R. S., §5240. Compensation of bank examiners in certain cities. R. S., § 5192. in the eighth line of said section, be amended so that the same shall read as follows, namely: (1) "That all persons appointed to be examiners of national banks not located in the redemption-cities specified in section five thousand one hundred and ninty-two of the Revised Statutes of the United States, or in any one of the States of Oregon, California, and Nevada, or in the Territories, shall receive compensation for such examinations as follows: For examining national banks having a capital less than one hundred thousand dollars, twenty dollars: Those having a capital of one hundred thousand dollars and less than three hundred thousand dollars, twenty-five dollars; Those having a capital of three hundred thousand dollars and less than four hundred thousand dollars, thirty-five dollars; Those having a capital of four hundred thousand dollars and less than five hundred thousand dollars, forty dollars; Those having a capital of five hundred thousand dollars and less than six hundred thousand dollars, fifty dollars; Those having a capital of six hundred thousand dollars and over, seventy-five dollars; Which amounts shall be assessed by the Comptroller of the Currency upon, and paid by, the respective associations so examined; And shall be in lieu of the compensation and mileage heretofore allowed for making said examinations, And persons appointed to make examination of national banks in the cities named in section five thousand one hundred and ninety-two of the Revised Statutes of the United States, (2) or in any one of the States of Oregon, California, and Nevada, or in the Territories, shall receive such compensation as may be fixed by the Secretary of the Treasury upon the recommendation of the Comptroller of the Currency; and the same shall be assessed and paid in the manner hereinbefore provided." [February 19, 1875.] NOTES. (1) This amendment has been incorporated into the second edition of the Revised Statutes, Feb. 20, 1875. 332. 18 Stat. L., District of Columbia. Faith of United tain bonds. CHAP. 94. An act to amend an act entitled "An act for the government of the District of Columbia, and for other purposes", approved June twentieth, eighteen hundred and seventyfour. Be it enacted, &c., That the seventh section of the act of Congress entitled "An act for the government of the District of Columbia, and States pledged to for other purposes", approved June twentieth, eighteen hundred and payment of cer- seventy-four, be, and the same is hereby, amended by inserting the words "do so" after the fortieth word following the first period in said section, so that it will read: "And the faith of the United States is hereby pledged that the United States will, by proper proportional appropriations as contemplated in this act, and by causing to be levied upon the property within said District such taxes as will do so, provide the revenues necessary to pay the interest on said bonds as the same may become due and payable, and create a sinking fund for the payment of the principal thereof at maturity": 1874, June 20, ch. 337, §7, ante, p.24. 182, § 3. par. 4, post, p. 253. 1879, March 3, ch. 14 Opins., 445, 544. 15 Opins., 56. Registered may be issued for coupon bonds. 1875, March 3. ch. 162, post, p. 95. Provided That registered bonds may be issued in lieu of coupon bonds as provided in said act or exchanged for coupon bonds already issued, and the interest of all said bonds shall be payable at the Treasury of the United States. [February 20, 1875.] CHAP. 95.-An act regulating fees and costs and for other purposes. Feb. 22, 1875. 18 Stat. L., 333. 128 U.S., 230. 134 U.S., 483. 140 U. S., 142. Be it enacted, &c., That before any bill of costs shall be taxed by Accounts for any judge or other officer, or any account payable out of the money costs, &c., of of the United States shall be allowed by any officer of the Treasury, and district attor clerks, marshals, in favor of clerks, marshals, or district attorneys, the party claiming neys, how proved. such account shall render the same, with the vouchers and items R. S., § 846. thereof, to a United States circuit or district court, and, in the presence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just. 15 Fed. Rep., 641. 322. 23 C. Cls., 368. 25 C. Cls., 304. United States commissioners shall forward their accounts, duly of commissionverified by oath, to the district attorneys of their respective districts, ers. by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals, and district attorneys shall be made in duplicate, to be marked respectively "original" and "duplicate". And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force. Accounts and vouchers to be made in duplicate. Clerk and mar SEC. 2. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney Gen- shal; when to eral, for the clerk or marshal to furnish greater security than the bond. give increased official bond now required by law, a bond in a sum not to exceed R. S., §§ 783, 795. forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof. ap Bonds of clerks courts. R. S., § 795. SEC. 3. That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the of Supreme, cirexecution of his office, give bond, with sufficient sureties, to be cuit, and district proved by the court for which he is appointed, to the United States, in the sum of not less than five, and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; 2 Fed. Rep., 146. Notice to execute new bonds to And it shall be the duty of the district attorneys of the United States, upon requirement by the Attorney General, to give thirty be given by disdays notice of motion in their several courts that new bonds, in ac- trict attorneys. cordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant. The Attorney General may at any time, upon like notice through Attorney-Genthe district attorney, require a bond of increased amount, in his dis- eral may require cretion, from any of said clerks within the limit of the amount above increased bonds of specified; and the failure of the clerk to execute the same shall in like manner vacate his office. clerks of courts. All bonds given by the clerks shall, after approval, be recorded in Copies of clerks' their respective offices, and copies thereof from the records, certified bonds to be evidence; disposition by the clerks respectively, under seal of court, shall be competent of originals. Mandamus by circuit court to evidence in any court. The original bonds shall be filed in the Department of Justice. SEC. 4. That the circuit courts of the United States, for the purofficers to perform poses of this act, shall have power to award the writ of mandamus, duties of this act. according to the course of the common law, upon motion of the Attorney-General or the district attorney of the United States, to any officer thereof, to compel him to make the returns and perform the duties in this act required. Clerk of district or circuit court failing to make any report, &c., to be removed. R.S., 797, 798. 1879, March 1, ch. 125, § 2, post, p. 222. -appointment of successor. 1889, Feb. 6, ch. SEC. 5. That if any clerk of any district or circuit court of the United States shall willfully refuse or neglect to make any report, certificate, statement, or other document required by law to be by him made, or shall willfully refuse or neglect to forward any such report, certificate, statement, or document to the department, officer, or person to whom, by law, the same should be forwarded, the President of the United States is empowered, and it is hereby made his duty, in every such case, to remove such clerk so offending from office by an order in writing for that purpose. And upon the presentation of such order, or a copy thereof, authenticated by the Attorney-General of the United States, to the judge of the court whereof such offender is clerk, such clerk shall thereupon be deemed to be out of office, and shall not, exercise the functions thereof. And such district judge, in the case of the clerk of a district court, shall appoint a successor; and in the case of the clerk of a circuit 113,3, post, p.639. court, the circuit judge shall appoint a successor. -disqualification on removal. -additional punishment. R. S., § 797. Mileage and ex neys, marshals, And such person so removed shall not be eligible to any appointment as clerk or deputy clerk for the period of two years next after such removal. SEC. 6. That if any clerk mentioned in the preceding section shall willfully refuse or neglect to make or to forward any such report, certificate, statement, or document therein mentioned, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, in the discretion of the court; but a conviction under this section shall not be necessary as a condition precedent to the removal from office provided for in this act. SEC. 7. That the proviso in the sixth paragraph of the act entitled (1) penses of attor- "An act making appropriations for the support of the army for the and clerks; how fiscal year ending June thirtieth, eighteen hundred and seventy-five, audited and paid. and for other purposes," approved June sixteenth, eighteen hundred R. S., §§ 827,828, and seventy-four, shall not be construed to apply or to have applied to attorneys, marshals, or clerks of courts of the United States, their assistants or deputies. 830. 15 Opins., 108. Repeal. And all accounts of said attorneys, marshals, and clerks, for mileage and for expenses incurred subsequent to the first day of July, eighteen hundred and seventy-four, and prior to the first day of January, eighteen hundred and seventy-five, shall and may be audited, allowed, and paid at the Treasury Department of the United States in the same manner as if said act had not been passed. And from and after the first day of January, eighteen hundred and seventy-five, no such officer or person shall become entitled to any allowance for mileage or travel not actually and necessarily performed under the provisions of existing law. SEC. 8. That all acts inconsistent with the provisions of this act are hereby repealed. [February 22, 1875.] NOTE. (1) The provisions of the act here referred to (1874, June 16, ch. 285, § 1, 18 Stat. L., 72), being repeated (with the additional word "hereafter" and an exception in favor of judicial officers) in 1875, March 3, ch. 133, § 1, par. 1, post, p. 81, and therefore superseded by it, the former act is not printed in this volume. See note to act of 1875, p. 81. CHAP. 99. —An act for the relief of actual settlers on lands claimed to be swamp and overflowed lands in the State of Missouri. Feb. 23, 1875. 18 Stat. L., 334. Purchasers of Be it enacted, &c., That in all cases in the State of Missouri where lands have heretofore been selected and claimed as swamp and over- lands in Missouri flowed lands by said State, and the various counties therein, by vir- as swamp lands to have priority to tue of any act of Congress, and said lands have been withheld from preempt or homemarket in consequence thereof by the General Government, and the stead if lands not said State and counties have sold said lands to actual settlers, and in fact swamp. said settlers have improved the same to the value of one hundred R. S., §§ 2257, dollars; said settlers, their heirs, assigns, and legal representatives, 1874, June 22, ch. 2259, 2289. who have continued to reside thereon, shall have priority of right to 422,and note,ante, preëmpt or homestead all such lands as may be rejected by the United p.41 States as not being in fact swamp and overflowed lands; 1874,June 1877, March 3, And it shall be the duty of the Secretary of the Interior to make such rules and regulations as may be necessary to carry into effect ch.116,post, p. 141. the provisions of this act: Provided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preemption or homestead laws prior to the passage of this act. [February 23, 1875.] CHAP. 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, veyances, thea Be it enacted, &c., (1) That all persons within the jurisdiction of the All persons to United States shall be entitled to the full and equal enjoyment of the have equal rights accommodations, advantages, facilities, and privileges of inns, pub- in inns, public conlic conveyances on land or water, theaters, and other places of pub- ters, and places of lic amusement; subject only to the conditions and limitations public amuseestablished by law, and applicable alike to citizens of every race and ment. color, regardless of any previous condition of servitude. SEC. 2. (1) That any person who shall violate the foregoing section by denying to any citizen, except for reasons 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, advantages, 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: R. S. § 1977. Persons violat ing provisions lia- Election of rem Provided, That all persons may elect to sue for the penalty aforesaid or to proceed under their rights at common law and by State edies by persons statutes; and having so elected to proceed in the one mode or the aggrieved." 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. NOTE. (1) §§ 1 and 2 of this act have been held by the Supreme Court to be unconstitutional and void, "at least so far as their operation in the several States is concerned," but without deciding "whether the law as it stands is operative in the Territories and District of Columbia." 109 U. S., 3. Judgment on one bars both rem edies. Jurisdiction of courts. R. S.. 563, par. 12: § 629, pars. 16, 13 Fed. Rep., 17. 341. District attor ers to institute SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the 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 neys, marshals, United States, and commissioners appointed by the circuit and terand commission- ritorial courts of the United States, with powers of arresting and proceedings imprisoning or bailing offenders against the laws of the United against persons States, are hereby specially authorized and required to institute proviolating act. ceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Right of civil action not affected. R. S., § 1979. Failure of dis prosecute. 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 institute and trict attorney to 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: Effect of judg- And provided further, That a judgment for the penalty in favor ment against dis- of the party aggrieved against any such district attorney, or a judg ment upon an indictment against any such district attorney, shall be a bar to either prosecution respectively. trict attorney. Jurors not to be excluded on account of race or color. SEC. 4. (2) That no citizen possessing all other qualifications 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 R.S., §§ 800-822. 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 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. SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable 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. [March 1, 1875.] NOTE. (2) § 4 of this act has been sustained as constitutional by the Supreme Court. 100 U.S., 339. March 1, 1875. 18 Stat. L., 337. Army regula tions may be dent. CHAP. 115.—An act to authorize the promulgation of the general regulations for the government of the Army. Be it enacted, &c., That so much of section twenty of the act apmade by Presi- proved July fifteenth, eighteen hundred and seventy, entitled "An act making appropriations for the support of the Army for the year 1870, ch. 294, $20 ending June thirtieth, eighteen hundred and seventy-one, and for (16 Stat. L., 319). other purposes," as requires the system of general regulations for the Army therein authorized to be reported to Congress at its next session, and approved by that body, be, and the same is hereby, repealed; 1879, June 23, ch. 35, § 2, post, P. 268. 16 Opins., 38. |