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 28 of 150)
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ported.
In all cases of fatal accident a full report thereof shall be made by
the mine owner or manager to the mine inspector, said report to
be in the writing and made within ten days after such death shall
have occurred. (26 Stat. 1106.)

§ 3517. (Act March 3, 1891, c. 564, § 16.) Injunction restraining
operation of mine on failure to comply with requirements.
As a cumulative remedy, in case of the failure of any owner or
manager of any mine to comply with the requirements contained
in the notice of the Governor of such Territory or the Secretary of
the Interior, given in pursuance of this act, any court of competent
jurisdiction, or the judge of such court in vacation, may, on applica-
tion of the mine inspector in the name of the United States and
supported by the recommendation of the governor of said Territory,
or of the Secretary of the Interior, issue an injunction restraining
the further operation of such mine until such requirements are com-
plied with, and in order to obtain such injunction no bond shall
be required. (26 Stat. 1106.)

§ 3518. (Act March 3, 1891, c. 564, § 17.) "Owner or manager"
defined; officers, etc., of corporations, personally responsible
for violations of act.
Wherever the term "owner or manager" is used in this act the
same shall include lessees or other persons controlling the opera-
tion of any mine. And in case of the violation of the provisions of
this act by any corporation the managing officers and superintend-
ents, and other managing agents of such corporation, shall be per-
sonally liable and shall be punished as provided in act for owners
and managers. (26 Stat. 1106.)

§ 3519. (Act March 3, 1891, c. 564, § 18.) Mine inspectors; sal-
ary and traveling expenses.
The mine inspectors provided for in this act shall each receive a
salary of two thousand per annum, and their actual traveling ex-
penses when engaged in their duties. (26 Stat. 1106.)

§ 3520. (Act March 3, 1891, c. 564, § 19.) Provisions of act to be
superseded by territorial statute.
Whenever an organized Territory shall make or has made provi-
sion by law for the safe operation of mines within such Territory,
and the governor of such Territory shall certify said fact with a
copy of the said law to the Secretary of the Interior then and there-
after the provisions of this act shall no longer be enforced in such
organized Territory, but in lieu thereof the statute of such Territory
shall be operative in lieu of this act. (26 Stat. 1106.)

§ 3521. (Act Juhc 16, 1880, c. 235.) Contracts for care and custody
of convicts in other territory or state.
The legislative assemblies of the several Territories of the United
States may make such provision for the care and custody of such per-
sons as may be convicted of crime under the laws of such Terri-

(1391)



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§ 3521 THB TORIUTORIDS AND INSULAR POSSESSIONS (Tit 23

tory as they shall deem proper, and for that purpose may authorize
and contract for the care and custody of such convicts in any other
Territory or State, and provide that such person or persons may
be sentenced to confinement accordingly in such other Territory
or State, and all existing legfislative enactments of any of the Ter-
ritories for that purpose are hereby legalized : Provided, That the
expense of keeping such prisoners shall be borne by the respective
Territories, and no part thereof shall be borne by the United States.
(21 Stat. 277.)

This was a provision of the sundry civil appropriation act for the fiscal jrear
1881, dted above.

§ 3522. (R. S. § 1891.) Constitution and laws of United Sutes
made applicable to all the territories.
The Constitution and all laws of the United States which are not
locally inapplicable shall have the same force and effect within all
the organized Territories, and in every Territory hereafter organ-
ized as elsewhere within the United States.

N. ai., Act Kept. 9, 1850. c 49, | 17, Stat 462. Utah, Act Sept. 9,
1850, c. 51, I 17. 9 Stat. 458. Colo., Act Feb. 28. 1861, c. 69, | 16. 12 Stat
176. Dak., Act March 2. 1861, c 86. | 16, 12 SUt. 244. Aria., Act Feb.
24, 1863, c 56, I 2, 12 Stat 666. Idaho, Act March 8, 1863, c. 117, | 13.
12 Stat 813. Mont, Act May 26. 1864. c 96, | 13, 13 SUt 91. Wyo., Act
July 26, 1868, c 236, | 16, 16 SUt 183.

This section was not to apply to the Philippine Islands, by a provision of
Act July 1, 1902, c. 1869, | 1, post, | 3804.

The nature and effect of alcoholic drinks and narcotics on the human system
were required in the public achools of the Territories, by Act May 20, 1881^ c
862, poet, H 987^-9381.

§ 3523. (Act April 29, 1902, c. 637.) Provisions of R. S. §§ 4197-
4200, requiring statements of goods carried by vessels clearing
to foreign ports, applicable to trade between United States and
noncontiguous territories, etc.
The provisions of sections four thousand one hundred and ninety-
seven to four thousand two hundred, inclusive, of the Revised Stat-
utes of the United States, requiring statements of quantity and
value of goods carried by vessels clearing from the United States
to foreign ports, shall be extended to and govern, under such reg-
ulations as the Secretary of the Treasury shall prescribe, in the
trade between the United States and Hawaii, Porto Rico, Alaska,
the Philippine Islands, Guam, and its other noncontiguous terri-
tory, and shall also govern in the trade conducted between said is-
lands -and territory, and in shipments from said islands or terri-
tory to other parts of the United States : Provided, That this law
shall not apply in the Philippine Islands during such time as the
collectors of customs of those islands are under the jurisdiction of
the War Department. (32 Stat. 172.)

This was an act entitled ''An act to fadlitata the procurement of ttatiaticfl
of trade between the United Statet and ita noncontiinioos territory.
R. S. U 4197-4200, mentioned in tbia act, are aet forth, poat. If 7780-7W2.
The laws relating to entrj, clearance, and manifeata of Teaaela arriTing from
or going to foreign porta, were made applicable to voyages each way between
the Philippine Islands and the Ignited States, and the posse^aiona thereof,
by a provision of Act Joly 1« 1002, c 1309, | 84, post, | 3905.

(1392)



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Ch. 2) THE TERRITORIES AND INSULAR POSSESSIONS § 3527

§ 3524. (R. S. § 1892.) Penitentiaries.

Any penitentiary which has been, or may hereafter be, erected
by the United States in an organized Territory shall, when the same
is ready for the reception of convicts, be placed under the care and
control of the marshal of the United States for the Territory or Dis-
trict in which such penitentiary is situated.
Act Jan. 10, 1871, c 15, | 1, 15 Stat. 398.

A further clause of this section excepting therefrom the penitentiaries in
Montana, Idaho, Wyoming, and Colorado, was superseded by the admission
of those Territories into the Union as stated, and is therefore omitted.

§ 3525. (R. S. § 1893.) Rules for their government.

The Attorney-General of the United States shall prescribe all
needful rules and regulations for the government of such peniten-
tiary, and the marshal having charge thereof shall cause them to be
duly and faithfully executed and obeyed, and the reasonable com-
pensation of the marshal and his deputies for their services under
such regulations shall be fixed by the Attorney-General.
Act Jan. 10, 1871, c. 15, | 2, 16 Stat 89a

§ 3526. (R. S. § 1894.) Payment of marshal, etc., and of expenses
of subsistence, etc., of offenders.
The compensation, as well as the expense incident to the subsist-
ence and employment of offenders against the laws of the United
States, who have been, or may hereafter be, sentenced to imprison-
ment in such penitentiary, shall be chargeable on, and payable out
of, the fund for defraying the expenses of suits in which the United
States are concerned, and of prosecutions for offenses committed
against the United States; but nothing herein shall be construed
to increase the maximum compensation now allowed by law to
those officers.

Act Jan. 10, 1871, c 15, | 2, 16 Stat 898.

§ 3527. (R. S. § 1895.) Imprisonment in penitentiaries.

Any person convicted by a court of competent jurisdiction in a
Territory, for a violation of the laws thereof, and sentenced to im-
prisonment, may, at the cost of such Territory, on such terms and
conditions as may be prescribed by such rules and regulations, be
received, subsisted, and employed in such penitentiary during the
term of his imprisonment, in the same manner as if he had been
convicted of an offense against the laws of the United States.
Act Jan. 10, 1871, c. 15, t 8, 16 Stat. 398.



CHAPTER TWO
Provisions Concerning Particular Organized Territories

(R. S. §§ 1896-1953. Superseded.)
This chapter of the Revised Statutes included sections 1896-1953 thereof,
containing provisions relating to the territories then organized or to one or
more of them. Said territories were Utah, New Mexico, Washington, Colorado,

Comf.St.'18-88 (1393)



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THB TDRRITORIBS AND INSULAR POSSESSIONS (Tit 23

Dakota, Arizona, Idaho, Montana, and Wyoming, all of which were after-
ward admitted to the Union as States. See note at end of Title XXII. **Tbe
States.*' The provisions of this chapter were saperteded thereby, and are
therefore omitted.



CHAPTER THREE

Provisions Relating to the Unorganized Territory of

Alaska

(R. S. §§ 1954-1976- Superseded and transferred.)
This chapter of the Revised Statutes included sections 1964-1976 thereof
R. S. I 1954, extended the laws of the United States relating to costoms, com*
merce, and navigation to the Territory. It was superseded by subsequent
similar provisions, and particularly by the more comprehensive provisions
extending the constitution and laws of the United States to the organized Ter-
ritory of Alaska, of Act Aug. 24, 1912, c. 387, ff 1, 3. post, |f 3528, :)530.
R. S. f 1055, provided for restriction or prohibition of the importation and use
of fire-arms, ammunition, and distilled spirits into and within the Territory.
It was repealed by Act March 3, 1899, c. 429, | 142, 30 Stat 1274. R. S. U
1954, 1955, are therefore omitted.

The remaining sections of this chapter, R. S. | 1956-1976, restricted and
regulated the killing of certain fur-bearinsf animals and of fur seals in the
Territory or the waters thereof. They were to a great extent amended and
re-enacted or otherwise superseded, or were repealed, by subsequent acts, par-
ticuUriy Act March 8, 1899, c. 429, U 173-178, 30 Stot. 1279, and Act April
21, 1910, c. 183, 36 Stat 326. The provisions remaining in force of said
sections and of the acts mentioned and other acts relating to the subj<H:t, are
placed under Title LVI D, ^'Protection of Fur Seals and Other Fur-liearing
Animals."



CHAPTER THREE A
Alaska

The territory ceded to the United States by Russia by the Treaty of March
30, 1807, 15 Stat. 539, remained until 18S4 unorganized, subject to provisions
of Act July 27, 18<{8, c. 273, 15 Stat. 240, and subsequent acts, most of which
were incorporated into R. S. || 1!>54-1976. It was constitute a civil and
judicial district, and a civil government therefor was established, by Act May
17, 1884, c. 53, 23 Stat 24, which provided for a governor and other officers
and for a district court for said district. A Criminal Code and Code of Crim-
inal Procedure for the Dii^trict were enacted by Act March 3, 1899, c. 421),
30 Stat 1253. Further provisions for a civil government, including a Code of
Civil Procedure and a Civil Code, were made by the Carter Act of June 6,
1000, c 786, 31 Stat 321. And it was constituted the Territory of Alaska,
and further provisions for its government, including the creation of a legisla-
tive assembly, were made by Act Aug. 24, 1912, c 887, 37 Stat 612.

See notes at beginning of this Title.

Sec Sec.

.'(528. Alaska Territory organised. 3533. Convening and sessions of legisla-

3529. Capital at Juneau. ture.

3530. Constitution and laws of United 3534. Organization of the legislature.

States extended. 35.'!5. Enacting clause; subject of act

3531. The legislature. 3536. Legislative power; limitations.

3532. Election of memberi of the leg- 3037. Rules, quorum and majority.

islature.

(1304)



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CIi.Sa) THB TBBBIT0RIE8 AND INSULAR POSSB8SION8



3538. Legridator sh'all not hold other

office.

3539. Exemptions of legislatort.

3540. Passage of laws.

3541. The veto power.

3542. Payment of legislatiye expenses.

3543. Laws transmitted to President

and printed.

3544. Laws shall be submitted to Con-

gress.
3546. Delegate from Alaska; qualifica-
tions; powers, privileges, and
compensation.

3546. Voters; qualifications.

3547. Election districts in towns; dec-

don officers; polling places; no-
tices of election.

3548. Election districts outside of

towns; duties of commission-
ers; voting precincts; notices of
election; judges of election.

3549. Judges of election to constitute

election board; duties; oath;
authority to administer oaths
to voters, etc; performance of
duties of derks of election.

3550. Watchers at polls authorized.

3551. Filling vacancies in election board

at time for election.

3552. Hours for voting; ballots, and

form thereof; casting ballots;
register of votes.

3553. Challenges; oath required of vot-

er; acceptance or rejection; pun-
ishment for swearing falsely.

3554. Canvass of votes; certificates of

result, and disposition thereof
and of registers of voters, etc;
preservation of documents.

3555. Canvassing board for Territory;

making canvass; declaration of
result.

3556. Fees; publication of election no-

tices in newspapers; posting
notices in voting precincts; ren-
tal of polling places; compen-
sation of dection officers.

3557. Payment of election expenses;

certification with vouchers; au-
dit.

3558. Hindering, etc., voting, illegal

voting, intimidation, bribery,
etc., changing dection returns,
etc., and neglect or violation of
duty by officers of election, pun-
idiable; jurisdiction of offenses.

3569. Election of Delegates.

3560. Qovemor; authority in general;
inquiry into, seal killing, etc.,
operations, and reports to Con-
gress thereon; reports to the



Sec

President of official acts, etc.;
appointment of notaries public.

8561. Surveyor-general to be ex officio

secretary; duties as secretary.

8562. Fees for services as secretary.

3563. Secretary's bond.

3564. District court; judges, salary,

residence, etc.; divisions of
court, to be also recording divi-
sions; terms of court; inter-
preters, stenographers, and ex-
penses of court; notice of terms.

3565. Jurisdiction of divisions of dis-

trict court; change of place of
trial of actions, civil or crimi-
nal.

3566. Clerics and commissioners; ap-

pointment, etc.; duties and pow-
ers of commissioners; records
of commissioners.

3567. Clerks; duties; receipt and dis-

position of fees and other mon-
eys; ex officio recorders and
registers of wills; records; dep-
uties and clerical assistants.

3568. District attorneys; duties; sala-

ries; assistants, etc.; filling va-
cancies in office.
8569. Marshals; deputy marshals, office
deputies, and assistants, etc.;
authority, powers, and duties of
marshals and deputy marshals.

3570. Marshals.

3571. Marshals; increase of amount of

bond.

3572. Appointment of governor, survey-

or-general, attorneys, judges,
and marshals, and their com-
pensation; clerks* fees and dis-
IK)dtion thereof, and clerical
assistance; traveling expenses
of officers; surveyor-general to
act in case of death, etc, or ab-
sence of governor.

3573. Accounts of fees and expenses of

com«nissioners and deputy mar-
shals; excess of net fees to be
paid to derk for court expenses.

3574. Clerks' bonds.

3575. Recording districts within record-

ing divisions; designation of
commisdoner as ex officio re-
corder; clerk to l)e ex officio re-
corder of portion of division not
within recording district; chang-
es, etc, of recording districts.

3576. Record books, etc.; duties of re-

corders as to books, records, etc

3577. Instruments, etc., to be recorded;

time for recording notices of lo-

(1395)



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THB TBRBITOBIB8 AND IN8UL4B POSSESSIONS (Tit. 23



cation of mininf cUimt; plaot
of recording inttmments.

8678. Accounts for fees collected for in-
struments unrecorded; punish*
ment for failure to account; li-
ability of officers and bonds-
men; unrecorded instruments to
be recorded by officer's succes-
sor.

8579. Notaries public; residence; tsm
of office.

3580. Nouries public; duties.

858JL ProtesU of notaries of bills of
ezchanfe or promissory notes;
effect ss evidence.

8582. Nouries' records; deposit in of-

fice of clerk*

8583. Notaries' records; duties of clerk;

copies, and effect thereof as sTi-
dence.

8584. Notaries' bonds.

8585. Nouries; qualification and oom-

misslon.
8588. Notaries; liability for misconduct
or neglect.

8587. Fees of officers for services re-

quired or authorised for which
no «'ompensation is provided.

8588. Use of public buildings for court

rooms and offices; construction
and repair of jails; construction
of building for court where suit-
able court room not available;
construction of court building
or jail to be authorised by the
A ttomey-OeneraL

8589. Historical library and museum;

fees for admissions to the bar,
for commissions to notaries
public, and other fees, etc., to
constitute fund therefor; mat-
ters to be embraced in collec-
tion; accoonu of receipts and
disbursements.

8690. SecreUry's fees to be disbursed

for benefit of historical library
and museum.

8691. Historical library and museum a

designated depository of govern-
ment publications.

8692. Alaska fund; moneys derived from

liquor, trade, etc, licenses, out-
side of incorporated towns, to
constitute fund; apportionment
to public schools, relief of indi-
gent, etc., persons, and wagon
roads, bridges, etc; collection
of fees; division of portion of
fund for relief of indigent, etc,
persons, among district judges,
and distributisn, stc« thmttt
by vham.

(1396)



8m.
8598.



8594.



8595.

8696.
8597.

869a



Appropriation of moneys of Alas-
ka fund for purposes mantionsd
in act

Board of road oommissiontrs; ds-
tail or designation from officers
of Army; powers and duties;
contracts upon bids for cerUin
work; supervision and exami-
nation of and report on work;
payment of cost, etc, of work;
limiUtion of amount; reim-
bursement of exp ens es of mem-
bers of board.

Bond overseers; appointment and
filling vacancies; road districU;
creation, and record of bounda-
ries.

Boad overseers; term of office;
qualification.

Boad overseers' duties; accounts;
refusal to serve and penalty;
delivery to successor of moneys,
records, etc, and penalty.

Boad overseers' duties; warning
to male residenU to work on
roads; notice of time, place, etc,
for work; failure to perform
work, and punishment for neic
lect or refusal; performance of
road tax, and receipt for labor.

Boad overseers' duties; annual
report.

Boad overseers' duties; neglect or
refusal to perform or giving
false receipt; penalty, and pros-
ecution therefor.

Boad overseers' compensation:
per diem; oaths, acknowledg-
ments, filing papers, etc, to be
free of cost; copies of act iind
blank forms to be furnished by
clerk of district court.

Copies of act and of other road
and trail laws to be furnished
by Attomey-Qeneral to clerks
of district court for use of road



8599.
8600.

8601.
8602.



8608. Qovemor to be superintendent of
public instruction.

8604. School districts in incorporated

towns, to be esUblished by com-
mon council; school board, their
election, term of oflice, etc; ex-
penditure of school moneys;
treasurer's bond; employment
of teachers and maintenance of
schools.

8605. School districU outside incorpo-

rated towns, to be established
by clerk of district court; peti-
tion therefor, and order esUb-
Usbing district with notice of



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Ch.3A)



THB TBBBITOBmS AND INBULAB P088B88ION8



8«c



8606.
3807.

8608.
3609.



8610.



8611.

3612.
3613.
3614.
3615.

3616.



election; school board, their elec-
tion and qnalification; treasur-
er's bond; powers of board;
term of officer; certificate of
election, oath, etc^ to be filed;
reports of board; apportionment
of portion of Alaska fund for
construction and equipment of
schoolbousee and for payment
of teachers, expenses, etc.

School districts in incorporated
towns; reports of derlis.

Schools to be devoted to educa-
tion of white, etc., children;
provisions for education of Bs-
kimos and Indians.

Teachers and other employ^ of
Bureau of ESducation in Alaska;
permission to make assignments
of pay, and reimbursement for
expenses, authorised.

Designation of employes of school
service as special peace officers;
authority to arrest natives for
violations of Oriminal Ck)de; ar-
rest without warrant, and pro-
ceedings thereon; fees, etc., not
allowed; expenses allowed.

Insane persons; commitment to
asylum or sanitarium; proceed-
ings; trial by jury; examina-
tion by physician or surgeon;
witnesses; verdict; warrant of
commitment; compensation of
officers, etc; payment of ex-
penses.

Insane ];>er8ons; contract fpr care
and custody in asylum, etc, to
be made by Secretary of Inte-
rior; appropriations therefor to
be made annually.

Government wharf at Sitka; dock-
age and wharfage charges; rates,
coUection, and disposition.

Reindeer to be turned over to
missions or natives; sales of
surplus males.

Protection of eggs of certain wild
birds; violation of provisions a
misdemeanor; punishment

Protection of game; game defin-
ed; act not to affect laws re-
lating to fur seals, etc., or pre-
vent killing of game for food,
etc

Open game seasons for certain
animals and birds; caribou on
Kenai Peninsula; Secretary of
Agriculture authorized to make
regulations prohibiting sale of
game, modifying dose seasons.



See.



3617.



8618.



8619.



3620.



3621.



3622.
3623.

8624.

8626.
3626.

8627.

8628.



or further restricting, etc., kill-
ing of game animals or birds,
in any locality.

Limitations of numbers of cer-
tain animals or birds to be kill-
ed by one person; restrictions
on hunting with dogs, guns or
boats.

Sale or purchase, etc., of hides,
skins, or heads of game animals
or birds, during dose season,
prohibited.

Hunting licenses for nonresidents,
with shipping coupons; ship-
ping licenses; affidavits for
shipment; licenses for hunting
and shipping big game; disposi-
tion of proceeds from licenses;
estimates for enforcement of
act; reports of licenses, etc.;
employment of game wardens;
regulatioa and licensing of
guides.

Shipments of wild birds, or of
heads, hides or carcasses of
certain animals unaccompanied
by required license or coupon
or copy of affidavit, unlawful;
collections for sdentific purpos-
es, etc, under permit, etc., not
to be prevented.

Violation of provisions of act, or
making false affidavit, a misde-
meanor; forfeiture of game,
guns, etc., and punishment; en-
forcement of act by officers; ar-
rests without warrant, and sei-
sures of game, etc.; duty of
Secretary of Treasury to aid
in carrying out provisions of
act

Open season for certain game
birds extended.

Fishing by aliens in waters of
Alaska, except with rod, spear,
or gaff, unlawful; sale of fish to
aliens, and employment of al-
iens as laborers, not restricted.

Penalty for vidations of act; lia-
bility of vessels, etc.

Jurisdiction of prosecutions.

Searches and seizures of vessels
and arrests of persons violating
act.

Regulations to carry act into ef-
fect; enforcement of provisions;
treaties, etc., not affected.

License taxes on business of can-
ning, curing, etc, fish or manu-
facturlBf flak products in Alas-
ka.

(1397)



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§ 3528



THB TBBRITOBIB8 AND INSULAR P088B88I0N8 (Tit 23



Sec
8629.



8681.
8632.



3638.

3684.
8685.



Exemption from UcenBo feet and
Uzation of owners of private
salmon hatcheries in proportion
to fry liberated; inspection and
approval of hatcheries; proof
and certificates of amount of
fry liberated.

Stationary obstructions in cer-
tain waters for capturing salm-
on, or preventing or impeding
their ascent to their spawning



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 28 of 150)