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 33 of 150)
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reservation or Congress shall otherwise direct, and the sentence of
imprisonment in any criminal case shall be carried out by confine-
ment in the penitentiary or jails herein provided for, or as provided
in section fifty-five hundred and forty-six of the Revised Statutes
of the United States.

Where a suitable court room is not available or can not be ob-
tained at reasonable rental at the place or any of the places where
terms of the court are held, the court may enter a like order of
reservation and direct the construction of a suitable building where
the sessions of the court may be held, the cost of such building
not to exceed in any case the sum of five thousand dollars, the
same to be paid and proceedings to reserve the land to be as in the
case of the reservation of ground and construction of jail, as here-
inbefore provided: Provided, No court building or jail shall be
constructed in any division of the district without authority from
the Attorney-General, to whom the clerk shall furnish a verified
account in detail of all expenditures made by him for buildings,
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Ch. 3a) thb tbrritobibs and insular possessions § 3590

repairs, or other purposes, together with his authority for each
payment made. (31 Stat. 332.)

R. S. I 5646, mentioned in this section, is set forth post, | 10547.

§ 3589. (Act June 6, 1900, c. 786, § 32.) Historical library and mu-
seum ; fees for admissions to the bar, for commissions to nota-
ries public, and other fees, etc., to constitute fund therefor;
matters to be embraced in collection; accounts of receipts
and disbursements.
For each certificate issued to a member of the bar, authorizing
him to practice law in the district, a fee of ten dollars shall be paid
to the clerk of the court, which shall be by him promptly remit-
ted to the secretary of the district, and at the same time the clerk
shall advise the governor of such remittance. For each commission
issued to a notary public a fee of ten dollars shall be paid to the
secretary of the district. The fees received by the secretary under
this section and under chapter seventy-four of title two shall be
by him retained and kept in a fund to be known as the district
historical library fund. The fund thiTs collected shall be disbursed
on the order of the governor for the purpose of establishing and
maintaining the district historical library and museum. The same
shall embrace copies of all laws relating to the district, and all
papers and periodicals published within the district, and such other
matter of historical interest as the governor may consider valuable
and appropriate for such collection. The collection shall also em-
brace such curios relating to the aborigines and the settlers as may
be by the governor deemed of historical importance. The collec-
tion thus made shall be described by the governor in the annual
report of the governor to the Secretary of the Interior, and shall
be by him kept in a secure place and turned over to his successor
in office. The secretary of the district and the governor shall each
annually account to the Secretary of the Interior for all receipts
and disbursements in connection with such historical library and
museum. (31 Stat. 333.)

Section 726 of this act under title 2, c. 73, thereof, 31 Stat. 446, required
the secretary to collect five dollars for each certificate of appointment of a
commissioner to take acknowledgment of deeds made under that chapter
and disburse the same as provided in this section.

All fees received by the secretary as such were to be disbursed on the order
of the governor for the benefit of the historical library and museum, as provided
in this section, by Act March 3, 1905, c 1407, § 2, post, § 3590.

§ 3590. (Act March 3, 1905, c. 1497, § 2.) Secretary's fees to be
disbursed for benefit of historical library and museum.
All fees received by the secretary of the district of Alaska as
such secretary, from every source whatsoever, shall be disbursed,
on the order of the governor of the district of Alaska, for the benefit
of the Alaska Historical Library and Museum, as provided in sec-
tion thirty-two, chapter one, title one, of an Act approved June
sixth, nineteen hundred, entitled "An Act making further provision
for a civil government for Alaska, and for other purposes;" and

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§ 8590 THS TaRBITOBIBS AND INSULAR P088B88I0N8 (Tit. 23

all such receipts and disbursements shall be accounted for in the
manner prescribed in said section. (33 Stat 1266.)
See note* to section 1 of thU act, ante, | 3562.

Act Jane 6, 1900, c 786, | 82, mentioned in this section, is set forth ante,
I 3589.

Provisions relating to feea for Mrrices as secretary, were made by section 1
of this act, ante, | 3562.

§ 3591. (Act June 6, 1900, c 786, § 33.) Historical library and
museum a designated depository of government publications.
The historical library and museum provided for in section thirty-
two of this title is hereby made a designated depository of publica-
tions of the Government, and shall be supplied with one copy of
each of said publications in the same manner as such publications
are supplied to other depositories. (31 Stat. 333.)

Section 82 of tliis act, mentioned in tiiis section, is set fortli ante, | 3589.

§ 3592. (Act Jan. 27, 1905, c. 277, § 1, as amended. Act May 14, 1906,
c. 2458, § 1, Act Feb. 6, 1909, c 80, § 7, and Act March 3, 1913,
c. 109.) Alaska fund ; moneys derived from liquor, trade, etc.,
licenses, outside of incorporated towns, to constitute fund; ap-
portionment to public schools, relief of indigent, etc., persona,
and wagon roads, bridges, etc.; collection of fees; division of
portion of fund for relief of indigent, etc, persons, among dis-
trict judges, and distribution, etc., thereof by them.
All moneys derived from and- collected for liquor licenses, occu-
pation or trade licenses, outside of the incorporated towns in the
Territory of Alaska, shall be deposited in the Treasury Depart-
ment of the United States, there to remain as a separate and dis-
tinct fund, to be known as the "Alaska fund," and to be wholly de-
voted to the purposes hereinafter stated in the Territory of Alaska.
Twenty-five per centum of said fund, or so much thereof as may
be necessary, shall be devoted to the establishment and maintenance
of public schools in said Territory; ten per centum of said fund
shall be, and is hereby, appropriated and authorized to be expended
for the relief of persons in Alaska who are indigent and incapaci-
tated through nonage, old age, sickness, or accident; and all the
residue of said fund shall be devoted to the construction and main-
tenance of wagon roads, bridges, and trails in said Territory:
Provided, That the clerk of the court of each judicial division of
said Territory is authorized, and he is hereby directed, whenever
considered necessary, to call upon the United States marshal of
said judicial division to aid in the collection of said license moneys
by designating regular or special deputies of his office to act as
temporary license inspectors, and it shall be the duty of said United
States marshal to render such aid ; and the said regular or special
deputies while actually engaged in the performance of this duty
shall receive the same fees and allowances and be paid in the same
manner as when performing their regular duties.

That at the end of each fiscal quarter the Secretary of the Treas-
ury of the United States shall divide the amount of said ten per
centum of said fund so received during the quarter just ended into
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Ch.3A) THE TBBBITORIB8 AND INSULAR POSSESSIONS § 3593

four equal parts, and transmit to each of the four United States dis-
trict judges in Alaska one of said equal amounts.

That each of said judges is hereby authorized to expend so much
of the money received by him under this Act as may, in his discre-
tion, be required for the relief of those persons in his division who
are incapacitated through nonage, old age, sickness, or accident, and
who are indigent and unable to assist and protect themselves:
Provided, That eacH judge shall quarterly submit to the Secretary
of the Treasury an itemized statement, with proper vouchers, of all
expenditures made by him under this Act, and he shall at the time
transmit a copy of said statement to the governor of the Territory :
Provided further. That any unexpended balance remaining in the
hands of any judge at the end of any quarter shall be returned to
the Secretary of the Treasury of the United States, and by him
deposited in the said "Alaska fund," and the said sum shall be subse-
quently devoted, first, to meeting any actual requirements for the
care and relief of such persons as are provided for in this Act in
any other division in said Territory whereiA the amount allo.tted
for that purpose has proved insufficient ; and, second, if there shall
be any remainder thereof, said remainder shall be devoted to the
construction and maintenance of wagon roads, bridges, and trails
in said Territory. (33 Stat. 616. 34 Stat. 192. 35 Stat. 601. 37
Stat. 728.)

This section, originally, was part of the Alaska Roads and Trails Act, enti-
tled "An act to provide for the construction and maintenance of roads, the
establishment and maintenance of schools, and the care and support of in-
sane persons in the district of Alaska, and for other purposes.'*

The section, as originally enacted, provided for the constitution of the
fund substantially as in the first sentence set forth here, and directed that one-
fourth of the fund, or so much thereof as necessary, should be devoted to public
schools, five per centum to the care and maintenance of insane persons, or
so much of said five per centum as might be needed, and all the residue to the
construction and maintenance of wagon roads, bridges, and trails.

It was amended by adding thereto a proviso, substantially in the language of
the proviso annexed to the first paragraph of the section as set forth here, by
Act May 14, 1906^ c 2458, | 1, cited above.

So much of the act as provided that 5 per centum of the license moneys
collected outside of incorporated towns should be devoted to the care and
maintenance of insane persons was repealed, and such 5 per centum, or so
much thereof as necessary, was directed to be applied to and used for the
maintenance of public schools, under the supervision of the governor, by
Act Feb. 8, 1009, c. 80, § 7, also cited above.

The section, as so amended, was further amended, mainly by the. addition
thereto of the provisions for expenditure of 10 per centum of the fund for the
relief of indigent and incapacitated persons described, making it read as set
forth here, by Act March 8, 1913, c 109, last cited above. Said last mentioned
act was entitled **An act to provide assistance to persons in Alaska who are
indigent and incapacitated through nonage, old age, sickness, or accident, and
for other purposes."

§ 3593. (Act March 3, 1905, c. 1483, § 1.) Appropriation of mon-
e]^ of Alaska fund for purposes mentioned in act.
Alaska fund: That the moneys described as the "Alaska fund,"
in section one of "An Act to provide for the construction and main-
tenance of roads, the establishment and maintenance of schools,

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§ 8598 THB TSBRITOBIBS AND INSULAR P088B8SION8 (Tit. 23

and the care and support of insane persons in the District of Alaska,
and for other purposes," approved January twenty-seventh, nine-
teen hundred and five, be, and the same are hereby, appropriated
out of the Treasury of the United States for the uses and purposes
in said Act mentioned. (33 Stat. 1170.)

This was a proTlsion of the luodry civil appropriatioo act for the fifical
year 1906, dted above.

The provisiona of Act Jao. 27, 1905, c 277. f 1, mentioned in thii act
relating to the Alaska Fund, are set forth, aa amended by tubaequent acta,
ante, | 3592.

Appropriationa are alto made In the annual Army appropriation acta for
conitruction and maintenance of military and post roads, bridges, and traibi in
Alaska, to be expended under the direction of the board of road commission-
ers described in Act Jan. 27, 1905, c 277, | 2, as amended by Act May 14,
1906, c 2458, | 2, post, | 3593. The provision for the fiscal year 1914 was
by Act March 2, 1913, c 93, 87 Stat 716.

§ 3594. (Act Jan. 27, 1905, c 277, § 2, as amended. Act May 14,
1906, c 2458, § 2.) Board of road commissioners; detail or
designation from officers of Army; powers and duties; con-
tracts upon bids for certain work; supervision and examina-
tion of and report on work; payment of cost, etc., of work;
limitation of amount; reimbursement of expenses of members
of board.
There shall be a board of road commissioners in said district, to
be composed of an engineer officer of the United States Army to be
detailed and appointed by the Secretary of War, and two other of-
ficers of that part of the Army stationed in said district and to be
desifj^nated by the Secretary of War. The said engineer officer
shall, during the term of his said detail and appointment, abide in
said district. The said board shall have the power, and it shall be
their duty, upon their own motion or upon petition, to locate, lay
out, construct, and maintain wagon roads and pack trails from any
point on the navigable waters of said district to any town, mining
or other industrial camp or settlement, or between any such town,
camps, or settlements therein, if in their judgment such roads or
trails are needed and will be of permanent value for the develop-
ment of the district ; but no such road or trail shall be constructed
to any town, camp, or settlement which is wholly transitory or of
no substantial value or importance for mining, trade, agricultural,
or manufacturing purposes. The said board shall prepare maps,
plans, 'and specifications of every road or trail they may locate and
lay out, and whenever more than twenty thousand dollars, in the
aggregate, shall have to be expended upon the actual construc-
tion of any road or section of road designed to be permanent, con-
tract for the work shall be let by them to the lowest responsible
bidder, upon sealed bids, after due notice, under rules and regu-
lations to be prescribed by the Secretary of War. The board may
reject any bid if they deem the same unreasonably high or if they
find that there is a combination among bidders. In case no respon-
sible and reasonable bid can be secured, then the work may be
carried on with material and men procured and hired by the board.
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Ch. 3a) thb tbrritories and insular possessions § 3595

The engineer officer of the board shall in all cases supervise the
work of construction and see that the same is properly performed.
As soon as any road or trail laid out by the board has been con-
structed and completed they shall examine the same and make a
full and detailed report of the work done on the same to the Sec-
retary of War, and in such report they shall state whether the
road or trail has been completed conformably to the maps, plans,
and specifications of the same. It shall be the duty of said board,
as far as practicable, to keep in proper repair all roads and trails
constructed under their supervision, and the same rules as to the
manner in which the work of repair shall be done, whether by con-
tract or otherwise, shall govern as in the case of the original con-
struction of the road or trail. The cost and expenses of laying out,
constructing, and repairing such roads and trails shall be paid by
the Secretary of the Treasury, through the authorized disbursing
officer of the board designated by the Secretary of War, out of the
road and trail portion of said "Alaska fund" upon vouchers approved
and certified by said board. The Secretary of the Treasury shall,
at the end of each month, send by mail to each of the members of
said board a statement of the amount available of said "Alaska
fund" for the construction and repair of roads and trails, and no
greater liability for construction or repair shall at any time be in-
curred by said board than the money available therefor at that
time in said fund. The members of said board shall, in addition to
their salaries, be reimbursed in the sums actually paid or incurred
by them in traveling expenses in the performance of their duties,
and shall be entitled to receive their actual expenses of living while
serving as members of said board within the limits of the district
and not stationed at a military post. (33 Stat. 616. 34 Stat. 192.)

See notes to section 1 of this act, ante, § 3592.

Tliis section, as originally enacted, required contract for the work to be let
'Whenever more than five thousand dollars in the aggregate shall have to be
expended oo the construction of any road or trail." That provision was
amended, to require such letting of contract "whenever more than twenty
thousand dollars, in the aggregate, shall have to be expended upon the actual
construction of any road or section of roads designed to be permanent,*' by
Act May 14, 1906, c. 2458, § 2, last cited above.

The section was also amended, by the same act, by inserting in the provi-
sion that the cost and expenses of laying out, etc., such roads and trails, should
be paid by the Secretary of the Treasury, the words "through the authorized
disbursing officer of the board designated by the Secretary of War."

The provision at the end of the section which, as originally enacted, was
"The members of said board shall, in addition to their salaries, be entitled to
receive their actual traveling expenses paid or incurred by them in the per-
formance of their duties as members of the board," was also amended by said
act so as to entitle the members of the board to receive their actual expenses
of living while serving within the district and not stationed at a military post,
as set forth here.

§ 3595. (Act April 27, 1904, c. 1629.) Road overseers; appoint-
ment and filling vacancies; road districts; creation, and rec-
ord of boundaries.
It shall be the duty of the commissioner in each precinct in the
district of Alaska, on the first Monday in the month of April in

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g 8595 THB TBRRITOBIES AND INSULAR POBSBS8ION8 (Tit 23

each year, to appoint a road overseer for the precinct in which
he resides, and create a road district in the inhabited part of said
precinct, which said district shall not include incorporated cities
and towns.

To fill all vacancies in the office of road overseer in his precinct.
To cause a record to be made defining the boundaries of said
road district. (33 Sut 391.)

The«e provitioni were part of an act entitled '^An act to aathoriie the ap-
pointment of road overteeni and to create road districts in the district of
Alaska, and for other purposes."

Further prorisions of the act relating to the office, dutiea, and compenia ti on
of said road oTerseers are set forth post, || 359&-S002.

§ 3596. (Act April 27» 1904, c 1629.) Road overseen; term of
office; qualification.

TERM OP OFFICE AND QUALIFICATION OF ROAD OVERSEERS

All road overseers shall hold office for one year and until their
successors are appointed and qualified.

Every person appointed to the office of road overseer of any
road district shall reside in the road district to which he has been
appointed, and shall, within thirty days after he shall have been
notified of his appointment, take and subscribe to an oath of office
obligating himself to the faithful performance of the duties of his
office, and shall forthwith cause such oath to be filed in the office
of the commissioner of his precinct, and in case any such road over-
seer shall become nonresident of his road district, his office shall
at once become vacant.

Each road overseer shall, before entering upon the duties of his
office, execute a bond to the United States in a sum not less than
double the amount of money which will probably come into his
hands at any time during his term of office, with two or more sure-
ties, the amount and sufficiency of the bond to be approved by the
commissioner of the precinct, conditioned for the faithful discharge
of the duties of his office, which bond shall be by him forthwith filed
in the office of the commissioner and ex officio recorder. The
approval of such bond shall be indorsed thereon by the commis-
sioner. (33 Stat. 391.)

I 3597. (Act April 27* 1904, c. 1629.) Road overseers' duties; ac-
counts; refusal to serve and penalty; delivery to successor
of moneys, records, etc., and penalty.

DUTIES OF ROAD OVERSEER

The duties of road overseer shall be such as may be prescribed
by law.

Each road overseer shall keep an accurate account of all money
received by virtue of his office and the manner in which the same
has been disbursed, and to whom, and shall, on the last Saturday
of March in each year, exhibit such account, together with his
vouchers, to the commissioner for adjustment and settlement.

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Ch. 3a) thb tbbbitoribs and insular possessions § 3698

Such account shall be in writing, verified by affidavit of the over-
seer that the same is in all respects a full and true account of all
money received by him during the full term for which he should
make settlement and the amounts expended and the manner in
which they were expended.

If any person appointed to the office of road overseer, unless un-
able from disease or other infirmity to discharge the duties of such
office, shall refuse or neglect to serve therein, he shall be liable
to a fine of twenty-five dollars; but no person so appointed who
shall have served for a- term next preceding such appointment shall
be liable to such fine for refusing to serve if he shall have given
notice in writing of refusal to the commissioner within twenty days
after having been notified of his appointment.

Every road overseer who shall, after the expiration of his term
of office, neglect or refuse to deliver on demand to his successor in
office, after such successor shall have been duly qualified according
to law, all moneys, records, books, papers, or other property ap-
pertaining to such office shall be liable to a fine of not less than
fifty nor more than five hundred dollars. (33 Stat. 392.)

§ 3598. (Act April 27, 1904, c. 1629.) Road overseers' duties;
warning to male residents to work on roads; notice of time,
place, etc., for work ; failure to perform work, and punishment
for neglect or refusal; performance of road tax, and receipt
for labor.
Road overseers of the different precincts are authorized, and it is
made their duty, to warn out all male persons between eighteen and
fifty years of age who have resided thirty days in the district of
Alaska, who are capable of performing labor on roads or trails, and
who are not a precinct charge, to perform two days' work of eight
hours each in locating, constructing, or repairing public roads or
trails, under the direction of the road overseer within whose pre-
cinct they may respectively reside, or furnish a substitute to do
the same, or pay the sum of four dollars per day for two days' labor,
and said road overseer shall receipt for the same and shall expend
it in location, construction, or repairs on the public roads and trails
within his precinct; and any moneys so received and not expended
shall be paid over to his successor in office, who shall expend the
same as above provided.

The overseer of roads and trails in each precinct shall give notice
to persons residing in his precinct liable to or charged with a road
or trail tax of the time and place and the kind of work expected to
be performed on the road or trail, and may direct what implements
such persons shall bring with which to perform such work.

Whenever it shall happen, in consequence of sickness or absence
from home, or any other cause, that the two days' work aforesaid
shall not be performed within the time specified in this Act, the
overseer shall be authorized to require the performance of such
work at any time prior to the first day of October then next en-
suing; and in case any person shall neglect or refuse to do the

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§ 8698 THB TBRRITORIBS AND IN8LLAB P088B88ION8 (Tit. 28

two days* work, or furnish a substitute, or pay in money the price
of two days' labor, as provided in this Act, he shall be deemed
guilty of a misdemeanor and shall be fined in the sum of ten dol-
lars for each day refusing so to work upon conviction before any



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 33 of 150)