January twenty-fourth, eighteen hundred and seventythree, be, and the same is hereby, amended by striking out the words Montana, Idaho, and Wyoming, wherever the same occur in said act, and the said act shall hereafter have no applicability to the Territories of Montana, Idaho, and Wyoming.

SEC. 2. That the penitentiaries in the Territories of Montana, Idaho and Wyoming, shall continue under the care and control of the marshal of the United States for To continue Said Territories, under and pursuant to the provisions of United States the act entitled "An act in relation to certain territorial

under control of

marshals.

Preamble.

Equal enjoy

public convey

penitentiaries," approved January tenth, eighteen hundred and seventy-one; which said last mentioned act ist hereby revived and reenacted so far as the same applies to the Territories of Montana, Idaho, and Wyoming. Approved June 20, 1874.

FORTY-THIRD CONGRESS. SESSION II, CHAPTER 114. An act to protect all citizens in their civil and legal rights.

WHEREAS, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons within the jurisdiction of the United States shall be entitled to the full and equal ment of Inns, enjoyment of the accommodations, advantages, facilities, ances, theatres, and privileges of inns, public conveyances on land or water, theatres and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude. SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for rea

&c.

Forfeit to per

son aggreived

by denial of equal enjoyment

Punish ment for denying, &c.

Election of

sons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advan- of inns, &c. tages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for remedies. the penalty aforesaid or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the of courts under several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party; and the district attorneys, marshals and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders Duty of disagainst the laws of the United States, are hereby specially authorized and required to institute proceedings against under this act. every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed,

Effect of recoveries.

Jurisdiction

this act.

trict attorneys, commissioners,

marshals, and

action not affected.

Failure of dis

prosecute.

as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offence, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be proseRight of civil cuted to their termination as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any district attorney who shall willfully fail to institrict attorney to tute and prosecute the proceedings herein required, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment against ment upon an indictment against any such district attorney, shall be a bar to either prosecution respectively. SEC. 4. That no citizen possessing all other qualificafrom service as tions which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or excluding, &c. fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.

Effect of judg

district attor

ney.

Exclusion

juror.

Penalty for

SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reReview in Su- viewable by the Supreme Court of the United States without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

preme Court.

Approved March 1, 1875.

*

ritorial officers,

mence.

com

FORTY-FOURTH CONGRESS. SESSION I. CHAP. 88. Ex- Salaries of terTRACT. * * And hereafter payment of salaries when to of all officers of the Territories of the United States appointed by the President shall commence only when the person appointed to any such office shall take the proper oath, and shall enter upon the duties of such office in such Territory; and said oath shall hereafter be administered in the Territory in which such office is held.

* * * * *

Oaths, where administered. 1 May, 1876.

Sessions of

15 Aug., 1876.

IBID. CHAP. 287. EXTRACT. Territory of Montana: Provided, That the next legislative legislature. assembly shall convene at the seat of government of the Territory on the second Monday of January, eighteen hundred and seventy-seven, and biennially thereafter.

may be pur

Declaration.

3 March, 1877.

FORTY-FOURTH CONGRESS. SESSION II. CHAP. 107. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Desert lands That it shall be lawful for any citizen of the United chased. States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such" and upon payment of twenty-five cents per acre-to file a declaration under oath with the register and receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter, Provided however that the right to the use of water by the person so conducting the same, on or to water. any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation: And such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: And all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of free.

Right to use

Water on public lands to be

declaration.

Perfection of

the public for irrigation, mining and manufacturing purposes subject to existing rights. Said declaration shall Contents of describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same shall be issued to him. Provided, tity of land pur- that no person shall be permitted to enter more than one tract of land, and not to exceed six hundred and forty acres, which shall be in compact form.

title.

Limit to quan

chasable.

Desert lands defined.

Localities in

SEC. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated.

SEC. 3. This act shall only apply to and take effect in the States of California, Oregon and Nevada, and the Territories of Washington, Idaho, Montana, Utah, which act to ap- Wyoming, Arizona, New Mexico, and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office.

ply.

Accused per

FORTY-FIFTH CONGRESS. SESSION II. CHAP. 37. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the trial of all indictments, informations, complaints, sons may testify and other proceedings against persons charged with the commission of crimes, offences, and misdemeanors, in the United States courts, territorial courts, and courtsmartial, and courts of inquiry, in any State or Territory,

16 Mch., 1878.