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For rent of office for surveyor-general, pay of messenger, stationery, printing, binding, drafting instruments, books of reference for office use, furniture, fuel, lights, laundry, and other incidental expenses, one thousand five hundred dollars.
Apr. 9, 1904. CHAP. 1135.-An Act For the relief of the Western Alaska [H. R. 13740.] Construction Company's Railroad.
[Public, No. 95.]
pt. 1, p. 165.
Time tended for com
Be it enacted by the Senate and House of Representa33 Stats. L., tives of the United States of America in Congress asWestern Al-sembled, That the time of the Western Alaska Construction Company. tion Company to comply with the provisions of sections ex four and five of chapter two hundred and ninety-nine of pleting rail-the laws of the United States entitled "An Act extending the homestead laws and providing for the right of way for railroads in the district of Alaska, and for other purposes," approved May fourteenth, eighteen hundred ́and ninety-eight, in acquiring and completing its railroad now under construction in Alaska, is hereby extended as follows:
First. The time to file the map and profile of definite location of its first section of at least twenty miles with the register of the land office in the district of Alaska, as provided in said sections four and five, is hereby extended to and including the thirty-first of December, nineteen hundred and four.
Second. The time to complete the first section of at least of first section. twenty miles of its railroad, as provided in said section. five, is hereby extended to and including within one year after the filing and approval of the definite location of said section of said railroad as in said chapter and by this Act it is provided; and such railroad company shall be entitled to all the benefits conferred upon it by the provisions of such Act upon its due compliance with all the provisions thereof, excepting only the provisions thereof relating to the filing of the map and profile of definite location of its first section of not less than twenty miles of its road within twelve months after filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, as prescribed in said sections four and five of said Act, and the provisions thereof relating to the completion of the said first section of its road within one year, as originally provided in section five of said Act: Provided, That such railroad company for filing map shall file with the proper register of the land office for the of first section. district of Alaska a map and profile of the first section of Time of con- its road of at least twenty miles on or before December thirty-first, nineteen hundred and four, and shall com
plete such section of its said road within one year after such definite location has been approved by the Secretary of the Interior, as provided in said section five of said Act.
CHAP. 1253.-An Act To authorize the Government of the United States to participate in celebrating the one hundredth anniversary of the exploration of the Oregon country by Captains Meriwether Lewis and William Clark in the years eighteen hundred and four, eighteen hundred and five, and eighteen hundred and six, and for other purposes.
(Alaska exhibit. See pp. 216, 217.)
CHAP. 1485.-An Act Making appropriation for the support of Apr. 23, 1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670.] dred and five, and for other purposes.
(Alaska Military Cable; Retired enlisted men, allow- pt. 1, p. 259. ance for service in Alaska; Increase pay for enlisted men serving in Alaska; Roads and military trails in Alaska. See pp. 51-57.)
Apr. 13, 1904. [S. 276.] [Public, No. 111.] 33 Stats. L., pt. 1, p. 175.
CHAP. 1486.-An Act Making appropriations for the Depart- Apr. 23, 1904. ment of Agriculture for the fiscal year ending June thirtieth, [H. R. 11825.]
nineteen hundred and five.
(Agricultural experiment stations in Alaska. See p. pt. 1, p. 276.
CHAP. 1622.-An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes.
Apr. 27, 1904. [Ĥ. R. 1220.]
(Repairs of barracks, Marine Corps, Sitka. See p. 61.) pt. 1, p. 324.
CHAP. 1629.-An Act To authorize the appointment of road Apr. 27, 1904. overseers and to create road districts in the district of Alaska, and [H. R. 13014.]
for other purposes.
of road over
Be it enacted by the Senate and House of Representa- pt. 1, p. 391. tives of the United States of America in Congress assembled, That it shall be the duty of the commissioner in Appointment each precinct in the district of Alaska, on the first Mon- seers, etc., auday in the month of April in each year, to appoint a road overseer for the precinct in which he resides, and create a road district in the inhabited part of said precinct, which said district shall not include incorporated cities and towns.
To fill all vacancies in the office of road overseer in his precinct.
To cause a record to be made defining the boundaries of Record of said road district.
Road over- TERM OF OFFICE AND QUALIFICATION OF ROAD OVERSEERS.
The duties of road overseer shall be such as may be prescribed by law.
Each road overseer shall keep an accurate account of all money received by virtue of his office and the manner in which the same has been disbursed, and to whom, and shall, on the last Saturday of March in each year, exhibit such account, together with his vouchers, to the commissioner for adjustment and settlement. Such account shall be in writing, verified by affidavit of the overseer that the same is in all respects a full and true account of all money received by him during the full term for which he should make settlement and the amounts expended and the manner in which they were expended.
If any person appointed to the office of road overseer, unless unable from disease or other infirmity to discharge the duties of such office, shall refuse or neglect to serve therein, he shall be liable to a fine of twenty-five dollars; but no person so appointed who shall have served for a term next preceding such appointment shall be liable to Notice of re- such fine for refusing to serve if he shall have given notice in writing of refusal to the commissioner within twenty days after having been notified of his appoint
All road overseers shall hold office for one year and until their successors are appointed and qualified.
Every person appointed to the office of road overseer of any road district shall reside in the road district to which he has been appointed, and shall, within thirty days after he shall have been notified of his appointment, take and subscribe to an oath of office obligating himself to the faithful performance of the duties of his office, and shall forthwith cause such oath to be filed in the office of the commissioner of his precinct, and in case any such road overseer shall become nonresident of his road district, his office shall at once become vacant.
Refusal to deliver funds, records, etc.
Each road overseer shall, before entering upon the duties of his office, execute a bond to the United States in a sum not less than double the amount of money which will probably come into his hands at any time during his term of office, with two or more sureties, the amount and sufficiency of the bond to be approved by the commissioner of the precinct, conditioned for the faithful discharge of the duties of his office, which bond shall be by him forthwith filed in the office of the commissioner and ex officio recorder. The approval of such bond shall be indorsed thereon by the commissioner.
DUTIES OF ROAD OVERSEER.
Every road overseer who shall, after the expiration of his term of office, neglect or refuse to deliver on demand to his successor in office, after such successor shall have
been duly qualified according to law, all moneys, records, books, papers, or other property appertaining to such office shall be liable to a fine of not less than fifty nor Penalty. more than five hundred dollars.
Road overseers of the different precincts are authorized, Two days and it is made their duty, to warn out all male persons etc., required of between eighteen and fifty years of age who have resided thirty days in the district of Alaska, who are capable of performing labor on roads or trails, and who are not a precinct charge, to perform two days' work of eight hours each in locating, constructing, or repairing public roads or trails, under the direction of the road overseer within whose precinct they may respectively reside, or furnish a substitute to do the same, or pay the sum of four dollars per day for two days' labor, and said road overseer shall receipt for the same and shall expend it in location, construction, or repairs on the public roads and trails within his precinct; and any moneys so received and not expended shall be paid over to his successor in office, who shall expend the same as above provided.
Payment in lieu of labor.
The overseer of roads and trails in each precinct shall give notice to persons residing in his precinct liable to or charged with a road or trail tax of the time and place and the kind of work expected to be performed on the road or trail, and may direct what implements such persons shall bring with which to perform such work.
work on ac
Whenever it shall happen, in consequence of sickness Failure to or absence from home, or any other cause, that the two count of sickdays' work aforesaid shall not be performed within the ness, etc. time specified in this Act, the overseer shall be authorized to require the performance of such work at any time prior to the first day of October then next ensuing; and in case any person shall neglect or refuse to do the two days' work, or furnish a substitute, or pay in money the price of two days' labor, as provided in this Act, he shall be deemed guilty of a misdemeanor and shall be fined in the sum of ten dollars for each day refusing so to work upon conviction before any justice of the peace of the precinct.
It shall be the duty of each road overseer to receipt to each person who performs labor on the public roads and trails of his precinct under the provisions of this Act for
If any person shall appear at the proper time and place Refusal to as directed by the overseer and neglect or refuse to do a reasonable day's work according to his ability, he shall be liable the same as if he had neglected or refused to appear, or furnish a substitute, or pay the sum of money as provided herein.
Tax paid by one day's work.
Under the direction of the overseer, and at his discretion, the above road tax may be performed by one day's condition. work, together with an able-bodied man, a two-horse team with wagon, or a dog team consisting of not less than five dogs and a sleigh, or a reindeer team of not less than two reindeer and sleigh or cart.
the amount of labor so performed, and no person shall be Double tax compelled to pay road tax except in one precinct in the prohibited. district of Alaska during one calendar year.
Failure of Overseers to
Each and every road overseer who shall neglect or reperform duties. fuse to perform the several duties enjoined upon him by this Act, or who shall, under any pretense whatsoever, give or sign a receipt or certificate for labor performed or money paid, unless the labor shall have been performed or money paid prior to the signing or giving of such receipts or certificates, shall forfeit for every such offense not less than five nor more than fifty dollars, to be recovered by an action before any justice of the peace within the precinct where such overseer may reside, and it is hereby made the duty of every United States attorney or assistProsecution. ant to prosecute all offenses against the provisions of this Act not otherwise provided for.
Per diem, overseers.
Each road overseer shall, on or before the first day of April in each year, report to the commissioner of the precinct the names of all persons subject to the two days' road tax for the preceding year, the names of those who have worked out said tax, the names of those who have paid the said tax in money, and the names of those delinquent, and also all moneys received by him from all sources, and how expended, and the account of said road overseer of the work performed by himself, which report shall be approved by said commissioner before any final settlement shall be made with such road overseer.
Oath, etc., to be free of cost.
Road overseers shall be allowed four dollars per day for all services required by this Act and actually performed in their respective precincts, to be retained out of money paid said road overseers from persons paying money or fines in lieu of two days' labor, upon the certified statement of the overseers, approved by the commissioner of the precinct: Provided, That no overseer shall receive pay for more than ten days in any one year, and not until he has made the return as provided in the preceding section, in duplicate, one copy to be retained by the commissioner and one copy filed with the clerk of the district court in the division in which the said precinct is situated.
Any oath required to be taken by said overseer, acknowledgment of bond, or the filing or recording of any paper or plat authorized by this Act shall be free of cost to said overseer.
Clerk of court to fur
Upon application of road overseers it shall be the duty nish blank of the clerk of the district court to furnish copies of this Act and blank forms of notices warning persons to perform road work, receipts for road work, bond, and oath, and for overseer's report to commissioner, the expense of which shall be paid out of the fund for paying the incidental expenses of the court,