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Provided, That section six of the act of Congress of August ninth, eighteen hundred and eighty-eight, entitled "An act to authorize the leasing of the school and university lands in the Territory of Wyoming, and for other purposes," shall apply to the school and university indemnity lands of the said State of Wyoming so far as applicable.

SEC. 5. That all lands herein granted for educational purposes shall be disposed of only at public sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools.

Indemnity school lands granted. 819 ante, p. 609. 1888, Aug. 9, ch.

School lands to be sold at public

sale.

But said lands may, under such regulations as the legislature shall Leases may be prescribe, be leased for periods of not more than five years, in quan- made not over five tities not exceeding one section to any one person or company;

years.

And such land shall not be subject to pre-emption, homestead School lands not entry, or any other entry under the land laws of the United States, subject to entry whether surveyed or unsurveyed, but shall be reserved for school under U. S. laws. purposes only.

SEC. 6. That fifty sections of the unappropriated public lands Lands granted within said State, to be selected and located in legal subdivisions as for public buildings. provided in section four of this act, shall be, and are hereby, granted to said State for the purpose of erecting public buildings at the capital of said State.

SEC. 7. That five per centum of the proceeds of the sales of public Five per cent. lands lying within said State which shall be sold by the United net proceeds of States subsequent to the admission of said State into the Union, after for school fund. public land sales 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.

University

SEC. 8. That the lands granted to the Territory of Wyoming by the act of February eighteenth, eighteen hundred and eighty-one, lands, title vested entitled "An act to grant lands to Dakota, Montana, Arizona, Idaho, 1881. Feb. 18.ch. and Wyoming for university purposes," are hereby vested in the 61 ante, p. 316. State of Wyoming, to the extent of the full quantity of seventy-two sections to said State, and any portion of said lands that may not have been selected by said Territory of Wyoming may be selected by the said State;

per acre.

But said act of February eighteenth, eighteen hundred and eighty- To be sold at one, shall be so amended as to provide that none of said lands shall not less than $10 be sold for less than ten dollars per acre, and the proceeds shall con- Proceeds to constitute a permanent fund to be safely invested and held by said State stitute a univerand the income thereof be used exclusively for university purposes. sity fund. The schools, colleges, and universities provided for in this act shall forever remain under the exclusive control of the said State, And no part of the proceeds arising from the sale or disposal of Proceeds of any lands herein granted for educational purposes shall be used for lands not for sectathe support of any sectarian or denominational school, college, or rian schools. university. Fish-hatchery

be Schools to under State control.

The section of land granted by the act of May twenty-eighth, eight- land transferred een hundred and eighty-eight, to the Territory of Wyoming for a to State. fish hatchery and other public purposes shall, upon the admission of 1888, May 28, said State of Wyoming into the Union, become the property of said ch. 319 (25 Stat. State.

L., 158).

Lands for agri

SEC. 9. [Grants penitentiary and personal property; executed.] SEC. 10. That ninety thousand acres of land, to be selected and cultural college. located as provided in section four of this act, are hereby granted to 130 (12 Stat. L., 1862, July 2, ch. said State for the use and support of an agricultural college in said 503). 1866, July State as provided in the acts of Congress making donations of lands 23.ch. 209 (14Stat. for such purpose. L., 208); 1883, Mar. 3, ch. 102, ante, p. 402. SEC. 11. That in lieu of the grant of land for purposes of internal Lands in lieu of internal improveimprovement made to new States by the eighth section of the act of ment, swamp and September fourth, eighteen hundred and forty-one, which section is saline grants.

SUP RS-49

455.)

1841, Sept. 4, ch. hereby repealed as to the State of Wyoming, and in lieu of any claim 16, § 8, (5 Stat. L., or demand by the said State under the act of September twenty1850, Sept. 28, eighth, eighteen hundred and fifty, and section twenty-four hundred ch. 84, (9 Stat. L., and 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 the State of Wyoming, and in lieu of any grant of saline lands to said State, the following grants of land are hereby made, to wit:

521.)
R. S., §§ 2378,
2379, 2479.
1877, Jan. 12,
ch. 18, and note,

ante, p. 127.

Insane asylum.

Reform institu

tion.

Penitentiary.
Fish-hatchery.

Poor farm.

Miner's hospital.

Public buildings at capital.

Other institu

tions.

Minimum price

of sale.

No further grants.

Grants limited to specific uses.

Mineral lands

exempt.

School lands in lieu.

2276.

R. S., SS 2275, 1891, Feb. 28, ch. 384, post, p. 898.

To the State of Wyoming: For the establishment and mainter ance and support in the said State of the insane asylum in Uinta County, thirty thousand acres;

For the penal, reform, or educational institution in course of construction in Carbon County, thirty thousand acres;

For the penitentiary in Albany County, thirty thousand acres:
For the fish-hatchery in Albany County, five thousand acres:
For the deaf, dumb, and blind asylum in Laramie County, thirty
thousand acres;

For the poor farm in Fremont County, ten thousand acres;

For a hospital for miners who shall become disabled or incapacitated to labor while working in the mines of the State, thirty thousand

acres;

For public buildings at the capital of the State, in addition to those herein before granted for that purpose, seventy-five thousand acres; For State charitable, educational, penal, and reformatory institutions, two hundred and sixty thousand acres.

Making a total of five hundred thousand acres:

Provided, That none of the lands granted by this act shall be sold for less than ten dollars per acre.

SEC. 12. That the State of Wyoming 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 mineral lands shall be exempted from the grants made by this act.

But if sections sixteen and thirty-six, or any subdivision or portion of any smallest subdivision thereof in any township, shall be found by the Department of the Interior to be mineral lands, said State is hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said State in lieu thereof, for the use and benefit of the common schools of said State. SEC. 14. That all lands granted in quantity or as indemnity by under direction of this act shall be selected, under the direction of the Secretary of the Secretary of Inte- Interior, from the surveyed, unreserved and uppropriated public

Selections to be

rior.

Deductions to be

lands of the United States within the limits of the State entitled thereto.

And there shall be deducted from the number of acres of land made for prior donated by this act for specific objects to said State the number of acres heretofore donated by Congress to said Territory for similar subjects.

grants.

Circuit and dis

lished.

SEC. 15. [Appropriations for convention expenses.]

SEC. 16. That the said State, when admitted as aforesaid, shall trict courts estab- constitute a judicial district, the name thereof to be the same as the name of the State; and the circuit and district courts therefor shall be held at the capital of the State for the time being, and the said district shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit.

Judge, attorney, marshal.

There shall be appointed for said district one district judge, one United States attorney, and one United States marshal. The judge of said district shall receive a yearly (4) salary of three thousand five

NOTE. (4) Increased to $5,000 by 1891, Feb. 27, ch. 287, post, p. 896, and payable monthly by 1891,
March 3, ch. 541, par. 11, post, p. 927.

hundred dollars, payable in four equal installments, on the first days of January, April, July, and October of each year and shall reside in the district.

There shall be appointed clerks of said courts in the said district, who shall keep their offices at the capital of said State. The regular terms of said courts shall be held in said district at the place aforesaid on the first Monday in April and the first Monday in November of each year, and only one grand jury and one petit jury shall be summoned in both said circuit and district courts.

Clerks.

Terms.

Juries.

The circuit and district courts for said district, and the judges Jurisdiction. thereof, respectively shall possess the same powers and jurisdiction, and perform the same duties 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.

Powers, etc., of

The marshal, district attorney, and clerks of the circuit and district courts of said district, and all other officers and persons per- officers. forming duties in the administration of justice therein, shall severally R. S., SS 824-830. possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States; and shall, for the services they may perform, receive

the fees and compensation allowed by law to other similar officers Fees, etc. and persons performing similar duties in the State of Oregon.

SECS. 17, 18. [Relate to cases pending in courts.]

United States

SEC. 19. That the legislature of the said State may elect two Senators of the United States as is provided by the constitution of said Senators and RepState, and the Senators and Representatives of said State shall be resentatives to entitled to be admitted to seats in Congress and to all the rights and have all rights and privileges. privileges of Senators and Representatives of other States in the Congress of the United States.

SEC. 20. [Officers until State elections.]

until amended or

SEC. 21. That from and after the admission of said State into the United States Union, in pursuance of this act, the laws of the United States, not laws to have full locally inapplicable, shall have the same force and effect within the force. said State as elsewhere within the United States; and all laws in Existing Terriforce made by said Territory, at the time of its admission into the torial laws in force Union, until amended or repealed, shall be in force in said State, repealed. except as modified or changed by this act or by the constitution of the State, and all acts or parts of acts in conflict with the provisions of this act, whether passed by a legislature of said Territory or by repealed. Congress, are hereby repealed [July 10, 1890.]

Conflicting laws

CHAP. 665.—An act to provide for an additional associate justice of the supreme court of the
Territory of New Mexico.

Be it enacted, &c., That hereafter the supreme court of the Territory of New Mexico shall consist of a chief justice and four associate justices, any three of whom shall constitute a quorum :

in

Provided, That the judge who presided at the trial of a cause the court below shall not sit at the hearing of the same case on appeal, or writ of error, in the supreme court of the Territory.

July 10, 1890.

26 Stat. L., 226. New Mexico, Supreme court to have chief justice and four associate justices,

R. S., 1864.

President to ap

SEC. 2. That it shall be the duty of the President to appoint one additional associate justice of said supreme court in manner now point. provided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified.

Territory divided

SEC. 3. That the said Territory shall be divided into five judicial districts, and a district court shall be held in each district by one of into five districts.

the justices of the supreme court, at such time and place as is or may be prescribed by law. Each judge, after assignment, shall reside in the district to which he is assigned.

Terms.

Supreme court

SEC. 4. That the present chief-justice and his associates are hereby to make division. vested with power and authority, and they are hereby directed, to divide said Territory into five judicial districts, and make such assignments of the judges provided for in the first section of this act as shall in their judgment be meet and proper.

Jurisdiction.

July 11, 1890.

26 Stat. L., 228.

Applications to

mission to be ac

dence.

SEC. 5. That the said district court shall have jurisdiction, and the same is hereby vested, to hear, try, and determine all matters and causes that the courts of the other districts of the Territory now possess; and for such purposes two terms of said court shall be held annually, at such places within said district as may be designated by the chief-justice and his associates, or a majority of them; and grand and petit jurors shall be summoned therein in the manner now required by law.

SEC. 6. [Relates to pending cases]. [July 10, 1890.]

CHAP. 667.—An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes.

*

Be it enacted, &c. * [Par. 1.] That hereafter every applicaCivil Service Com- tion for examination before the Civil Service Commission for appointcompanied by cer- ment in the Departmental service in the District of Columbia, shall tificate of resi- be accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be R. S., § 1753. a citizen, that such applicant was, at the time of making such appli27, § 2. par. 2, sub- cation, an actual and bona-fide resident of said county, and had been par. 3, ante, p. 393. such resident for a period of not less than six months next preceding; not to apply to But this provision shall not apply to persons who may be in the promotion, &c. service and seek promotion or appointment in other branches of the Government.

1883, Jan. 16, ch.

Additional As

authorized.

*

*

*

*

[Par. 2.] For an additional Assistant Secretary of the Treasury to sistant Secretary be appointed by the President, by and with the advice and consent of the Treasury of the Senate, who shall receive a compensation at the rate of four thousand five hundred dollars per annum. R. S., § 234. Repairs, &c., of [Par. 3.] Office of Construction of Standard Weights and Measstandard weights ures: * * That hereafter such necessary repairs and adjustments and measures, shall be made to the standards furnished to the several States and Territories as may be requested by the governors thereof, and also to standard weights and measures that have been, or may hereafter be, supplied to United States custom-houses and other offices of the United States, under act of Congress, when requested by the Secretary of the Treasury.

how ordered.

1836, Res. No. 7, 1881, March 3, Fes. No. 26, ante,

(5 Stat. L., 133).

p. 329.

Surgeon-General's Office, emergency printing.

1886, July 31, ch. 827; 1888, Mar. 30, ch. 47, par. 1; ante, pp. 505, 582. Assistant Secre

* *

[Par. 4.] That so much of the printing for the office of the Surgeon-General of the Army as is required to meet emergencies or to expedite the work of that office may, when practicable, be done in the office of the Adjutant-General, or of the Chief of Ordnance, as the Secretary of War may direct.

[Par. 5.] For an assistant Secretary of the Navy, to be appointed, tary of the Navy. from civil life, by the President, by and with the advice and consent Ř. S., § 416. 1891. March 3, of the Senate, who shall receive a compensation, at the rate of four ch. 541, par. 8, thousand five hundred dollars per annum.

post, p. 927.

General Land

commissioner authorized.

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One assistant commissioner, Office, assistant to be appointed by the President, by and with the advice and consent of the Senate, who shall be authorized to sign such letters, papers, and documents, and to perform such other duties as may be directed by the Commissioner, and shall act as Commissioner in the absence of that officer, or in case of a vacancy in the office of Commissioner, three thousand five hundred dollars; (1) * *

R. ., § 448.

NOTE. (1) This provision is repeated in the appropriation act for 1891 (26 Stat. L., 937).

**

[Par. 7.] United States Patent Office: * That hereafter the Patent Office OfOfficial Gazette may be exchanged for publications of a scientific or ficial Gazette may useful character published in this or any foreign country adapted to be exchanged, &c. the needs and uses of the scientific library of the Patent Office. [Par. 8.] And the Postmaster-General shall furnish any person who may apply, in writing, copies of any sheets of the post-office maps at the cost of printing and ten per centum thereon, the proceeds of such sales to be used as a further appropriation for the preparation and publication of post-route maps (2). ̄ *

*

Post-route maps, how sold.

R. S., § 3809. 1878, June 17,

ch. 259, § 2, ante,

p. 187.

Additional A s

[Par. 9.] For an additional assistant Attorney-General to be appointed by the President, by and with the advice and consent of the sistant AttorneySenate, who shall receive a compensation at the rate of five thousand General. dollars per annum,

* *

SEC. 2. * * That hereafter it shall be the duty of the heads of the several executive Departments of the Government to report to congress each year in the annual estimates the number of employees in each bureau and office and the salaries of each who are below a fair standard of efficiency.

SEC. 3. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. [July 11, 1890.]

NOTE. (2) This provision is repeated in the appropriation act for 1891 (26 Stat. L., 937).

R. S., § 348.

Annual reports of number and

salaries of em-
below standard of
ployés who are
efficiency.
R. S., § 194.
Repeal.

*

July 14, 1890. 26 Stat. L., 272. Keeping and feeding prisoners Japan, Siam, and

in China. Corea,

CHAP. 706.-An act making appropriations for the diplomatic and consular service of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-one. Be it enacted, &c. * (1) For the purpose of paying for the keeping and feeding of prisoners in China, Corea, Japan, Siam, and Turkey, : Provided, That no more than seventy-five cents per day for the keeping and feeding of each prisoner while actually con- Turkey. fined shall be allowed or paid for any such keeping and feeding; this maximum alis not to be understood as covering cost of medical attendance and medicines when required by such prisoners:

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And provided further, That no allowance shall be made for the keeping and feeding of any prisoner who is able to pay, or does the above sum of seventy-five cents per day;

pay,

And the consular officer shall certify to the fact of inability in every case. [July 14, 1890.]

NOTE. (1) This provision is repeated in the subsequent appropriation act (26 Stat. L., 1061). Similar provisions appear in prior appropriation acts.

CHAP. 707.-An act making appropriation for the Department of Agriculture for fiscal year ending June thirtieth, anno Domini eighteen hundred and ninety-one.

* *

lowance.

No allowance to self-supporting prisoners.

Certificate.

July 14, 1890.

26 Stat. L., 282.

Seeds, &c., to

Be it enacted, &c., [Par. 1.] (1) An equal proportion of two-thirds of all seeds, trees, shrubs, vines, cuttings, and plants shall members of Conupon their request be supplied to Senators, Representatives, and gress for distribuDelegates in Congress for distribution among their constituents; And the persons receiving such seeds shall be requested to inform

the Department of results of the experiments therewith:

tion.

Department to be informed of experiments.

Seeds, &c., not

Provided, That all seeds, plants, and cuttings herein allotted to called for to be Senators, Representatives, and Delegates to Congress for distribu- distributed by Detion remaining uncalled for at the end of the fiscal year shall be partment. distributed by the Secretary of Agriculture:

Report of pur

And provided also, That the Secretary shall report, (2) as pro- chase of seeds.

NOTE. (1) This paragraph, except the last proviso, has appeared in every agricultural appropriation act beginning with 1880, June 16, ch. 252 (21 Stat. L.. 294). The last proviso has appeared in every such act since 1882, May 19, ch. 171 (22 Stat. L., 90). Slight alterations have occurred from time to time. The act of 1891, March 3, ch. 544 (26 Stat. L., 1048), repeats the whole paragraph.

It is questionable to what extent, if at all, its provisions can be considered permanent, or whether each is in force only in relation to the particular appropriation made by the act in which each appears. For the annual provisions see 21 Stat. L., 294, 382; 22 Stat. L., 90, 410; 23 Stat. L., 38, 355; 24 Stat. L., 102,498; 25 Stat. L., 332, 838; 26 Stat. L., 286, 1048.

(2) There is no other provision in this act relative to report of seeds purchased.

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