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CHAPTER 337.

AN ACT FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, AND FOR OTHER

PURPOSES.

June 20, 1874. 18 Stat. L., 116.

SECTION
1. Executive, secretary, legislativo assembly,

board of public works, and delegate of Dís.

trict of Columbia abolished. 2. District Commissioners to be appointed; pow.

ers and duties of.
- how to apply revenuo..
- to havo possession of offices, records, &c., of

District government.
- not to make certain contracts.
Taxes to be collected, but not hypothecated.
Commissioners may abolish or consolidato

offices, make appointments, and shall re

duce salaries. - to take oath and give bond. - salary of Pending suits.

Service of process against District. 3. Engineer of Army to be detailed to have caro

of work on streets, &c. – to keep certain books, records, &c. - may appoint assistant engineers. - not to receive additional salary.

SECTION

- not deemed to hold civil office.
Compensation of surveyor, &c.

Assistant surveyor's office abolished.
4. Penalty for non-payınent of taxes when due.
Collection of taxes in arrear, and proceed.

ings for sale of property taxed.
7. Bonds with interest at 3.65 per cent. per an-

num to be issued by sinking-fund commis.
sioners.
- cxempt from taxation.

faith of United States pledged for.
to be numbered and registered.
- prevention of fraudulent issue of.

may be changed for other indebtedness.
8. Certain authority of board of public works

repealed, and no more certificates to be

issued.
9. Commissioners, of which governor was a

mernber, continned.
10. Act of District legislature authorizing issuo

of certain bonus approved.

revenues.

Be it enacted, &c.

Executive, legis[SECTION 1], That all provisions of law providing for an executive, board of public

assembly, for a secretary for the District, for a legislative assembly, for a board of works, &c., of Dis

, public works, and for a delegate in Congress in the District of Colum- trict of Columbia bia are hereby repealed: Provided, That this repeal shall not affect the abolished. term of office of the present Delegate in Congress.(1)

R. S., vol. 2 Dist.

Col., 00 2-71,74–84. SEC. 2. That the President of the United States, by and with the ad- District Comvice and consent of the Senate, is hereby authorized to appoint a com- missioners, to be

appointed; powers mission, consisting of three persons, who shall, until otherwise provided of, &c. by law, exercise all the power and authority now lawfully vested in the 1878, March 3, governor or board of public works of said District, except as herein- ch. 186. after limited; and shall be subject to all the restrictions and limitations now imposed by law on said governor or board;

And shall have power to apply the taxes or other revenues of said – how to apply District to the payment of the current expenses thereof, to the support of the public schools, the fire department, and the police, and to the ch. 113.

1875, March 1, payment of the debts of said District secured by a pledge of the securi- 1878, March 3, iies of said District or board of public works as collateral, and also to ch. 180, \ 3. the payment of debts due to laborers and employees of the District and board of public works;

And for that purpose shall take possession and supervision of all the -- to have posses. offices, books, papers, records, moneys, credits, securities, assets, and sion, &c., of offices, accounts belonging or appertaining to the business or interests of the records of District

government. government of the District of Colambia and the board of public works, and exercise the power and authority aforesaid;

But said commission, in the exercise of such power or authority, shall not to make cermake no contract, nor incur any obligation other than such contracts tain contracts. and obligations as may be necessary to the faithful administration of the valid laws enacted for the government of said District, to the execution of existing legal obligations and contracts, and to the protection or preservation of improvements existing, or commenced and not completed, at the time of the passage of this act.

All taxes heretofore lawfully assessed and due or to become due shall Taxes to be colbe collected pursuant to law, except as herein otherwise provided; but lected but not hy, said commissioners shall have no power to anticipate taxes by a sale pothecated,

1878, June 11, or hypothecation of any such taxes, or evidence thereof: Provided, That ch. 180, $ 3. nothing in this clause contained shall affect any provisions of law au- 1879, June 21,

ch. 33. (1) The laws of Congress relating to the District of Columbia were revised and included in the first part of the second volume of the Revised Statutes, with post-roads and treatios, but that does not conlain the laws of the legislativo assembly of the District, which was created by the act of 1871, ch. 62 (16 Stat. L., 419), and abolished by this act.

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thorizing or requiring a deposit of certificates of assessment with the

sinking-fund commissioners of said District; Commissioners And said commissioners are hereby authorized to abolish any office, ma y abolish

or to consolidate two or more offices, reduce the number of employees, consolidate offices, remove from office, and make appointments to any office authorized by make appointments, &c.

law; and the compensation of all officers and employees, except teachers 1878, June 11, in the public schools, and officers and employees in the fire department, ch. 180, 3. shall be reduced twenty per centum per annum. 1881, Jan. 25,

Said commissioners shall each, before entering upon the discharge of ch. 27.

to take oath and his duties, take an oath to support the Constitution of the United give bond.

States and to faithfully discharge the duties imposed upon him by law; and shall each give bond in the penal sum of fifty thousand dollars, to be approved by the Secretary of the Treasury, for the faithful dis

charge of the duties of his office; and shall each receive for his services - salary of.

a compensation at the rate of five thousand dollars per annum: Pending suits. Provided, That nothing in this act shall be construed to abate or in

any wise interfere with any suit pending in favor of or against the Dis

trict of Columbia ; Service of pro

And provided further, That in suits hereafter commenced against the cess against Dis. District of Columbia, process may be served on any one of said comtrict.

missioners, until otherwise provided by law. Engineer of

SEO. 3. That the President of the United States shall detail an offiArmy to be de- cer of the Engineer Corps of the Army of the United States, who shall, tailed to have care subject to the general supervision and direction of the said board of of work on streets, commissioners, have the control and charge of the work of repair and &c 1878, June 11, improvement of all streets, avenues, alleys, sewers, roads, and bridges ch. 180.

of the District of Columbia; and he is hereby vested with all the power and authority of, and shall perform the duties heretofore devolved upon,

the chief engineer of the board of public works. - to keep certain

He shall take possession of, and preserve and keep, all the instrubooks, records, &c. ments pertaining to said office, and all the maps, charts, surveys, books,

records, and papers relating to said District, or to any of the avenues, streets, alleys, public spaces, squares, lots and buildings thereon, sew. ers, or any of them, as are now in or belonging to the office of said engineer of the board of public works, and shall, in books provided for that purpose, keep and preserve the records now required to be kept,

and such as may be required by regulations of said board. - may appoint as

He may, with the advice and consent of said board of commissionsistant engineers. ers, appoint not more than two assistant engineers from civil life, who

shall each receive a salary of one thousand eight hundred dollars per annum, and shall be subject to his direction and control.

He shall receive no additional compensation for such services. - not to receive additional salary. - pot deemed to

And he shall not be deemed by reason of anything in this act conhold civil office. tained to hold a civil office under the laws of the United States.

And no salary or compensation shall be paid to the surveyor of the Compensation of surveyor, &c.

District, or any of his subordinates, except such fees for special services

as are allowed by law. Assistant sur. And the offices of assistant surveyor and additional assistant surveyor's office abol- veyor of the District of Columbia are hereby abolished. islied.

SEC. 4.(2) Penalty for non- Upon all' said taxes which shall be delinquent and unpaid on said payment of taxes first day of November, (1874,] there shall be added a penalty of one when duo.

per centum to the amount thereof, to be collected with such taxes; and a like penalty of one per centum upon the amount thereof shall be added on the first day of each succeeding month to all of said taxes as

are then delinquent and unpaid, to be collected as aforesaid. Collection of It shall be the duty of the collector of taxes to prepare a complete taxes in arrears list of all taxes and property upon which the same are assessed in and proceedings for sale of property

arrears on the first day of March next, and shall, within ten days theretaxed.

NOTES.-(2) The part of section 4, here omitted, levied a tax for the year ending June 30, 1875.

Laws of Dist.

after, publish the same, with the notice of sale, in a newspaper pub- R. S., vol. 2 Dist. lished in said District, to be designated by said board of commissioners, Col., §§ 153-159. for the time and in the manner required by the provisions of the act of Col., 1871, ch. 108. the legislative assembly entitled "An act prescribing the duties of certain officers for the District of Columbia, and fixing their compensation," approved August twenty-third, eighteen hundred and seventyone. And all the provisions of said act as to the sale of property and the collection of taxes in arrears are hereby made applicable to the taxes hereby imposed and in arrears as aforesaid, except that the deed conveying the property so sold shall be executed by the said board of commissioners instead of the governor and the secretary.

SEC. 5. (3)

SEC. 6. (4)

Bonds with in

SEC. 7. That the sinking-fund commissioners of said District are hereby continued; and it shall be the duty of said sinking-fund com- terest at 3.65 per missioners to cause bonds of the District of Columbia to be prepared, in annum to be issued sums of fifty and five hundred dollars, bearing date August first, eight- commissioners. by sinking - fund een hundred and seventy-four, payable fifty years after date, bearing 1880, June 16, interest at the rate of three and sixty-five hundredths per centum per ch. 243, § 5. annum, payable semi-annually, to be signed by the secretary and the treasurer of said sinking-fund commissioners and countersigned by the comptroller of said District, and sealed as the board may direct; Which bonds shall be exempt from taxation by Federal, State, or mu- -exempt from nicipal authority, engraved and printed at the expense of the District taxation. of Columbia, and in form not inconsistent herewith.

16 Opin. Att'y Gen., 174. See Fendall's case, 16 C. Cls.,

payment of.

94.

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1878, June 11, ch. 180, § 4. Att'y Gen., 56.

And the faith of the United States is hereby pledged that the United faith of United States will, by proper proportional appropriations as contemplated in States pledged for this act, and by causing to be levied upon the property within said Dis- appropriations for trict such taxes as will provide the revenues necessary to pay the inter- 1875, Feb. 20, ch. est on said bonds as the same may become due and payable, and create a sinking-fund for the payment of the principal thereof at maturity. 1879, March 3, ch. 182, § 2. 14 Opin. Att'y Gen., 445, 544. 15 Opin. Said bonds shall be numbered consecutively, and registered in the to be numbered office of the comptroller of said District, and shall also be registered in and registered. the office of the Register of the Treasury of the United States, for which ch. 162, § 18. 1875, March 3, last-named registration the Secretary of the Treasury shall make such See Fendall's case, provision as may be necessary. 16 C. Cls.,

of

And said commissioners shall use all necessary means for the preven--prevention tion of any unauthorized or fraudulent issue of any of such bonds. And the said sinking-fund commissioners are hereby authorized to may be exexchange said bonds at par for like sums of any class of indebtedness changed by comin the preceding section of this act named, including sewer taxes or assessments paid, evidenced by certificates of the auditing board provided for in this act.

fraudulent issue

of.

missioners for other indebted

ness.

SEC. S. That the authority conferred on the board of public works to Certain authorissue additional certificates of indebtedness by section four of the act ity of board of of the legislative assembly approved on the twenty-ninth day of May, public works repealed, and no eighteen hundred and seventy-three, is hereby annulled. more sewer-certifi

No property shall be advertised for sale or sold for the collection of cates to be issued. any assessment authorized by the legislative assembly by the act enSee Fendall's case, titled "An act creating drainage and sewerage sections in the cities of 16 C. Cls., Washington and Georgetown, in the District of Columbia, and provid ing for the payment of the construction of sewers and drains therein by assessments and issuing certificates therefor" approved on the twentysixth day of June, eighteen hundred and seventy-three, until otherwise ordered by Congress; and it shall be unlawful to issue any further certificates of indebtedness authorized by said act.

NOTES. (3) Section 5, here omitted, provided for a joint committee to preparo a form of government, whose duties have ended.

(4) Section 6, here omitted, created a board of audit, which was abolished by resolution of 1876, March 14, No. 4 (19 Stat. L., 211). See Fendall's case, 16 C. Cls.

Commissions of

SEC. 9. That no board or commission of which the governor is ex which governor officio a member (the board of public works excepted) shall be abolished was a member con- by this act, but the members of the same, other than the governor, shall tinued.

constitute such board of commission. Act of District SEC. 10. That the act of the legislative assembly of the District of Colegislature author- lumbia entitled (5) “An act to fund unsettled liabilities of the city of tain bonds a p

Washington, and providing for the issuing of the bonds, and levying proved, &c. and collecting taxes to pay the sam3” approved June twentieth, eight

een hundred and seventy-two, is hereby ratified and approved; but none of the bonds authorized by said act remaining unsold shall be ne. gotiated or sold at less than par. (June 20, 1874.]

(5) Under the act of the legislative assembly of June 20, 1872, here ratified and approved, thero were issued what are called the funding.loan bonds" of the District, to the amount of ono inillion six hun. dred thousand dollars, in denominations of $50, $100, $500, and $1,000, bcaring date November 1, 1872, and payable to bearer in thirty years from date (November 1, 1902), with six per cent. annual interest, in coin, payable semi-annually, on the first day of May and November. Coupons attached.

CHAPTER 339.

AN ACT TO ENCOURAGE THE ESTABLISHMENT OF PUBLIC MARINE SCITOOLS.

to

June 20, 1874. 18 Stat. L., 121. Vessels for nautical school at certain ports to be to be restored on discontinuanco of school, &c. furnished to States.

not to be used as places of punishment. - officers of Navy may be detailed as instructors,

&o., for. Vessels for nau- Be it enacted, &c., That the Secretary of the Navy, to promote nauti. tical school at cer- cal education, is hereby authorized and empowered to furnish, upon the fain ports to be application in writing of the Governor of the State, a suitable vessel States.

of the Navy, with all her apparel, charts, books, and instruments of R. S., \ 417. navigation, provided the same can be spared without detriment to the

1881, March 3, naval service, to be used for the benefit of any nautical school, or school ch. 141.

or college having a nautical branch, established at each or any of the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, and San Francisco, upon the condition that there shall be maintained, at such port, a school or branch of a school for the instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any par

ticular branch thereof: -officers of Navy And the President of the United States is hereby authorized, when may be detailed as in his opinion the same can be done without detriment to the public instructors, &c., for.

service, to detail proper officers of the Navy as superintendents of, or

instructors in, such schools : - to be restored on Provided, That if any such school shall be discontinued, or the good discontinuance of

of the naval service shall require, such vessel shall be immediately school, &c.

restored to the Secretary of the Navy, and the officers so detailed

recalled : - not to be used And provided further, That no person shall be sentenced to, or received as places of pun- at, such schools as a punishment or commutation of punishment for ishment

crime. (June 20, 1874.]

CHAPTER 340.

June 20, 1874.

AN ACT TO CREATE TWO ADDITIONAL LAND DISTRICTS IN TIIE STATE OF KANSAS.

18 Stat. L., 121. SECTION

SECTION 1. Westorn land district of Kansas established. 3. Receivers and registers for said districts. 2. Arkansas Valley land district in Kansas es

tablishod.

Be it enacted, &c. Western land district of Kansas

[SECTION 1], That all the western portion of the State of Kansas, inestablished. cluded as follows, to wit, commencing

at the northeast corner of township

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ten of range sixteen, and running thence west to the western boundary of R. 8., $ 2256, 20

0 the State ; thence south, along said boundary line, to the fourth stand- ed., p. 409. ard parallel; thence east, along said parallel line, to the southeast corner of Rush County; thence north to the place of beginning, be, and hereby is, constituted a new land district, to be called the western land district.

SEC. 2. That all the western portion of the State of Kansas, included Arkansas Valley as follows, to wit, commencing at the northeast corner of Barton County, land district in and running thence west to the northwest corner of said county; thence lished. south to the southwest corner of said county; thence west along the R. S., § 2256, 2d fourth standard parallel line to the western boundary of the State ; ed., p. 409. thence south along said boundary-line to the southern boundary of the State; thence east along said boundary-line to the southeast corner of Barbour County ; thence north to the place of beginning, be, and hereby is, constituted a new land-district, to be called the Arkansas Valley land-district; and shall, in addition, include in the district the lands lying in Rice and Reno counties.

SEC. 3. That the President, by and with the advice and consent of the Registers and reSenate, is hereby authorized to appoint a register and a receiver for each ceivers for said dis

tricts. of said districts who shall discharge like and similar duties and receive

R. S., 08 2234the same amonnt of compensation allowed to other officers discharging 2247. like duties in the other land offices of said State. (June 20, 1874.]

CHAPTER 341.

AN ACT TO CREATE AN ADDITIONAL LAND DISTRICT IN THE TERRITORY OF COLORADO.

June 20, 1874. 18 Stat. L., 122.

SECTION
1. Del Norte land district in Colorado estab-

lished.
- office of, to be at Del Norte, but may be

changed by President.

SECTION

2. Register and receiver for.
3. Unfinished business in other districts relat.

ing to lands in, to be transferred to, &c.

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Be it enacted, &c.
[SECTION 1], That all that part of the Territory of Colorarlo com-

Del Norte land mencing at a point on the south boundary line of Colorado Territory district in Colo

rado established. between ranges sixty-nine and seventy west of the sixth principal me

R. S., § 2256, 20 ridian; thence running north to the northern boundary of township ed., p. 412. twenty-eight south; thence west, on a line between townships twentyseven and twenty-eight south, to the western boundary of range seventythree west; thence north, on said boundary of range seventy three west, to a point where the line between townships forty-eight and fortynine north, New Mexico meridian, will intersect the same; thence west, between said townships forty-eight and forty-nine porth, to the western boundary of the Territory; thence south, with said boundary line, to the southwest corner of the Territory; thence east, on the line of the southern boundary of the Territory, to the place of beginning, shall constitute a separate land district, to be called Del Norte

land district, the office of which shall be located at Del Norte, in Conejos County: - office of, to bo at

Provided, That the President of the United States may change the Del Norte, but may location of said land office from time to time, as the public interest may President.

be changed by require.

SEC. 2. That the President shall appoint, by and with the advice and -register and reconsent of the Senate, a register and a receiver of public moneys for said ceiver for: district; and said officers shall reside in the place where said land office

R. S., $ 2234. is located, and shall have the same powers and shall receive the same fees and emoluments as the like officers now receive in the other laud districts in said Territory.

SEC. 3. That all persons in said district who, prior to the opening of Unfinished busisaid Del Norte land office, shall have filed their declaratory statement ness in other disor application for pre-emption or homestead rights in any other land tricts relating to

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