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Apr. 28, 1904. [S. 2814.]
[Public, No. 204.]
33 Stats. L., pt. 1, p. 525.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemCoal-land en bled, That any person or association of persons qualified to make entry under the coal-land laws of the United States, who shall have opened or improved a coal mine or coal mines on any of the unsurveyed public lands of of the United States in the district of Alaska, may locate developed min- the lands upon which such mine or mines are situated, in
rectangular tracts containing forty, eighty, or one hundred and sixty acres, with north and south boundary lines run according to the true meridian, by marking the four corners thereof with permanent monuments, so that Boundaries. the boundaries thereof may be readily and easily traced. Filing no- And all such locators shall, within one year from the passage of this Act, or within one year from making such location, file for record in the recording district, and with the register and receiver of the land district in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily identify the same.
SEC. 2. That such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time Application within three years from the date of such notice, to the within three register and receiver of the land district in which the
CHAP 1772.-An Act To amend an Act entitled "An Act to extend the coal-land laws to the district of Alaska," approved June sixth, nineteen hundred.
lands so located are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved Price perby the surveyor-general for the district of Alaska, and a payment of the sum of ten dollars per acre for the lands applied for; but no such application shall be allowed until after the applicant has caused a notice of the presenNotice to be tation thereof, embracing a description of the lands, to have been published in a newspaper in the district of Alaska published nearest the location of the premises for a period of sixty days, and shall have caused copies of Notices to be such notice, together with a certified copy of the official plat or survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws: Provided, That nothing Shores of herein contained shall be so construed as to authorize ennavigable ters.
tries to be made or title to be acquired to the shore of any navigable waters within said district.
SEC. 3. That during such period of posting and publiclaims. cation, or within six months thereafter, any person or
association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where such application is pending, under oath, an adverse claim, setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the district of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein.
SEC. 4. That all the provisions of the coal-land laws of the United States not in conflict with the provisions of this Act shall continue and be in full force in the district of Alaska.
CHAP. 1773.-An Act Supplemental to and amendatory of an Act entitled "An Act making further provision for a civil government for Alaska, and for other purposes," approved June sixth, nineteen hundred.
Continuance of existing laws.
Apr. 28, 1904.
Care and custody of the
Be it enacted by the Senate and House of Representa- pt. 1, p.526. tives of the United States of America in Congress assembled, That the Secretary of the Interior shall, in the month of November, nineteen hundred and four, and insane. from time to time thereafter, as in his judgment may be deemed advisable, advertise for and receive bids for the care and custody of persons legally adjudged insane in the district of Alaska, and thereafter, in behalf of the United States, shall contract, for one or more years, as he may deem best, with a responsible asylum or sanitarium west of the main range of the Rocky Mountains submitting the lowest and best responsible bid for the care and custody of persons legally adjudged insane in said district of Alaska, the cost of advertising for bids, executing the contract, and caring for the insane to be paid, until otherwise provided by law, by the Secretary of the Treasury, out of any money in the Treasury not otherwise appropriated, on accounts and vouchers duly approved etc. by the Secretary of the Interior, and all Acts and parts of Acts in conflict with these provisions are hereby repealed.
Contracts to lowest bidder.
Payment of expenses.
CHAP. 1778.-An Act To amend and codify the laws relating Apr. 28, 1904. to municipal corporations in the district of Alaska.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- pt. 1. p. 529. bled, That any community in the district of Alaska hav- tion of towns ing three hundred or more permanent inhabitants may in. incorporate as a municipal corporation termed a town in the manner hereinafter provided. A petition praying for Petition. such incorporation shall first be presented to the judge of
the United States district court presiding over the court in the judicial division in which the community seeking incorporation is located, which petition shall be signed by at least sixty male adults, bona fide residents of such community, and shall specify the boundaries and the number of inhabitants of the proposed corporation, and shall also specify the name by which it is to be known, and such other facts as may tend to show good grounds for such inOrder of the corporation. The judge shall thereupon, by an order, fix
the time and place for considering said petition, which time shall not be less than thirty days after the date of such order. A printed or typewritten copy of said order shall be posted in three of the most public places within the limits of the territory proposed to be incorporated at least thirty days prior to the time fixed for considering said petition. At the time and place fixed for considering said petition the judge shall give a reasonable hearing to those who are in favor of and to those who are opposed to the same; and if he is satisfied that it is for the best interest and welfare of the community to be incorporated as a town he shall, by an order, so adjudge; and he may, by the order, change or modify the proposed boundaries. He shall also, by said order, designate the name and the boundaries of the corporation, and the time and place when and where an election shall be held to determine whether the people of the community desire to be incorporated; and he shall also, by said order, appoint three Notice of qualified voters to act as judges of such election. A printed or typewritten copy of said order shall be posted at three of the most public places within the limit of the proposed corporation at least thirty days prior to the day of election, and such posting shall be deemed a sufficient notice of such election.
SEC. 2. That every male person twenty-one years of age who is a citizen of the United States or has declared his intention to become such, and who has resided continuously one year next preceding the election in the district of Alaska, and six months next preceding the election within the limits of the proposed corporation, shall be qualified to vote at said or any subsequent municipal election. Said election shall be by printed or written ballot in the following form, to wit:
"FOR INCORPORATION OF THE TOWN OF
(name of proposed corporation),"
"AGAINST INCORPORATION OF THE TOWN OF
Judges of The qualified electors of the community proposed to be incorporated may also at said election by a separate ballot
choose a common council of seven members who shall be
qualified electors of the community. The said judges of election shall before entering upon the duties of their office take an oath in writing to faithfully and impartially discharge the duties of their trust, and they shall duly canvass and compile the vote cast and issue under their hands and seals a certificate in triplicate showing votes cast to the number of votes cast in favor of incorporation and the be in triplicate. number of votes cast against incorporation. One of said triplicate certificates, together with all the ballots cast and the oaths of the judges of elections, shall immediately be filed with the clerk of the district court in the division in which the community proposed to be incorporated is situate, another of said certificates shall be filed with the secretary of the district of Alaska, and the third of said certificates shall be filed with the commissioner of the precinct in which said community is located. If it shall appear from the said triplicate certificate of election filed suit of elec with the clerk of the district court as aforesaid that two- tion. thirds or more of the votes cast at said election were in favor of incorporation and that the provisions of law relating to incorporation have been substantially complied with then the district judge shall, by an order in writing entered in the records of the court, duly adjudge and declare that the community in which such election has been held is, and shall be deemed to be, a municipal corporation under the name of "The town of (here insert name) in the district of Alaska," and the same shall from thenceforth be deemed a municipal corporation possessed of the powers and privileges hereinafter prescribed, and such other powers as may be given by law.
SEC. 3. That the said judges of election shall also canvass the votes given at said election for members of the common council, and shall declare the seven candidates who have received the greatest number of votes for such office duly elected and shall issue and deliver to them certificates of their election. In case the community in which said election has been held becomes incorporated as aforesaid, the members of the common council chosen as aforesaid, as well as the members of such council chosen at subsequent elections, shall, before entering upon the duties of their office, severally take an oath in writing Oath. to honestly and faithfully discharge the duties of their trust, which oaths shall be filed with the clerk of the town. An annual election shall be held each and every year, on the first Tuesday of April, in every incorporated town in the district of Alaska for the election of members of the common council. The members of the council chosen at the first election shall hold their office until the next annual election and until their successors are elected and qualified, and the members of the council chosen at subsequent elections shall hold their office for the term of one year and until their successors are elected and qualified.
Canvass of votes.
Terms of councilmen.
Powers of SEC. 4. That the said common council shall have and exercise the following powers:
First. To adopt rules and by-laws for their proceedings, and to elect one of their number president of the council, who shall also be ex officio mayor of the town and who when chosen shall continue to hold the position of president and ex officio mayor during the term for which the council was elected, and who shall take care that the ordinances and resolves of the council be faithfully executed.
Municipal, etc., elections.
Trails and wagon roads.
Fire protection, water supply, etc.
Second. To appoint a clerk, a treasurer, an assessor, a municipal magistrate, a municipal attorney, a chief of police, and such other officials or employees as may be necessary, but none of such officers or employees shall be appointed for a longer term than one year.
Third. To make suitable provision for municipal and other elections, and to appoint three judges and two clerks of election for each polling place in the town.
Fourth. To provide for the location, construction, and maintenance of the necessary streets, alleys, crossings, sidewalks, sewers, and wharves. If such street, alley, sidewalk, or sewer, or parts thereof, is located and constructed upon the petition of the owners of two-thirds in value of the property abutting upon and affected by such improvement, then two-thirds of the cost of the same may, in the discretion of the council, be collected by the assessment and levy of a tax against the abutting property, and such tax shall be a lien upon the same and may be collected as other real estate taxes are collected.
Fifth. To provide for the location and construction, for a limited distance and to a limited extent, of trails and wagon roads outside of the limits of the town, but leading to and from the same, where such roads and trails are necessary for promoting the welfare and prosperity of the town, but no money shall be expended for such purpose except upon the unanimous vote of the entire council unless the qualified voters of the town have at an annual election by ballot, by a two-thirds vote, voted in favor of such expenditure.
Sixth. To provide for fire protection, water supply, lights, wharfage, public health, and police protection, and the relief of the destitute and indigent.
Seventh. To assess, levy, and collect a poll tax of not less than two dollars nor more than four dollars per year on all male residents over twenty-one and under fifty years of age who are not active members, serving without pay, of a volunteer fire company in the town. Such tax shall be a lien upon and may be collected from any real or personal property of the person against whom the tax is levied except wearing apparel and household furniture less than three hundred dollars in value.
Eighth. To levy a tax of not more than two dollars per year upon each dog against the person who keeps the same, and to provide for the impounding or killing of