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or may be hereafter established; and all provisions of law inconsistent
herewith are hereby repealed." Transfer of causes, SEC. 4. That said circuit courts, respectively, shall have power to etc.
make such orders and directions as shall be proper for the transfer from said district courts of all causes, proceedings, matters, records, files, and papers as by force of this act should belong to the said
circuit courts. Repeal of prior act. SEC. 5. That the provisions of the act entitled “An act to amend Vol. 19, p. 230.
R.., sec. 571, p. 97, sections five hundred and thirty-three, five hundred and fifty-six, five repealed.
hundred and seventy-one, and five hundred and seventy-two of the Revised Statutes of the United States relating to courts in Arkansas and other States," approved January thirty-first, eighteen hundred and seventy-seven, conferring upon the district courts named therein circuit court powers; and section five hundred and seventy-one of the Revised Statutes of the United States, as amended by said lastmentioned act, and all provisions of law inconsistent with any of the
provisions of this act be, and the same are hereby, repealed. Writs of error in SEC. 6. That hereafter in all cases of conviction of crime the crimes punishable by
punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respondent shall, upon the application of the respondent, be reexamined, reversed, or affirmed by the Supreme Court of the United States upon a writ of error, under such rules and regulations as said court may prescribe. Every such writ of error shall be allowed as of right and without the requirement of any security for the prosecution of the same or for costs. Upon the allowance of every such writ of error, it shall be the duty of the clerk of the court to
which the writ of error shall be directed to forthwith transmit to Certifying tran the Clerk of the Supreme Court of the United States a certified script.
transcript of the record in such case, and it shall be the duty of the Clerk of the Supreme Court of the United States to receive, file,
and docket the same. Every such writ of error shall during its Proceedings to stay. pendency operate as a stay of proceedings upon the judgment in reFiling writ. spect of which it is sued out. Any such writ of error may be filed
and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the term so named; and all such writs of error shall be advanced to a speedy hearing on motion of either party. When any such judgment shall be either reversed or affirmed the cause shall be remanded to the court from whence it came for further proceedings în accordance with the decision of the Supreme Court, and the court to which such cause is so remanded shall have power to cause such judgment of the Supreme Court to be carried into execution. No such writ of error shall be sued out or granted unless a petition therefor shall be filed with the clerk of the court in which the trial shall have been had during the same term or within such time, not exceeding sixty days next after the expiration of the term of the court ,at which the trial shall have been had, as the court may for cause allow by order entered of record.
Sec. 7. That this act shall take. effect and be in force from and after the first day of May, anno Domini eighteen hundred and eightynine.
Received by the President January 25, 1889.
[NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]
CHAP. 115.-An act to provide a temporary home for certain persons discharged February 8, 1889. from the United States Navy.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseinbled, That the Secretary Temporary homes
for discharged seaof the Navy be, and he is hereby, authorized to permit any person men." receiving the honorable discharge authorized by section fourteen R. S., sec.1429, p. 252. hundred and twenty-nine of the Revised Statutes to elect a home on board of any of the United States receiving-ships, during any portion of the three months granted by law as the limit of time within which to receive the pecuniary benefit of such discharge, the men so choosing.a home to be entitled to one ration per day for their keeping Ration, etc. while furnished with such home, but not to pay, other than that authorized by section fifteen hundred and seventy-three of the Revised R. S.,sec. 1573, p. 280 Statutes of the United States upon re-enlistment: Provided, That Proviso. the persons so furnished with a home shall be amenable to such reg- Regulations. ulations as may be prescribed by the Secretary of the Navy or other competent authority.
Approved, February 8, 1889.
May be delivered to Soldiers' Homes.
CHAP. 116.-An act to authorize the furnishing of obsolete serviceable cannon February 8, 1899. to Soldiers Homes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Obsolete serviceable of War be, and hereby is, authorized and directed, subject to such regulations as he may prescribe, to deliver to any of the “National soldier Homes for Disabled Volunteer Soldiers” already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, guitable for firing salutes, as may be on hand undisposed of, not exceeding two to any one Home.
Approved, February 8, 1889.
CHAP. 117.-An act for the establishment of light-ships, with fog-signals, at February 8, 1889. Sandy Hook, New York Harbor, and off Great Round Shoal, seacoast of Massachusetts, near Nantucket.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be es- Light-ships author
ized at tablished off Sandy Hook, entrance to New York Harbor, a new Sandy Hook, New light-ship, with a steam fog-signal, the entire cost of which shall Yürk Harbor. not exceed the sum of sixty thousand dollars.
That there be constructed and established a first-class light-ship, Great Round Shoal, with a steam fog-signal, off Great Round Shoal, sea-coast of Massachusetts, near Nantucket, the cost of which shall not exceed the sum of sixty thousand dollars: Provided, That the construction of Proviso. said light-ships shall be let to the lowest responsible bidders after Contracts. advertisement, and that they shall be built in American ship-yards.
Approved, February 8, 1889.
CHAP. 119.-An act to provide for the deposit of the savings of seamen of the February 9, 1889. United States Navy.
Be it enacted by the Senate 'and House of Representatives of the United States of America in Congress assembled, That any enlisted Seamen's savings. man or appointed petty officer of the Navy may deposit his savings, May be deposited
with paymasters. in sums not less than five dollars, with the paymaster upon whose
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books his account is borne; and he shall be furnished with a depositbook, in which the said paymaster shall note, over his signature, the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and shall pass to the credit of the appropriation for “ Pay for the Navy," and shall not be subject to forfeiture by sentence of courtmartial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives of a deceased sailor, and that such deposit be exempt from liability for such sailor's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. .
SEC. 2. That for any sums not less than five dollars so deposited for the period of six months or longer, the sailor, on his final discharge, shall be paid interest at the rate of four per centum per annum.
SEC. 3. That the system of deposits herein established, shall be carried into execution under such regulations as may be established by the Secretary of the Navy.
Approved, February 9, 1889.
February 9, 1889.
knowledgo of females urder sixteen to be
CHAP120.--An act to punish, as a felony, the carnal and unlawful knowing of any female under the age of sixteen years.
Be it enacted by the Senate and House of Representatives of the Carnal and unlawful United States of America in Congress assembled, That every person
who shall carnally and unlawfully know any female under the age felony.
of sixteen years, or who shall be accessory to such carnal and unlaw. ful knowledge before the fact in the District of Columbia or other place, except the territories, over which the United States has exclusive jurisdiction; or on any vessel within the admiralty or maritime jurisdiction of the United States, and out of the jurisdiction of any
State or Territory, shall be guilty of a felony, and when convicted Punishment. thereof shall be punished by imprisonment at hard labor, for the
first offense for not more than fifteen years, and for each subsequent offense not more than thirty years.
Approved, February 9, 1889.
February 9, 1889. CHAP. 121.-An act to constitute Columbus, Ohio, a port of delivery, and to ex
tend the provisions of the act of June tenth, eighteen hundred and eighty, entitled "An act to amend the statutes in relation to immediate transportation of dutiable goods, and for other purposes," to said port of Columbus.
Be it enacted by the Senate and House of Representatives of the Columbus, Ohio United States of America in Congress assembled, That Columbus, in Made a port of de livery
the State of Ohio, be, and is hereby, constituted a port of delivery, Immediate trans- and that the privileges of the seventh section of the act approved portation privileges. Vol. 21. p. 174. June tenth, eighteen hundred and eighty, entitled "An act to amend
the statutes in relation to immediate transportation of dutiable
goods, and for other purposes,” be, and the same are hereby, extended Surveyor
to said port, and that there shall be appointed at said port a surveyor, with compensation at nine hundred dollars per annum and the usual fees.
Approved, February 9, 1889.
CHAP. 122.-An act to enlarge the powers and duties of the Department of Ag- February 9, 1989 riculture and to create an Executive Department to be known as the Department of Agriculture.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Depart- Department of Agri
culture. ment of Agriculture, shall be an Executive Department, under the To be an Executive supervision and control of a Secretary of Agriculture, who shall be Department. appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fifty-eight of the Revised R. S., sec. 158, p. 26, Statutes is hereby amended to include such Department, and the amended provisions of title four of the Revised Statutes, including all amend
Ludiner all amend. R. S., Title IV, appliments thereto, are hereby made applicable to said Department.
SEC. 2. That there shall be in said Department an Assistant Sec- Assistant Secretary. retary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perforin such duties as may be required by law or prescribed by the Secretary. SEC. 3. That the Secretary of Agriculture shall receive the same
Salaries. salary as is paid to the Secretary of each of the Executive Departments, and the salary of the Assistant Secretary of Agriculture shall be the same as that now paid to the First Assistant Secretary of the Department of the Interior.
Sec. 4. That all laws and parts of laws relating to the Department Existing laws. of Agriculture now in existence, as far as the same are applicable and not in conflict with this act, and only so far, are continued in full force and effect.'
Approved, February 9, 1889.
CHAP. 132.-An act to increase pensions in certain cases.
February 12, 1889. Be it: enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after Pensions.
For loss of both the passage of this act all persons who, in the military or naval sery- hands increased. ice of the United States and in the line of duty, have lost both R.S., sec. 4698, p.
Ou 915, amended. hands, shall be entitled to a pension of one hundred dollars per Vol. 20, p. 174. month.
Approved, February 12, 1889.
CHAP. 133. ---An act for the relief of certain property in the District of Columbia. February 12, 1989.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions District of Columbia. of section one of the act of the late legislative assembly of the Dis- assessments on real
Reduction of certain trict of Columbia, entitled “An act regulating assessments for im- estate. provements,” approved December nineteenth. eighteen hundred and seventy-one, shall be construed to apply to all cases where the work was done after February twenty-first, eighteen hundred and seventyone, and that the Commissioners of the District of Columbia are hereby directed to make the necessary reductions in assessment for such work.
SEC. 2. That drawback certificates for the amount of such reduc- . Drawbacks' to be tions, with interest thereon to the date of the passage of this act, shall be issued to the holders of the liens, the security for which is reduced by the operation of this act, and to such other persons as may be found to have paid in excess of one-third of the cost of such work drawback certificates shall be issued for the amount of such excessive payment. All such drawback certificates shall be receiv- Receivable for taxes. able for arrears of general taxes due the District of Columbia and unpaid June thirtieth, eighteen hundred and eighty-eight. ,
Approved, February 12, 1889.
February 12, 1889. CHAP. 134.--An act granting to the Big Horn Southern Railroad Company a
right of way through a part of the Crow Indian Reservation in Montana Territory.
Be it enacted by the Senate and House of Representatives of the Big Horn Southern United States of America in Congress assembled, That a right of way Railroad Company granted right of way is hereby granted, as hereinafter set forth, to the Big Horn Souththrough Crow Indian Reservation, Montana. ern.
a. ern Railroad Company, a corporation duly organized and existing
under the laws of the Territory of Montana, for the construction, operation, and maintenance of its railroad, telegraph, and telephone
line through the lands set apart for the use of the Crow Indians, and Location.
commonly known as the Crow Indian Reservation, beginning at a point on the Northern Pacific Railroad, in the vicinity of the mouth of the Big Horn River, in Yellowstone County, Montana Territory; thence by the most practicable route up said Big Horn River to or near the mouth of the Little Big Horn River; thence up said Little Big Horn River to or near the mouth of Owl Creek; thence up said creek to and across the southern boundary-line of said reservation.
SEC. 2. That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central line of said railroad, as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material,
stone, earth, and timber necessary for the construction of said railBuildings, etc. road; also ground adjacent to said right of way for station buildings,
depots, machine-shops, side-tracks, turn-outs, and water stations, not
to exceed in amount three hundred feet in width and three thousand Stations.
feet in length for each station, to the extent of one station for each ten miles of its road, except at the terminus of said road at a point on the Northern Pacific Railroad in the vicinity of the mouth of the Big Horn River, Yellowstone County, Montana, and at such point not to exceed one hundred and sixty acres, or so much thereof as the Secretary of the Interior shall decide to be reasonably necessary for ter
minal facilities. Compensation. SEC. 3. That it shall be the duty of the Secretary of the Interior
to fix the amount of compensation to be paid the Indians for such right of way, and grounds adjacent thereto, as provided in section two, and provide the time and manner for the payment thereof; and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reasou of the construction of said road; but no right of way shall
vest in said railroad company in or to any of the right of way herein Surveys, etc., to be provided for until plats thereof, made upon actual survey for the approved by Secretary of the Interior.
tary definite location of such railroad, and including the points for station
buildings, depots, machine-shops, side-tracks, turn-outs, and waterstations, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians and in accordance with such rules
and regulations as the Secretary of the Interior may make to carry Proviso.
out this provision: Provided. That the President of the United States Consent of Indians. m
may, in his discretion, require that the consent of the Indians to said right of way shall be obtained by said railroad company, in such manner as he may prescribe, before any right under this act shall
accrue to said company. Not assignable. • SEC. 4. That said company shall not assign or transfer or mortgage
this right of way for any purpose whatever until said road shall be completed through that part of said reservation through which it
shall be constructed : Provided, 'That the company may mortgage Mortgage
said franchise, together with the rolling stock, for money to con. Commencement and struct and complete said road: And provided further, That the right completiva.
granted herein shall be lost and forfeited by said company unless