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Sales of lands.
Five per cent fund for schools.
State to control schools, etc.
Lands for public improvements.
Vol. 5, p. 455.
used exclusively for the purposes of such university and agricultural college respectively.
SEC. 9. That five per centum of the proceeds of the sales of public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State. SEC. 10. That the proceeds of lands herein granted for educational purposes, except as hereinafter otherwise provided, shall constitute a permanent school fund, the interest of which only shall be expended for the support of said schools, and such land shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be surveyed for school purposes only.
SEC. 11. The schools, colleges, and university provided for in this Act shall forever remain under the exclusive control of said State, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or of the income thereof, shall be used for the support of any sectarian or denominational school, college, or university.
SEC. 12. That in lieu of the grant of land for purposes of internal improvement made to new States by the eighth section of the Act of September fourth, eighteen hundred and forty-one, which section is hereby repealed as to said State, and in lieu of any claim or demand by the State of Utah under the Act of September twenty-eighth, R. S., sec. 2479, p. 453. eighteen hundred and fifty, and section twenty-four hundred and
Vol. 9, p. 520.
Grants in lieu of for
No further grants.
Selection of lands.
Judicial district established.
seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared is not extended to said State of Utah, the following grants of land are hereby made to said State for the purposes indicated, namely:
For the establishment of permanent water reservoirs for irrigating purposes, five hundred thousand acres; for the establishment and maintenance of an insane asylum, one hundred thousand acres; for the establishment and maintenance of a school of mines in connection with the university, one hundred thousand acres; for the establishment and maintenance of a deaf and dumb asylum, one hundred thousand acres; for the establishment and maintenance of a reform school, one hundred thousand acres; for establishment and maintenance of State normal schools, one hundred thousand acres; for the establishment and maintenance of an institution for the blind, one hundred thousand acres; for a miners' hospital for disabled miners, fifty thousand acres. The United States penitentiary near Salt Lake City and all lands and appurtenances connected therewith and set apart and reserved therefor are hereby granted to the State of Utah.
The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this Act; and the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the legislature of the State may provide.
SEC. 13. That all land granted in quantity or as indemnity by this Act shall be selected under the direction of the Secretary of the Interior, from the unappropriated public lands of the United States within the limits of said State of Utah.
SEC. 14. That the State of Utah shall constitute one judicial district, which shall be called the district of Utah, and the circuit and district courts thereof shall be held at the capital of this State for the time being. The judge of said district shall receive a yearly salary of five thousand dollars, payable monthly, and shall reside in his district. There shall be appointed clerks of said courts, who shall keep their offices at the capital of said State. There shall be appointed for said district one district judge, one United States attorney, and one United States marshal. The regular terms of said courts shall be held at the
Attached to eighth
place aforesaid on the first Monday in April and the first Monday in
Powers of officers.
SEC. 15. That the circuit and district courts for the district of Utah and the judges thereof, respectively, shall possess the same powers and jurisdiction and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 16. That the marshal, district attorney, and clerks of the circuit and district courts of the said district of Utah, and all other officers and other persons performing duty in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in Compensation. other districts of the United States, and shall, for the services they may perform, receive the same fees and compensation allowed by law to other similar officers and persons performing similar duties.
Transfer of causes.
Cases pending in Su
SEC. 17. That the convention herein provided for shall have the power to provide, by ordinance, for the transfer of actions, cases, proceedings, and matters pending in the supreme or district courts of the Territory of Utah at the time of the admission of the said State into the Union, to such courts as shall be established under the constitu tion to be thus formed, or to the circuit or district court of the United States for the district of Utah; and no indictment, action, or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the preme Court. United States upon any record from the supreme court of said Territory, or that may bereafter lawfully be prosecuted upon any record from said court, may be heard and determined by said Supreme Court of the United States; and the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court hereby established within the said State from or to the supreme court of such State, as the nature of the case may require. And the circuit, district, and State courts herein named shall, respectively, be the successors of the supreme court of the Ter. etc., courts to supreme ritory as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein; and that from all judgments and decrees of the supreme court of the Territory, mentioned in this Act, in any case arising within the limits of the proposed State prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by law prior to the admission of said State into the Union. SEC. 18. That the sum of thirty thousand dollars, or so much thereof Appropriation for as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated to said Territory for defraying the expenses of said convention and for the payment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the Territorial legislature.
SEC. 19. That the constitutional convention may by ordinance provide for the election of officers for a full State government, including members of the legislature and Representative in the Fifty-fourth Congress, at the time for the election for the ratification or rejection of the constitution; but the said State government shall remain in abeyance until the State shall be admitted into the Union as proposed by this Act. In case the constitution of said State shall be ratified by the people, but not otherwise, the legislature thereof may assemble, organize, and elect two Senators of the United States in the manner now prescribed by the laws of the United States; and the governor
Succession of State, Territorial court.
Election for full State government.
and secretary of state of the proposed State shall certify the election of the Senators and Representative in the manner required by law, and when such State is admitted into the Union as provided in this Admission to Con Act, the Senators and Representative shall be entitled to be admitted to seats in Congress, and to all rights and privileges of Senators and Representatives of other States in the Congress of the United States; and the State government formed in pursuance of said constitution, as provided by the constitutional convention, shall proceed to exercise all the functions of State officers; and all laws in force made by said Territory at the time of its admission into the Union shall be in force in said State, except as modified or changed by this Act or by the constitution of the State; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States.
July 18, 1894.
apolis and Manitoba
SEC. 20. That all Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed.
Approved, July 16, 1894.
CHAP. 140.—An Act Granting to the Saint Paul, Minneapolis and Manitoba Railway Company the right of way through the White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations in the State of Minnesota.
Be it enacted by the Senate and House of Representatives of the United Saint Paul, Minne- States of America in Congress assembled, That there is hereby granted Railway Company to the Saint Paul, Minneapolis and Manitoba Railway Company, a granted right of way, corporation organized and existing under the laws of the State of MinLake, Chippewa, and nesota, and its assigns, the right of way for the extension of its railFond du Lac Indian road through the White Earth, Leech Lake, Chippewa, and Fond du
White Earth, Leech
Damages to individuals.
Lac Indian reservations in said State. Such right of way shall be fifty
SEC. 2. That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants, according to any treaties or laws of the United States, compensation, subject to the approval of the Secretary of the Interior, shall be made to such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant, the just compensation shall be determined as provided for by the laws of Minnesota enacted Damages to tribes. for the settlement of like controversies in such cases. The amount of damages resulting to the tribes of Indians, in their tribal capacity, by reason of the construction of said railroad through such lands of the reservations as are not occupied in severalty, shall be ascertained and determined in such manner as the Secretary of the Interior may direct, Secretary of the In and be subject to his final approval; but no right of any kind shall vest in said railway company in or to any part of the right of way herein provided for until plats thereof, made upon actual survey for the definite location of such railroad, and including grounds for station
terior to approve plats, etc.
buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall have been approved by the Secretary of the Interior, and until the compensation aforesaid shall have been fixed and paid. Said company is hereby authorized to enter upon such reservations for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located, constructed, and operated with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe.
SEC. 3. That the right herein granted shall be forfeited by said company unless the road shall be constructed through said reservations within three years after the passage of this Act, and provided that Congress reserve the right to alter, amend, or repeal this Act. Approved, July 18, 1894.
CHAP. 141.-An Act Making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the payment of pensions for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes, namely:
For Army and Navy pensions, as follows: For invalids, widows, minor children, and dependent relatives, Army nurses, survivors and widows of the war of eighteen hundred and twelve and with Mexico, and the survivors and widows of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, one hundred and fifty million dollars: Provided, That the appropriation aforesaid for Navy pensions shall be paid from the income of the Navy pension fund, so far as the same may be sufficient for that purpose: And provided further, That the amount expended under each of the above items shall be accounted for separately.
July 18, 1894.
Invalid, etc., pensions.
For fees and expenses of examining surgeons for services rendered within the fiscal year eighteen hundred and ninety-five, one million dollars. And each member of each examining board shall, as now authorized by law, receive the sum of two dollars for the examination of each applicant whenever five or a less number shall be examined on any one day, and one dollar for the examination of each additional applicant on such day: Provided, That if twenty or more applicants appear on one day, no fewer than twenty shall, if practicable, be examined on said day, and that if fewer examinations be then made, twenty or more having appeared, then there shall be paid for the first examinations made on the next examination day the fee of one dollar only until twenty examinations shall have been made: Provided further, That no fee shall be paid to any member of an examining board unless personally present and assisting in the examination of applicant: Provided, That the report of such examining surgeons when filed in the Pension spect report. Office shall be open to the examination and inspection of the claimant or his attorney, under such reasonable rules and regulations as the Secretary of the Interior may provide.
For salaries of eighteen agents for the payment of pensions, at four thousand dollars each, seventy-two thousand dollars.
No fee unless serv ice rendered.
Claimant may in
For clerk hire, four hundred and fifty thousand dollars: Provided, That the amount of clerk hire for each agency shall be apportioned as nearly as practicable in proportion to the number of pensioners paid at each agency, and the salaries paid shall be subject to the approval of the Secretary of the Interior, but the appointment of the clerk to sign Clerk to sign checks. official checks, who shall receive the same compensation at each agency as was paid during the fiscal year ending June thirtieth, eighteen
STAT-VOL XXVIII- -8
hundred and ninety-four, shall be made by the pension agent without
For fuel, seven hundred and fifty dollars.
For lights, seven hundred and fifty dollars.
For stationery and other necessary expenses, to be approved by the
For rents, twenty-three thousand and seventy dollars.
July 18, 1894.
R. S., sec. 2324, p.426.
CHAP. 142.-An Act To amend section numbered twenty-three hundred and twenty-four of the Revised Statutes of the United States relating to mining claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section numbered twenty-three hundred and twenty-four of the Revised Statutes of the United States, which require that on each claim located after the tenth day of May, eighteen hundred and seventy-two, and until patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year, be suspended for the year eighteen hundred and ninetyfour, so that no mining claim which has been regularly located and recorded as required by the local laws and mining regulations shall be subject to forfeiture for nonperformance of the annual assessment for the year eighteen hundred and ninety-four: Provided, That the claimant or claimants of any mining location, in order to secure the benefits of this Act, shall cause to be recorded in the office where the location notice or certificate is filed on or before December thirty-first, eighteen hundred and ninety-four, a notice that he or they in good faith intend Not applicable to to hold and work said claim: Provided, however, That the provisions of this Act shall not apply to the State of South Dakota.
Annual assessment not required, 1894.
Notice by claimant.
SEC. 2. That this Act shall take effect from and after its passage.
July 18, 1894.
Coconino County building.
CHAP, 143.-An Act Authorizing the county of Coconino, Territory of Arizona, to issue bonds for the construction of a county building at the county seat thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the board of supervisors may issue bonds for of the county of Coconino, Territory of Arizona, be, and is hereby, authorized to issue bonds of the said county not exceeding fifteen thousand dollars in amount payable in not less than two or more than ten years, and bearing interest at a rate not exceeding five per centum per annum, for the construction of a county building at the county seat of said county.
Approved, July 18, 1894.
July 18, 1894.
Mississippi south ern judicial district.
Counties added to.
CHAP. 144.-An Act To fix a term of the Federal district and circuit courts of the southern judicial district of Mississippi, to be held at Meridian, Mississippi, to include the counties named.'
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the southern judicial district of the State of Mississippi be so constituted as to include the counties of Kemper, Noxubee, and Neshoba, and that the counties of R. S. sec. 539, p. 91; Lauderdale, Kemper, Noxubee, Leake, Neshoba, Newton, Jasper, Clarke, Wayne, and Jones shall be known as the eastern division of said southern district, and circuit and district courts for the transaction of business pertaining to the persons and property in said eastern division shall be held at the city of Meridian on the second Mondays of
Vol. 22, p. 101.