parts of acts inconsistent with this act are hereby repealed. [February 7, 1891.] Repeal. CHAP. 117.—An act to prohibit the sale of tobacco to minors under sixteen years of age in the February 7, 1891. District of Columbia. Be it enacted, &c., That hereafter no person in the District of Columbia shall sell, give, or furnish any cigar, cigarette, or tobacco in any of its forms to any minor under sixteen years of age; and for each and every violation of this section the offender shall, on conviction, be fined not less than two dollars nor more than ten dollars, or be imprisoned for not less than five days nor more than twenty days. [February 7, 1891.] 26 Stat. L., 736. CHAP. 122.-An act to amend sections twelve hundred and sixteen and twelve hundred and eighty-five of the Revised Statutes relative to certificates of merit to enlisted men of the Army. Be it enacted, &c., That section twelve hundred and sixteen, Revised Statutes, be, and is hereby, amended to read: February 9, 1891. 26 Stat. L., 737. Certificates of merit granted to enlisted men in the Army. R. S., § 1216. "SEC. 1216. That when any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment to which such enlisted man belongs, grant him a certificate of merit." SEC. 2. That section twelve hundred and eighty-five, Revised Stat--holder of, to utes, be, and is hereby, amended to read: have additional Substitute for "SEC. 1285. A certificate of merit granted to an enlisted man for pay distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous." [February 9, 1891.] CHAP. 127.-An act further to prevent counterfeiting or manufacture of dies, tools, or other implements used in counterfeiting, and providing penalties therefor, and providing for the issue of search warrants in certain cases. February 10, 1891. 26 Stat. L., 742. dies, &c., for coin Be it enacted, &c., That every person who, within the United States Counterfeiting or any Territory thereof, makes any die, hub, or mold, either of steel of United States. or plaster, or any other substance whatsoever in likeness or simili- made a felony. R. S., SS 5457- tude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper or other coins of the United States that have been or hereafter may be coined at the mints of the United States, 5462. 1877, Jan. 16, ch. 24, ante, p. 128. Assisting. Procuring. Having in possession. Permitting the use. Penalties. dies for, made a Or who willingly aids or assists in the making of any such die, hub, or mold, or any part thereof, Or who causes or procures to be made any such die, hub or mold, or any part thereof, without authority from the Secretary of the Treasury of the United States or other proper officer, Or who shall have in his possession any such die, hub, or mold with intent to fraudulently or unlawfully use the same, Or who shall permit the same to be used for or in aid of the counterfeiting of any of the coins of the United States herein before mentioned Shall, upon conviction thereof, be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than ten years, or both, at the discretion of the court. Foreign coins, SEC. 2. That every person who, within the United States or any counterfeiting Territory thereof, without lawful authority, makes, or willingly aids felony. or assists in making, or causes or procures to be made, any die, hub, 1884, May 16, or mold, either of steel or of plaster, or of any other substance whatch. 52, ante, p. 429. soever, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign Government, Having in possession. Permitting the use. Penalties. Or who conceals or shall have in possession any such die, hub, or mold herein before mentioned, with intent to fraudulently, or unlawfully use the same for counterfeiting any foreign coin, Or who knowingly suffers the same to be fraudulently used for the counterfeiting of any foreign coin Shall, upon conviction thereof, be punished by a fine of not more than two thousand dollars or imprisonment at hard labor not more than five years, or both, at the discretion of the court. Making, importSEC. 3. That every person who makes, or who causes or procures ing, or having in to be made, or who brings into the United States from any foreign possession tokens, prints, &c., similar country, to U.S. or foreign Or who shall have in possession with intent to sell, give away, or coins, punishable in any other manner use the same, by fine. R. S., 5461. 1884, May 16, ch. 52, ante, p. 429. Counterfeit ob terial for counter feited. Any business or professional card, notice, placard, token, device, print, or impression, or any other thing whatsoever, whether of metal or its compound or of any other substance whatsoever, in likeness or similitude, as to design, color, or the inscription thereon, of any of the coins of the United States or of any foreign Government, that have been or hereafter may be issued as money, either under the authority of the United States or under the authority of any foreign Government Shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars. SEC. 4. That all counterfeits of any of the obligations or other ligations, securi- securities of the United States or of any foreign Government, or ties, coins, or ma- counterfeits of any of the coins of the United States or of any feiting, to be for- foreign Government, and all material or apparatus fitted or intended to be used, or that shall have been used, in the making of any of such counterfeit obligations or other securities or coins herein before mentioned, that shall be found in the possession of any person without authority from the Secretary of the Treasury or other proper officer to have the same, shall be taken possession of by any authorized agent of the Treasury Department and forfeited to the United States, and disposed of in any manner the Secretary of the Treasury may direct. R. S., § 5413 1884. May 16, ch. 5415. 52, ante, p. 429. Issue of search SEC. 5. That the several judges of courts established under the warrants in cer- laws of the United States and the commissioners of such courts may, tain cases for sus or material for upon proper oath or affirmation, within their respective jurisdic- pected countertions, issue a search warrant authorizing any marshal of the United feit obligations, States, or any other person specially mentioned in such warrant, to securities, or coin, enter any house, store, building, boat, or other place named in such courterfeiting. warrant, in the daytime only, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States or of any foreign Government, or the manufacture or concealment of dies, hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any foreign Government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign Government or of any political division of any foreign Government, is being carried on or practiced, and there search for any such counterfeit money, coins, dies, hubs, molds, plates, and other things, and for any such obligations, and if any such be found, to seize and secure the same and to make return thereof to the proper authority; And all such counterfeit money, coins, dies, hubs, molds, plates, and other things and all such counterfeit obligations so seized shall be forfeited to the United States. [February 10, 1891.] Forfeiture. CHAP. 128.—An act to amend an act entitled "An act to regulate commerce," approved Feb- February 10,1891. ruary fourth, eighteen hundred and eighty-seven. Be it enacted, &c., That section twelve of an act entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, be, and it is hereby, amended so as to read as follows: "SEC. 12. That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; And the Commission is hereby authorized and required to execute and enforce the provisions of this act; And, upon the request of the Commission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States: 26 Stat. L.,743. Interstate Com merce Commission to inquire in to business of common carriers. Substitute for 1887, Feb. 4, ch. 104, § 12 (24 Stat. L., 383), ante, p. 531. ance and testimo And for the purposes of this act the Commission shall have power Commission may to require, by subpoena, the attendance and testimony of witnesses require attendand the production of all books, papers, tariffs, contracts, agree- ny of witnesses. ments, and documents relating to any matter under investigation. "Such attendance of witnesses, and the production of such doc- -from and to any umentary evidence, may be required from any place in the United point. States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission, or any if subpoena disparty to a proceeding before the Commission, may invoke the aid of obeyed, may inany court of the United States in requiring the attendance and tes- voke aid of court. Circuit courts to ness. timony of witnesses and the production of books, papers, and documents under the provisions of this section. And any of the circuit courts of the United States within the issue order to wit- jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; to punish contempt. Self-criminating And any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to crimitestimony not to nate the person giving such evidence shall not excuse such witness excuse giving evi- from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. dence. Testimony by deposition may be taken. before what officers. -notice in writing to be given. Witness may be The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to procompelled to give duce documentary evidence, in the same manner as witnesses may be deposition. compelled to appear and testify and produce documentary evidence before the Commission as herein before provided. Manner of taking depositions. Depositions in Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. If a witness whose testimony may be desired to be taken by foreign countries. deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with the Commission." Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. [February 10, 1891.] CHAP. 130.—An act to amend sections forty-seven hundred and eighty-three and fifty-four February 10, 1891. hundred and eighty-six of the Revised Statutes. Be it enacted, &c., That Sections forty-seven hundred and eightythree and fifty-four hundred and eighty-six of the Revised Statutes be, and the same are hereby, so amended as to read as follows: 66 26 Stat. L., 746. Embezzlement Substitute for R. S., SS 4783, 5486. 'Every guardian, conservator, curator, committee, tutor, or other person having charge and custody in a fiduciary capacity of the pen- by guardian, &c. sion of his ward, who shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, shall be punished by fine not exceeding two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court." [February 10, 1891.] CHAP. 131.-An act to provide for an additional associate Justice of the supreme court of Arizona. Be it enacted, &c., That hereafter the supreme court of the Territory of Arizona shall consist of a chief justice and three associate justices, any three of whom shall constitute a quorum; but no justice shall act as a member of the supreme court in any action or proceeding brought to such court by writ of error, bill of exception, or appeal from a decision, judgment, or decree rendered by him as judge of a district court, unless one of the other justices is disqualified to sit in such action. SEC. 2. That it shall be the duty of the President to appoint one additional associate justice of said supreme court in manner now provided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified. SEC. 3. That the said Territory shall be divided into four judicial districts, and a district court shall be held in each district by one of the justices of the supreme court thereof, at such time and place as is or may be prescribed by law. R. Each judge, after assignment, shall reside in the district to which he is assigned. Assignment of SEC. 4. That the present chief justice and his associates are hereby vested with power and authority, and they are hereby directed to justices, &c. divide said Territory into four judicial districts, and make such assignments of the judges provided for in the first section of this act as shall in their judgment be meet and proper: Provided, That said districts shall be subject to such changes as the Territorial Assembly of the said Territory may enact. SEC. 5. That the said district court shall have jurisdiction, and the same is hereby vested, to hear, try, and determine all matters and causes that the courts of the other districts of the Territory now possess; And for such purposes two terms of said court shall be held annually, at such places within said district as may be designated by the chief justice and his associates, or a majority of them; And grand and petit jurors shall be summoned thereon in the manner now required by law. SEC. 6. [Relates to past offenses.] [February 11, 1891.] Changes in districts. Jurisdiction. Terms. Jurors. CHAP. 238.—An act to transfer officers on the retired list of the Army from the limited list to February 16, 1891. the unlimited. 26 Stat. L., 763. Be it enacted, &c., That when officers who have been placed on the Army retired limited retired list as established by section seven, chapter two hun- list. dred and sixty-three, page one hundred and fifty, volume twenty, |