United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 136 of 150)
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scribed by the Secretary of the Interior relative to the use of the
waters of said springs and creeks and the use and occupation of the
lands in said reservation, such person, firm, corporation, or members
or agents thereof, shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than five dollars and not more than
one hundred dollars, and may be imprisoned for a term of not more
than six months for each oflfense.

The Secretary (>f the Interior is hereby directed to appraise, at
actual value at the time of such appraisement, all town lots held by
citizens of the United States within the limits of the tract of land
ceded to the United States by the Choctaw and Chickasaw nations,
at or near Sulphur Springs, in the Chickasaw Nation, Indian Terri-
tory, and pay for the same to such lot holders severally, or to their
legal representatives, the appraised value of such lots by warrants
drawn by the Secretary of the Interior upon the Treasurer of the
United States; and the amount necessary to pay the same is hereby
appropriated from any money in the Treasury not otherwise appro-
priated. The foregoing appraisal of lots shall be completed within
three months from the passage of this Act. (33 Stat. 220.)

This section was part of the Indian appropriation act for the fiscal year
1905» cited above.

Act July 1, 1902, c 1362, f 64, mentioned in this act, is set forth ante, I
6243.

This Sulphur Springs reservation was to be named and thereafter called
the Piatt National Park, by Res. June 20, 1006, No. 42, post, § 5246.

No expenditure for any building exceeding $1,000 was to be made in any na-

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§ 5245 NATIONAL PARKfl, RBBBRVATIONS, AND M0NTTMBNT8 (Tit 32b

tional park without expreM authority of CongreM, by Act Aog. 24, 1912, c dQ5,
post, f 5250.

§ 5245. (Act June 16, 1906, c 3335, § 7.) Acts relating to Sulphur
Springs Reservation, and lands set aside as national park, etc,
not affected by act for admission to the Union of the State of
Oklahoma; rights and jurisdiction of United Sutes in and over
lands so set aside; State not entitled to select indemnity school
lands for sections within park, etc., or other reservation, etc
Nothing in this Act contained shall repeal or affect any Act of
Congress relating to the Sulphur Springs Reservation as now defined
or as may be hereafter defined or extended, or the power of the
United States over it or any other lands embraced in the State here-
after set aside by Q>ngress as a national park, game preserve, or for
the preservation of objects of archaeological or ethnological interest;
and nothing contained in this Act shall interfere with the rights and
ownership of the United States in any land hereafter set aside by
Congress as national park, game preserve, or other reservation, or in
the said Sulphur Springs Reservation, as it now is or may be here-
after defined or extended by law; but exclusive legislation, in all
cases whatsoever, shall be exercised by the United States, which shall
have exclusive control and jurisdiction over the same; but nothing
in this proviso contained shall be construed to prevent the service
within said Sulphur Springs Reservation or national parks, game
preserves, and other reservations hereafter established by law, of
civil and criminal processes lawfully issued by the authority of said
State, and said State shall not be entitled to select indemnity school
lands for the thirteenth, sixteenth, thirty-third, and thirty-sixth sec-
tions that may be embraced within the metes and bounds of the na-
tional park, game preserve, and other reservation or the said Sulphur
Springs Reservation, as now defined or may be hereafter defined. (34
Stat. 272.)

This was a proviso annexed to section 7 of the enabling act for the forma-
tion of a State government for and the admission to the Union of the State
of Oklahoma, cited above.

§ 5246. (Res. June 29, 1906, No. 42.) Sulphur Springs Reserva-
tion named Piatt National Park.
That the Secretary of the Interior be, and he is hereby, authorized
and directed to change the name of the Sulphur Springs Reservation,
an Indian reservation now in the State of Oklahoma, formerly in the
Indian Territory, so that said Reservation shall be named and here-
after called the "Piatt National Park," in honor of Orville Hitchcock
Piatt, late and for twenty-six years a Senator from the State of Con-
necticut and for many years a member of the Committee on Indian
AflFairs, in recognition of his distinguished services to the Indians and
to the country. (34 Stat. 837.)

This was a resolution entitled "Joint Reaolution dlrectiof that the Sulphur
Springt Reeerration be named and hereafter oaUed the 'Piatt National P&rk.' **

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Tit 32b) national pabks, rbssbvations, and monuments § 5247

§ 5247- (Act May 11, 1910, c 226, § 1.) Glacier National Park;
establishment; removal of trespassers; claims, etc., and rights
under land laws not affected; rights of way for railways; rec-
lamation projects; indenmity selections of lands not to be al-
lowed to railroad, etc., corporations for loss of lands within
park.
The tract of land in the State of Montana particularly described
by metes and bounds as follows, to wit: Commencing at a point
on the international boundary between the United States and the
Dominion of Canada at the middle of the Flathead River; thence
following southerly along and with the middle of the Flathead
River to its confluence with the Middle Fork of the Flathead
River; thence following the north bank of said Middle Fork of
the Flathead River to where it is crossed by the north boundary
of the right of way of the Great Northern Railroad ; thence follow-
ing the said right of way to where it intersects the west boundary of
the Blackfeet Indian Reservation; thence northerly along said west
boundary to its intersection with the international boundary; thence
along said international boundary to the place of beginning, is hereby
reserved and withdrawn from settlement, occupancy, or disposal un-
der the laws of the United States, and dedicated and set apart as a
public park or pleasure ground for the benefit and enjoyment of the
people of the United States under the name of "The Glacier National
Park ;" and all persons who shall locate or settle upon or occupy the
same, or any part thereof, except as hereinafter provided, shall be
considered trespassers and removed therefrom : Provided, That noth-
ing herein contained shall affect any valid existing claim, location,
or entry under the land laws of the United States or the rights of
any such claimant, locator, or entryman to the full use and enjoyment
of his land: Provided further. That rights of way through the val-
leys of the North and Middle forks of the Flathead River for steam
or electric railways may be acquired within said Glacier National
Park under filings or proceedings heretofore or hereafter made or
instituted under the laws applicable to the acquisition of such rights
over or upon the unappropriated public domain of the United States,
and that the United States Reclamation Service may enter upon and
utilize for flowage or other purposes any area within said park which
may be necessary for the development and maintenance of a govern-
ment reclamation project: And provided further, That no lands
within the limits of said park hereby created belonging to or claimed
by any railroad or other corporation now having or claiming the right
of indemnity selection by virtue of any law or contract whatsoever
shall be used as a basis for indemnity selection in any State or Terri-
tory whatsoever for any loss sustained by reason of the creation of
said park. (36 Stat. 354.)

This section and the section next foUowing were an act entitled "An act
to establish The Glacier National Park' in the Rocky Mountains south of the
international boundary line, in the State of Montana, and for other purposes.'^

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§ 5248 NATIONAL PARK8, RBSSRVATIONS, AND MONUM8NT8 (Tit 32b

§ 5248, (Act May 11, 1910, c 226, § 2.) Park under control of
Secretary of Interior; regulations; leases for erection of build-
ings ; sale and removal of matiu-ed or dead and down timber.

Said park shall be under the exclusive control of the Secretary
of the Interior, whose duty it shall be, as soon as practicable, to
make and publish such rules and regulations not inconsistent with
the laws of the United States as he may deem necessary or proper
for the care, protection, management, and improvement of the
same, which regulations shall provide for the preservation of the park
in a state of nature so far as is consistent with the purposes of this
Act, and for the care and protection of the fish and game within
the boundaries thereof. Said Secretary may, in his discretion, execute
leases to parcels of ground not exceeding ten acres in extent at any
one place to any one person or company, for not to exceed twenty
years, when such ground is necessary for the erection of buildings
for the accommodation of visitors, and to parcels of ground not ex-
ceeding one acre in extent and for not to exceed twenty years to
persons who have heretofore erected or whom he may hereafter au-
thorize to erect simimer homes or cottages ; he may also sdl and per-
mit the removal of such matured, or dead or down timber as he may
deem necessary or advisable for the protection or improvement of
the park. (36 Stat. 354.)

The proceeds of leasee and other revalues from sources connected with th«
park were to be expended in the admiDistration and improvement thereof, bj a
provision of Act March 4, 1911, c 285, f 1, post, f 5249.

§ 5249. (Act March 4, 1911, c. 285, § 1.) Glacier National Park;
proceeds of leases and other revenues to be expended in admin-
istration and improvement of park.
Glacier National Park, Montana : ♦ ♦ All proceeds of leases and
other revenues that may be derived from any source connected with
said park shall be expended under the direction of the Secretary of
the Interior in the administration and improvement of the park, and
the construction of roads, trails, bridges, and so forth, therein. (36
Stat. 1421.)

This was a proTision accompanying an appropriation for administratSoa and
improvement of the park, in the sundry civil appropriation act for the fiscal
year 1912, dted above.

No expenditure for the constmction of any boilding exceeding $1,000 was to
be made in any national park without express authority of Oongreas, by Act
Aug. 24, 1912, c 355, post, f 5250.

§ 5250. (Act Aug. 24, 1912, c. 355.) Limit on cost of buildings
to be erected in the future in national parks.
No expenditure for construction of administration or other build-
ings cost in case of any building exceeding one thousand dollars shall
hereafter be made in any national park except under express au-
thority of Congress : Provided, That this shall not apply to buildings
now in the process of actual construction. (37 Stat. 465.)

This was a provision of the sundry civil appropriation act for thm
year 1913, cited above.

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Tit. 32b) national parks, reservations, and monuments - § 5251

§ 5251. (Act Dec. 16, 1878, c. 5, as amended, Act April 12, 1904,
c. 1249.) Hot Springs reservation; establishment; leases of
ground, bath houses, and supply of water; dedication of Hot
Springs, with reservation and mountain, to United States, for-
ever free from sale or alienation.
The Secretary of the Interior is hereby directed to lease to the pres-
ent proprietors of the Arlington Hotel or their assigns the grounds, not
exceeding one acre, now occupied by them, for a period of ten years,
unless otherwise provided by law, at an annual rental of one thousand
dollars. And he is further directed to lease the bath houses of a per-
manent nature now upon the Hot Springs reservation to the owners of
the same, and lease to any person or persons upon such terms as may
be agreed on, sites for the building of other bath houses for the term
of five years, unless otherwise provided by law, under such rules and
regulations as he may prescribe ; and the tax imposed shall not exceed
fifteen dollars per tub per annum, including land rent : Provided, That
said leases shall in no way prejudice any legal right that any person
or persons may have acquired under the act hereby revived and contin-
ued, to any improvements on said ground : And provided further. That
the Secretary of the Interior be, and he is hereby, authorized to grant
to hotels having bath houses attached, and to bath houses situated on
the Hot Springs Reservation, as well as in the city of Hot Springs,
Arkansas, the right to install, maintain, and use, either in said bath
houses or in connection with the rooms of said hotels or the bath houses
attached to said hotels, as many bath tubs as in his discretion he may
deem proper and necessary for the public service and the amount of
hot water will justify. And provided further, That the superintendent
shall provide and maintain a sufficient number of free baths for the use
of the indigent, and the expense thereof shall be defrayed out of the
rentals hereinbefore provided for.

In cases where fractions of lots are made by straightening, widen-
ing or laying out streets, the commissioners shall have power to deter-
mine the disposal of the same, giving the preference to the owners of
abutting lots: Provided, That all titles given or to be given by the
United States shall explicitly exclude the right to the purchaser of the
land, his heirs or assigns, from ever boring thereon for hot water ; and
the Hot Springs, with the reservation and mountain are hereby dedi-
cated to the United States, and shall remain forever free from sale or
alienation. (20 Stat. 258. 33 Stat. 173.)

This section, as originally enacted, constituted an act entitled "An act to
correct an error of enrollment in bill making appropriations for sundry civil
expenses of the Government for the fiscal year ending June thirtieth, eigh-
teen hundred and seventy-nine, and for other purposes."

The sundry civil appropriation act for the fiscal year 1876, Act June 20,
1878, c. 359, 8 1, 20 Stat. 230, mentioned in the title of this act, contained
a provision in the same words as that of this act for the lease of bath houses
of a permanent nature, followed by the words, "Provided, That;" the sub-
stance of the proviso being omitted.

The second proviso of this act, as originally enacted, which limited the sup-
ply of water to not more than enough for ^ bath tubs of the usual size to
a single establishment, was stricken out, and in lieu thereof the second pro-

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§ 5251- NATIONAL PARKS, BBSBRVATIONS, AND MONUMBNT8 (Ttt 82b

Tiso set forth here was inserted, bj Act April 12, 1904, c 1249, last dt«d
above.

The portion of this act preceding the provisions set forth here made an ap-
propriation for the expenses of the Hot Springs Commission, and provided Tir
the appointment of a board of commissioners, conferring upon them the powers
of the commLssioners appointed under the previous Act March 3, 1877, c K^^^.
19 Stat 377, to lay out, etc, the Hot Springs Reservation, and revived simI
continued in force said preceding act, to enable the commissioners to perform
the acts and duties authorised by it These and other earlier provisions re-
lating to the establishment and management of the reservation were temporary
merely and have been executed.

The provisions of this act relating to leases of ground, bath houses, etc^
were also in part temporary in nature, and appear to be superwHied. to a
great extent by those of Act liarch 3, 1891, c 533, post H 6252->%2r>8 ; bat
this act was recognised by the subsequent amendment by Act April 12, 1904,
c. 1249, mentioned above.

The cession by the State of Arkansas to the United States of exclusive
jurisdiction over a part of the permanent Hot Springs Reservation was ac-
cepted, and the prosecution and punishment of offenses committed therein were
provided for, by Act April 20, 1904, c. 1400, post SI 6261 - 5273.

The boundary line of the Hot Springs Reservation was changed, and a tract
of land excluded thereby was ceded to the city of Hot Springs for street pur-
poses, by Act May 23, 1906, c. 2552, 84 Stat 198.

Certain lots situate on the Hot Springs Reservation were granted to the
school district of Hot Springs by Act April 30, 1908, c 154, | 1« 85 Sut 9&

§ 5252. (Act March 3» 1891, c. 533, § 1.) Hot Springs Reserva-
tion; leases of bath houses and bath house sites; supply of
water.

The Secretary of the Interior is hereby authorized and empow-
ered to execute leases to the bath-houses and bath-house sites on
the permanent reservation at Hot Springs, Arkansas, for periods
not exceeding twenty years, and at an annual rental of not less
than thirty dollars per tub for each tub used in any bath-house.
Said annual rental shall be payable quarterly in advance, at the office
of the Government Superintendent of said property, in Hot Springs,
Arkansas: Provided, That the same rate for water rent shall be
charged for the water to all parties receiving the same, whether on or
off the permanent reservation: Provided, That after the Army and
Navy hospital bath-house, the public bath-house, the bath-houses which
are now or may hereafter be authorized on the permanent reservation,
the Arlington Hotel, and the bath-houses off the permanent reserva-
tion now authorized to be supplied with hot water, in the order here-
in named, if there shall still be a surplus of hot water the Secretary
of the Interior may, in his discretion and under such regulations as he
may prescribe, cause hot water to be furnished to bath-houses, hotels,
and families off the permanent reservation : Provided, That such bath-
houses, hotels, and families shall cause all connections for obtaining
such hot water to be made at their own expense : Provided, That all
water furnished to any hotel or family for other use than bathing shall
be paid for at such reasonable price, as shall be fixed by the Secretary
of the Interior: Provided further. That the Secretary of the Interior
shall at the expiration of each period of five years during the contin-
uance of each lease made hereunder readjust the terms and amounts of
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Tit 32b) national parks, rbsbbvations, and monuments § 5253

payment provided for therein as may be just, but not less than the
minimum herein provided. (26 Stat. 842.)

This was the first section of an act entitled "An act to regulate the grant-
ing of leases at Hot Springs, Arkansas, and for other purposes."

Section 2 of said act authorized the leasing of the Arlington Hotel site,
on said reservation, for a term of 20 years. That lease has expired, and sub-
sequent provisions for leasing the same property were made by Act Aug. 24,
1912, c. 355, post, § 5259.

Sections 3-8 of this act are set forth post, §§ 5253-5258.

Previous provisions relating to the subjects of this and other sections of this
act, made by Act Dec. 16, 1878, c 5, are set forth ante, § 5251. An amend-
ment incorporated therein, as stated in the note under that act, affecting the
limitation thereby of the supply of water, was made subsequent to this act.

§ 5253. (Act March 3, 1891, c. 533, § 3.) Rules and regulations as
to leases, privileges, supply and use of water, buildings, etc.
All power now possessed by the Secretary of the Interior for the
regulating of leases of bath-houses, bath-house privileges, or hotel
rights on the reservation, or as to supplying hot water to places
off the reservation, is hereby retained and continued in him ; and full
power is vested in the Secretary of the Interior to provide, in all leases
to be executed against any combination among lessees or their assigns,
as to ownership, prices, or accommodations at any bath-house; full
power is also vested in him to make all needful rules and regulations
as to the use of the hot water, and to prevent its waste, including full
power to authorize the superintendent of the reservation to make ex-
amination and inspection at any time of the manner of using the hot
water at any bath-tub, that it may be used in proper quantity only, and
to prevent its waste ; and also full power to provide and fix reasonable
maximum charges for all baths, or bathing privileges, or services of
any person connected with any bath-house furnished to bathers ; and
for reasonable maximum charges to guests at the Arlington Hotel;
and also, generally, the Secretary of the Interior may make all neces-
sary rules and regulations as to said bath-houses awd the service therein
as shall be deemed best for the public interest, and to provide penalties
for the violation of any regulation which may be enforced as though
provided by act of Congress. All leases and grants of hot-water
privileges shall be held to be subject to all regulations now in force
or which may be hereafter adopted by the Secretary of the Interior,
and for any violation of any regulation, known to the proprietor at
the time of the offense, the lease or grant may be canceled by the Sec-
retary of the Interior. It shall be expressly provided in all leases and
grants of privilege for hot water that the bath-house for which pro-
vision is made shall not be owned or controlled by any person, company,
or corporation which may be the owner of or interested (as stockholder
or otherwise) in any other bath-house on or near the Hot Springs
Reservation; that neither the hot-water privilege granted nor any in-
terest therein, nor the right to operate or control said bath-house,
shall be assigned or transferred by the party of the second part with-
out the approval of the Secretary of the Interior first obtained, in writ-
ing; and if the ownership or control of said bath-house be transferred
to any person, company, or corporation owning or interested in any
other bath-house on or near said reservation, the Secretary of the In-

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§ 5254 NATIONAL PARKS, RBSBRVATIONS, AND MOmTMBNTS (Tit 32b

terior may, for that cause, deprive the bath-house provided for of the
hot water and cancel the lease or agreement All buildings to be erect-
ed on the reservation shall be on plans first approved by the Secretarj-
of the Interior, and shall be required to be fire proof, as nearly as prac-
ticable. (26 Stat 843.)

§ 5254. (Act March 3, 1891, c 533, § 4.) Investigatioii mt to inter-
est of applicant for lease, etc., in other bath house; refusal or
forfeiture of lease or privilege where parties are otherwise in-
terested.
The Secretary of the Interior, before executing any lease to bath-
houses or bath-house sites on the permanent reservation or con-
tracts for the use of hot water for bath-houses off the permanent
reservation, may make due investigation to ascertain whether the per-
son, persons, or corporation appl>dng for such lease or contract arc
not, directly or indirectly, interested in any manner whatever in any
other bath-house lease, interest, or privilege at or near Hot Springs,
Arkansas, or whether he or they belcHig to any pool, combination, or
association so interested, or whether he or they are members or stock-
holders in any corporation so interested, or, if a corporation, whether
its members or any of them are members or stockholders of any other
corporation or association interested in any other bath-house, lease,
interest, or privilege as aforesaid, and in order to arrive at the facts
in any such case he is authorized to send for persons and papers, ad-
minister oaths to witnesses, and require affidavits from applicants ; and
any such person making a false oath or affidavit in the premises shaD
be deemed guilty of perjury, and, upon conviction, subject to all the
pains and penalties of perjury under the statutes of the United States ;
and whenever, either at the time of leasing or other time it appears to
the satisfaction of the said Secretary that such interest in other bath-
house, lease, interest, or privilege exists, or at any time any pool or
combination exists between any two or more bath-houses or he deems
it for the best interests of the management of the Hot Springs Reser-
vation and waters, or for the public interest he may refuse such lease,
license, permit or other privilege, or forfeit any lease or privilege
wherein the parties interested have become otherwise interested as
aforesaid. (26 Stat. 843.)

This act is not to be so constnied as to preTent the operation of m bath boost



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 136 of 150)