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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 31 of 150)
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governing such election. (37 Stat. 517.)

Act May 7, 1906^ c. 283, meDtioned in this section, is set forth ante, H
3545-3558.

§ 3560. (Act June 6, 1900, c. 786, § 2.) Governor; authority in
general; inquiry into seal killing, etc., operations, and reports
to Congress thereon; reports to the President of official acts,
etc.; appointment of notaries public.
There shall be appointed for the district a governor, who shall
reside therein during his term of office and be charged with the
interests of the United States Government within the district. To
the end aforesaid he shall have authority to see that the laws en-
acted for the district are enforced and to require the faithful dis-
charge of their duties by the officials appointed to administer the
same. He may also grant reprieves for offenses committed against
the laws of the district or of the United States until the decision of
the President thereon shall be made known. He shall be ex officio
commander in chief of the militia of the district, and shall have
power to call out the same when necessary to the due execution
of the laws and to preserve the peace, and to cause all able-bodied
citizens of the United States in the district to enroll and serve as
such when the public exigency demands; and he shall perform
generally in and over said district such acts as pertain to the office
of governor of a Territory, so far as the same may be made or be-
come applicable thereto.

* * The governor shall from time to time inquire into the opera-
tions of any person, company, association, or corporation authorized
by the United States, by contract or otherwise, to kill seal or other
fur-bearing animals in the district, and any and all violations by
such person, company, association, or corporation of the agree-
ment with the United States under which the operations are being
conducted, and shall annually report to Congress the result of
such inquiries.

He shall make an annual report, on the first day of October in
each year, to the President of the United States, of his official acts
and doings, and of the condition of the district, with reference to
its resources, industries, population, and the administration of the

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§ 8560 THB TBRRITORIB8 AND IN8ULAB P088B88I0N8 (Tit 23

Civil government thereof. And the President of the United States
shall have power to review and to confirm or annul any reprieves
granted or other acts done by him.

The governor may appoint and commission one or more notaries
public for the district, and appointments of notaries public here-
tofore made by him are hereby legalized, and all acts performed
by them by virtue of their notarial commissions shall be for all pur-
poses as valid as though the governor had at the time full and com-
Slete legal authority to appoint and commission them. (31 Stat.
21.)

ThiB lection wa« lection 2 of TiUe I of the Carter Act, dted above, en-
titled **An act making further proTiaion for a dril govenunent for Al a sk a,
and for other porposea.*'

This act was divided into three Titles: Title I, conUining proTisions for
the government of Alaska; Title* II, constituting a Code of Civil Procedure:
and Title III, entitled **Civil Code for the District of Alaska." Said Titles
II and III were separately divided into numerous chapters and sections. Their
provisions are omitted, as merely local in their operation.

Section 1 of Title I of the act, preceding this section, prorided that the
Territory should constitute a civil and Judicial district, the government of
which should be organised and administered as afterwards provided by the
act, and prescribed the place for the seat of government It was superseded
by provisions of the same nature of Act Aug. 24, 1912, c 387, || 1 - 3, ante,
H 3528-3530.

The second paragraph of this section, omitted here, making it the duty of
the Governor, subject to the direction and approval of the Secretary of the
Interior, to advertise for and receive bids and contract for the care and
custody of persons legally adjudged insane, was superseded by provisions
iinposiiiif similar duties on the Secretary of the Interior, made by Act April
28, 1904, c. 1773, 33 Stat 526, and Act Feb. 6, 1909. c 80, | 7, post, | 8611.
The third paragraph of this section, requiring the Governor to inquire into
the operations of any person, etc., or corporation authorised by the United
States to kill seal or other fur-beanng animals in the District, and to report
thereon, was superseded, so far as It relates to such killing of fur seals, by
Bi>bKe<|uent provisions for regulating the killing of fur seals and the taking
of sealskins on the Pribilof Islands, the right to be exercised by officers, agents,
etc., of the United States, made by Act April 21, 1910, c 183, post, H HSTiO-
8858. And all killing of fur seals in Alaska was suspended for a period of
five years by Act Aug. 24, 1912, c 373, | 11, post, | 88aa

Other provisions of said Title I of the act, relating to the government
of the Territory in general, are set forth post, || 3561, 3564-3569, 8572-^3589,
8591.

§ 3561. (Act June 6, 1900, c. 786, § 3.) Surveyor-general to be ex
officio secretary; duties as secretary.
The surveyor-general of the district snail be ex officio secretary
thereof, and as such shall be custodian of the district seal, whicn
shall be provided by the Attorney-General. The surveyor-general,
as ex oftkio secretary of the district, shall perform the official du-
ties required by law to be performed by the secretary of a Territory
of the United States, in so far as applicable to said district, and
such other duties as may be required by law. (31 Stat. 3J2.)
See notes to section 2 of this act, ante, | 3560.

§ 3562. (Act March 3, 1905, c. 1497, § 1.) Feet for services as sec-
retary.
In case the law requires or authorizes any service to be perform-
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Ch. 3a) thb tbrritoribs and insular possbssions § 8564

cd or any act to be done by the secretary of the district of Alaska
and there is no provision of law requiring the payment of a fee for
such service by the person for whose benefit the same is performed,
the Secretary of the Interior may prescribe such fees for said serv-
ice as he may deem proper. (33 Stat. 1265.)

This section and the section next following were sections 1, 8, of an act
entitled *'An act to farther prescribe the duties of the secretary of the district
of Alaska, and for other purpoees."

Section 2 of the act, prescribing the disposition of the fees of the secretary,
is set forth post, | 8590.

§ 3563. (Act March 3, 1905, c. 1497, § 3.) Secretary's bond.

The secretary of the district of Alaska, before entering upon the
duties of said office, shall execute a bond with sufficient sureties,
to be approved by the Secretary of -the Interior, and in such penal
sum as the Secretary of the Interior may prescribe, conditioned up-
on the safe-keeping, faithful disbursement, and proper accounting
for all moneys from whatsoever source which may come into his
hands as such secretary. (33 Stat. 1266.)
See notes to section 1 of this act, ante, | 3562.

§ 3564. (Act June 6, 1900, c. 786, § 4, as amended, Act March 3,
1909, c. 269, § 2.) District court; judges, salary, residence,
etc.; divisions of court, to be also recording divisions; terms
of court; interpreters, stenographers, and expenses of court;
notice of terms.
There is hereby established a district court for the district of
Alaska, with the jurisdiction of circuit and district courts of the
United States and with general jurisdiction in civil, criminal, equity,
and admiralty causes; and four district judges shall be appointed
for the district, each at an annual salary of seven thousand five
hundred dollars, who shall during their terms of office reside in the
divisions of the district to which they may be respectively assigned
by the President. The court shall consist of four divisions, which
shall also be recording divisions. Division numbered one shall con-
sist of all that part of the district of Alaska lying east of the one
hundred and forty-first meridian of west longitude. Division num-
bered two shall consist of all that territory lying west of a line com-
mencing on the Arctic coast at the one hundred and forty-eighth
meridian ; thence extending south along the easterly watershed of
the Colville River to a point on the Rocky Mountain divide between
the headwaters of Colville River on the north and west and the wa-
ters of the Chandlar on the south ; thence southwesterly along the
divide between the waters of the Colville River, the Kotzebue
Sound, and Norton Sound on the north and west and the waters of
the Yukon on the south to the one hundred and sixty-first meridian
of west longitude; thence along said meridian to the Kuskokwim
River; thence southwesterly along the center of the channel of
said Kuskokwim River to Bering Sea ; the said division to include
all the islands lying north of the fifty-ninth parallel of north lati-

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§ 8564 THB TERRITORIES AND INSULAR POSSESSIONS (Tit. 2.'<

tudc. Division numbered three shall consist of all that territory
lying south and west of the line starting on the coast of the Gulf
of Alaska at the one hundred and forty-first meridian of west longi-
tude; thence northerly along said meridian to a point due east
from Mount Kimball ; thence west to summit of Mount Kimball ;
thence southwesterly along the southerly watershed of the head-
waters of Tanana River ; thence westerly along the divide between
the waters of the Gulf of Alaska on the south and the waters of the
Yukon on the north to the summit of Mount McKinley; thence
continuing westerly along the divide between the waters of the
Gulf of Alaska and Bristol Bay on the south and the waters of the
Yukon and Kuskokwim on the north to the one hundred and fifty-
ninth meridian of west longitude ; thence northwesterly to the Kus-
kokwim River on the one hundred and sixty-first meridian of west
longitude ; thence southwesterly along the center of said river to
Bering Sea ; said division to include the Alaska peninsula, the Aleu-
tian Islands, and all islands along the coast of this district south
and west of the said district and all lying south of the fifty-ninth
parallel of north latitude. Division numbered four shall consist
of all that part of the district of Alaska lying east of the second
division and north of the third division. One general term of court
shall be held each year at Juneau, and such additional terms at
other places in the first division as the Attorney-General may direct.
One general term of court shall be held each year at Nome, and
such additional terms at other places in the second division as
the Attorney-General may direct. One general term of court shall
be held each year at Valdez, and such additional terms at other
places in the third division as the Attorney-General may direct.
One general term of court shall be held each year at Fairbanks, and
such additional terms at other places in the fourth division as the
Attorney-General may direct. Each of the judges is authorized and
directed to hold such special terms of court as may be necessary
for the public welfare or for the dispatch of the business of the court
at such times and places in their respective districts as any of them,
respectively, may deem expedient, or as the Attorney-General may
direct ; and each shall have authority to employ interpreters and to
make allowances for the necessary expenses of his court, and to em-
ploy an official court stenographer at such compensation as shall
be fixed by the Attorney-General. At least thirty days' notice
shall be given by the judge, or the clerk, of the time and place of
holding the several terms of the court. (31 Stat. 322. 35 Stat. 839.)

See ootes to section 2 of this act, ante, | 3500.

This section, as originally enacted, provided for three district judges and
for three divisions of the court. The numbers of judges and of diviniona were
increased to four each, by amendment of the section by Act March 3, 1909.
c. 2«9. I 2, last cited above.

Act June 13, 1902, c. 1082, 32 Sut 385, redivided Alaska into three re-
cording and judicial divisions, prescribing the l>oundaries of said divisions.
It was superseded by said amendment of this section by Act March 3, 1909,
c 269, I 2.

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Ch. 3a) the tbrbitoribs and insular possessions g 3566

§ 3565. (Act June 6, 1900, c. 786, § 5.) Jurisdiction of divisions of
district court; change of place of trial of actions, civil or crim-
inal.

The jurisdiction of each division of the court shall extend over
the district of Alaska, but the court in which the action is pending
may, on motion, change the place of trial in any action, civil or
criminal, from one place to another place in the same division or to
a designated place in another division in either of the following
cases :

First. When there is reason to believe that an impartial trial can
not be had therein;

Second. When the convenience of witnesses and the ends of jus-
tice would be promoted by the change ;

Third. When from any cause the judge is disqualified from act-
ing; but in such event, if the judge of another division will appear
and try the action, no change of place of trial must be made ;

Fourth. By the court, on its own motion, when, considering
available means of travel, it appears that the defendant will be put
to unnecessary expense and inconvenience if summoned to defend
in the place or division in which the action has been commenced ;
and when it appears to the satisfaction of the court, or judge there-
of, that an action has been commenced in a place or division remote
from the residence of the defendant for the purpose of causing un-
necessary expense or inconvenience, the place of trial shall be
changed at the cost of the plaintiff, and such costs shall not be
recovered from the defendant.

In any criminal prosecution the court shall change the place of
trial where it appears to the satisfaction of the court that the de-
fendant will not be prejudiced thereby and that the United States
will be put to unnecessary expense in such criminal prosecution if
the transfer is not made. (31 Stat. 323.)

See notes to section 2 of this act, ante, § 3560.

§ 3566. (Act June 6, 1900, c. 786, § 6.) Clerks and commissioners;
appointment, etc.; duties and powers of commissioners; rec-
ords of commissioners.

The respective judges of the court shall appoint, and at pleasure
remove, clerks and commissioners in and for the district, who shall
have the jurisdiction conferred by law in any part thereof, but
who shall, during their terms of office, each reside at the place in
the district designated in the respective orders of appointment.

The commissioners shall be ex officio justices of the peace, re-
corders, and probate judges, and shall perform all the duties and
exercise all the powers, civil and criminal, imposed or conferred on
the United States commissioners by the general laws of the United
States and the special laws applicable to the district.

They shall also have power to grant writs of habeas corpus for
the purpose of inquiring into the cause of restraint of liberty, which
writs shall be made returnable before a district judge, and like pro-
ceedings shall be had thereon as if the same had been granted by

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§ 8S66 THB TBBRITORIEUI AND INSULAR P088B88ION8 (Tit. 23

the judge under the general laws of the United States in such cases.
The commissioners shall also have the powers of notaries public,
and shall keep a memorandum of all deeds and other instruments
of writing acknowledged before them and relating to the title to
or transfer of property within the district, which memorandum
shall be subject to public inspection* And all records of instru-
ments of writing hitherto made by any United States commissioner
in the district of Alaska arc hereby declared to be public records of
such district and shall have the same force and effect as if recorded
in conformity with the provisions of this Act

The commissioners shall also keep a record of all fines and for-
feitures received by them, and shall pay over the same quarterly
to the clerk of the division of the district court in which they were
appointed. (31 Stat. 323.)

See notes to tection 2 of this act, ante, | 3560.

The Attorney-General wa« authoriied and directed to prescribe A scbedale

of feet for senricet of the commissioners acting as ex officio probata judges,

by Act March 8, 1909, c 269, | 9, 36 Sut 842.

§ 3567. (Act June 6, 1900, c 786, § 7, at amended. Act March 3,
1909, c. 269, § 3.) Clerks; duties; receipt and disposition of
fees and other moneys; ex officio recorders and registers of
wills; records; deputies and clerical assistants.
Four clerks shall be appointed for the court, one of whom shall
be assi^ed to each division thereof, and during his term of office
shall reside at such place in the division as the Attorney-General
may direct. Each clerk shall, in his division of the district, per-
form the duties required or authorized by law to be performed by
clerks of the United States courts in other districts, and such other
duties as may be prescribed by the laws of the United States relat-
ing to the district of Alaska. He shall preserve copies of all laws
applicable to the district and shall preserve all records and record
all proceedings and official acts of his division of the court. He
shall also collect and receive all moneys arising from the fees
of his office, from licenses, fines, forfeitures, judgments, or on any
other account authorized by law to be paid to or collected by him,
and shall apply the same, except the money derived from licenses,
to the incidental expenses of the proper division of the district
court and the allowance thereof as directed in written orders, duly
made and signed by the judge, and shall account for the same in
detail, and for any balances on account thereof, under oath, quar-
terly, or more frequently if required, to the court, the Attorney-
General, and the Secretary of the Treasury : Provided, That moneys
accruing from violations of the customs laws, civil customs cases,
or internal-revenue cases, moneys, not including costs, accruing
from civil post-office suits, fines in criminal cases for violations of
the postal laws, the net proceeds of sales of public property under
section thirty-six hundred and eighteen. Revised Statutes as amend-
ed, and other moneys the disposition of which is otherwise specially
provided for by law, shall not be available for the expenses of the
court, but shall be paid over or deposited as provided by law for

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Ch. 3a) thb tbbbitobibs and insular possessions § 3568

other districts. And after all payments ordered by the judge shall
have been made, any balances remaining in the hands of the clerk
shall be by him deposited to th€ credit of the United States and be
covered into the Treasury of the United States at such times and
under such rules and regulations as the Secretary of the Treasury
may prescribe. The clerk shall be ex officio recorder of instru-
ments as hereinafter provided and also register of wills for the
division, and shall establish secure offices for the safe-keeping of
his official records where terms of his division of the court are
held. He may appoint necessary deputies and employ other neces-
sary clerical assistance to aid him in the expeditious discharge of
the duties of his office, with the approval and at compensation to
be fixed by the court or judge, subject to the approval of the At-
torney-General. Any person so appointed or employed shall be
paid by the clerk on the order of the judge, as other court ex-
penses are paid. (31 Stat. 324. 35 Stat. 840.)

See notes to section 2 of this act, ante, | 3550.

This section, as originally enacted, provided for the appointment of three
clerks, one of them to be assigned to each of the three divisions then exist-
ing. The number of clerks was increased to four, and provisions respecting
the disposition of fees and other moneys, additional to those originally includ-
ed in the section, and for the appointment of deputies, etc., were added by
amendment, by Act March 3, 1909, c. 269, | 3, last cited above.

R. S. I 3618, mentioned in this section, providing for the disposition of
proceeds of sales of old material, etc, is set forth post, |



§ 3568. (Act June 6, 1900» c. 786, § 8» as amended, Act March 3,
1909, c. 269, § 4.) District attorneys; duties; salaries; as-
sistants, etc. ; filling vacancies in office.
Four district attorneys shall be appointed for the district, one
of whom shall be assigned to each division and shall reside at such
place in the division as the Attorney-General shall direct. They
shall each perform the duties required to be performed by United
States district attorneys in other districts, and such other duties
as may be required by law; and they shall each receive a salary
of five thousand dollars per annum and shall not while in office ac-
cept retainers or engage in any other law business in the district
than that pertaining to the duties of their office. The Attorney-
General may, upon the recommendation- of the district attorney,
appoint and at pleasure remove one or more assistant district at-
torneys and one or more clerical assistants, who shall receive such
compensation as the Attorney-General may fix, to be paid as other
assistant United States district attorneys, and clerical assistants
are paid. In the case of the death or disability of a district attor-
ney the judge may appoint a suitable person to fill the office until
his successor is appointed and qualified or until the disability is
removed. (31 Stat. 324. 35 Stat. 841.)

See notes to section 2 of this act, ante, | 3560.

This section, as originally enacted, provided for the appointment of three
district attorneys, one of them to be assigned to each of the three divisions
then existing. The number was increased to four, and other changes in the
provisions of the section were made by amendment, by Act March a, 1909,
c 269, I 4, last cited aboye.

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B S569 TUB TBBBITORIB8 AND INSULAR P088B8SION8 (Tit. 23

§ 3569. (Act June 6, 1900, c. 786, § 9.) Marshals; deputy marshals,
office deputies, and assistants, etc.; authority, powers, and
duties of marshals and deputy marshals.

A marshal shall be appointed for each division of the district,
and each marshal shall have authority and be required to appoint,
subject to the approval of the Attorney-General, such deputy mar-
shals as he may deem necessary for the efficient execution of the
law and the orders of the court and of the commissioners appointed
as herein provided.

That when in the opinion of the Attorney-General the public in-
terest requires it, he may, on the recommendation of the marshal,
which recommendation shall state the facts as distinguished from
conclusions, showing necessity for the same, allow the marshals to
employ necessary office deputies and clerical assistance, upon sala-
ries to be fixed by the Attorney-General, from time to time, and
paid as other officers of the court arc paid. When any of such of-
fice deputies is engaged in the service or attempted service of any
writ, process, subpoena, or other order of the court, or when nec-
essarily absent from the place of his regular employment upon of-
ficial business, he shall be allowed his actual traveling expenses
only, and his necessary and actual expenses for lodging and sub-
sistence, not to exceed four dollars per day, and the necessary ac-
tual expenses in transporting prisoners, including necessary guard
hire; and he shall make and render accounts thereof as provided
for.

Each marshal shall have the general authority and powers and
be subject to the obligations of United States marshals in the States
and Territories. He shall be the executive officer of the court, and
charged with the execution of all processes thereof and with the
transportation and custody of prisoners and insane persons, and
he shall be ex officio keeper of the jails and penitentiaries of the
division of the district to which he may be assigned, and shall be
responsible on his official bond for the acts of all deputy marshals
appointed by him. In case of the death of a marshal the district
judge shall appoint a suitable person to fill the vacancy until his
successor is appointed and qualified. The persons so appointed



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 31 of 150)