or Territory. And if such sections, or either of them, have been or shall be Lieu lands to be granted, reserved, or pledged for the use of schools or colleges in selected by State the State or Territory in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by preemption of homestead settlers. And other lands of equal acreage are also hereby appropriated Where school and granted, and may be selected by said State or Territory where lands are othersections sixteen or thirty-six are mineral land, or are included within wise disposed of, lieu lands allowed. any Indian, military, or other reservation, or are otherwise disposed of by the United States: Waiver of right lands. Provided, Where any State is entitled to said sections sixteen and thirty-six, or where said sections are reserved to any Territory, not- to school lands by withstanding the same may be mineral land or embraced within a selecting lieu military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections. And other lands of equal acreage are also hereby appropriated and Where school granted, and may be selected by said State or Territory to compen- lands are wanting sate deficiencies for school purposes, where sections sixteen or thirty- or deficient lieu six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever." lands allowed. cluded in reserva And it shall be the duty of the Secretary of the Interior, without Secretary of Inawaiting the extension of the public surveys, to ascertain and deter- terior may ascermine, by protraction or otherwise, the number of townships that will tain townships inbe included within such Indian, military, or other reservations, and tions, and State thereupon the State or Territory shall be entitled to select indemnity may then select lands to the extent of two sections for each of said townships, in lieu lieu lands. of sections sixteen and thirty-six therein; but such selections may not be made within the boundaries of said reservations: restoration of res Provided, however, That nothing herein contained shall prevent State may await any State or Territory from awaiting the extinguishment of any ervations to public such military, Indian, or other reservation and the restoration of domain. the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein; but nothing in this proviso shall be construed as conferring any right not now existing. "SEC. 2276. That the lands appropriated by the preceding section Lieu lands, how shall be selected from any unappropriated, surveyed public lands, to be selected. Substitute for not mineral in character, within the State or Territory where such R. S., §2276. losses or deficiencies of school sections occur; and where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than threequarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three quarters of a section; for a fractional township, containing a greater quantity of land than one quarter, and not more than one half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township one-quarter section of land: Provided, That the States or Territories which are, or shall be Double lieu lands, entitled to both the sixteenth and thirty-sixth sections in place, shall when allowed. have the right to select double the amounts named, to compensate for deficiencies of school land in fractional townships." [February 28, 1891.] February 28, 1891. CHAP. 385.-An act to prohibit the granting of liquor licenses within one mile of the Soldiers' Home. 26 Stat. L., 797. District of Co- Be it enacted, &c., That on and after the passage of this act no lumbia. Liquor license for the sale of intoxicating liquor at any place within one licenses prohibited mile of the Soldiers' Home property in the District of Columbia shall be granted. [February 28, 1891.] within one mile of Soldiers' Home. 6 Mackey, 409. March 2, 1891. 26 Stat. L., 799. Ohio, judicial districts. CHAP. 493.-An act to detach the county of Logan, in the State of Ohio, from the northern and attach it to the southern judicial district of said State. Be it enacted, &c., That the county of Logan, in the State of Ohio, be detached from the northern and attached to the southern judicial Logan County district of the State of Ohio and assigned to the eastern subdivision transferred to southern district. therein. R. S., § 544. SEC. 2. [Relates to pending cases and past offenses.] [March 2, 1880, Feb. 4, ch. 1891.] 18, ante, p. 277. March 2, 1891. 26 Stat. L., 799. Naval supplies, and issued. R. S. § 3718. CHAP. 494.—An act making appropriations for the naval service for the fiscal year ending Be it enacted, &c., * * [Par. 1.] All supplies hereafter purhow purchased chased with moneys appropriated for any branch of the naval establishment shall be purchased, classified, and issued for consumption 1889, March 2, or use subject to the provisions contained in the act making approch. 371, ante, p. priations for the naval service, approved June thirtieth, eighteen hundred and ninety, in reference to supplies therein provided for and on hand. (1) 678. ** * [Par. 2.] No law shall be construed to entitle enlisted marines on shore duty to any rations or commutation therefor other than such as now are or may hereafter be allowed to enlisted men in the | March 2, 1891.] army. * * NOTE. (1) The provisions in the act of 1890, June 30, ch. 640 (26 Stat. L., 205), are as follows: "All supplies purchased with moneys appropriated by this act shall be deemed to be purchased for the Navy and not for any bureau thereof, and these supplies, together with all supplies now on hand, shall be arranged, classified, consolidated, and catalogued, and issued for consumption or use, under such regulations as the Secretary may prescribe, without regard to the bureau for which they were purchased." March 2, 1891. 26 Stat. L., 824. Bookmaking CHAP. 497.-An act to prevent bookmaking and pool-selling in the District of Columbia. Be it enacted, &c., That it shall be unlawful for any person or asand pool-selling sociation of persons in the cities of Washington and Georgetown, in prohibited within the District of Columbia, or within said District within one mile of one mile of Washington or George- the boundaries of said cities, to bet, gamble, or make books or pools on the result of any trotting race or running race of horses, or boat R. S. of D. C., § race, or race of any kind, or on any election or any contest of any kind, or game of baseball. town. 1162. 1883,January 31, ch. 40, ante p. 396. Penalty. SEC. 2. That any person or association of persons violating the provisions of this act shall be fined not exceeding five hundred dollars, or be imprisoned not more than ninety days, or both, at the discretion of the court. [March 2, 1891.] CHAP. 498.-An act to amend an act entitled "An act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico," approved March two, eighteen hundred and eighty-nine. March 2, 1891. 26 Stat. L., 824. Minors dis Be it enacted, &c., That subdivision three of section two of the above entitled act be, and the same is amended so as to read as fol- charged by order lows: of court, &c., not to receive pay on "Third. That such soldier was a minor, and was enlisted without removal of charge the consent of his parent or guardian, and was released or discharged of desertion. from such service by the order or decree of any State or United. Substitute for States court on habeas corpus or other judicial proceedings, and in 1889, March 2, ch. 390, 8 2, par. such case such soldier shall not be entitled to any bounty or allow- 3, ante, p. 692, and ance, or pay for any time such soldier was not in the performance of 25 Stat. L., 869. military duty." [March 2, 1891.] CHAP. 517.-An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes. (1) March 3, 1891. 26 Stat. L., 826. Additional cir Be it enacted, &c., That there shall be appointed by the President cuit judges-one of the United States, by and with the advice and consent of the Sen- in each circuit-to ate, in each circuit an additional circuit judge, who shall have the be appointed. same qualifications, and shall have the same power and jurisdiction R. S., § 607. therein that the circuit judges of the United States, within their respective circuits, now have under existing laws, and who shall be entitled to the same compensation as the circuit judges of the United States in their respective circuits now have. Circuit court of tion. SEC. 2. That there is hereby created in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall appeals; jurisdicconstitute a quorum, and which shall be a court of record with appellate jurisdiction, as is hereafter limited and established. NOTE. (1) The following acts relate to the jurisdiction of the Supreme Court: 1874, April 7, ch. 80, § 2, ante, p. 7, providing that the appellate jurisdiction of the Supreme Court over judgments and decrees of territorial courts in cases of trial by jury shall be by writ of error, and in other cases by appeal, &c. 1874, June 23, ch. 469, § 3, ante, p. 49, allowing writ of error to the Supreme Court of Utah Territory in cases of capital punishment or conviction of bigamy or polygamy. 1875, February 16, ch. 77, § 1, ante, pp. 62, 63, limiting the review by the Supreme Court of decrees of circuit courts in admiralty cases to questions of law arising on findings of fact to be made in such cases by the circuit courts. (§3 (18 Stat. L., 316) is expressly repealed by § 14 of this act.) 1875, March 1, ch. 114, § 5, ante, p. 68, making civil-rights cases reviewable by the Supreme Court, without regard to the sum in controversy. 1875, March 3, ch. 137, § 9, ante, p. 85, prescribing the proceedings in the Supreme Court in cases of death of parties after judgment in circuit court. 1881. March 3, ch. 138, § 7, ante, p. 324, giving original and appellate jurisdiction in trade-mark cases to the courts of the United States without regard to the amount in controversy. 1884, May 17, ch. 53, §7, ante, p. 433, providing for the review of judgments and decrees of the district court for the district of Alaska. 1885, March 3, ch. 353, ante, p. 485, providing for an appeal to the Supreme Court in cases of habeas corpus. 1885, March 3, ch. 355, ante, p. 485, regulating appeals from the supreme courts of the District of Columbia and the Territories. 1887, March 3, ch. 359, §§ 3,9, ante, pp. 560, 561, providing for appeals from the Court of Claims and circuit and district courts in cases of certain suits against the United States. 1888, August 13, ch. 866, §§ 1 (sub-sec. 2), 6, ante, pp. 613, 614, taking away the right of review by the Supreme Court of orders of circuit courts remanding causes to State courts. 1889, February 6, ch. 113, § 6, ante, p. 639, providing for writs of error in all convictions of crime punishable by death. 1889, February 25, ch. 236, ante, p. 650, providing for writs of error or appeals to the Supreme Court in cases involving the question of the jurisdiction of the circuit court. 1889, March 1, ch. 333, § 6, ante, p. 672, providing for review of the judgments and decrees of the United States court in the Indian Territory in cases where the value exceeds $1,000. 1889, March 2, ch. 382, § 5, ante, p. 689, providing for an appeal to the Supreme Court in complaints for violation of the interstate commerce act where the subject in dispute is of the value of $2,000 or more. 1890, May 2, ch. 182, § 9, ante, p. 724, providing for writs of error and appeals from the decisions of the Supreme Court of Oklahoma Territory where the amount in controversy exceeds 25,000. 1890, May 2, ch. 182, § 42, ante, p. 738, providing that appeals and writs of error may be taken from the decisions of the United States court in the Indian Territory in the same manner as from the circuit courts. 1890, June 10, ch. 407, § 15, ante, p. 752, providing for appeals from decisions of circuit courts in cases under the customs-revenue laws. 1891, March 3, ch. 538, § 10, post, p. 916, providing for appeals from judgments of the Court of Claims in cases of Indian depredation claims. 1891, March 3, ch. 539. §§ 9, 14, post, pp. 920, 923, providing for appeals from the decisions of the Court of Private Land Claims. To what extent any of these acts are affected by the one in the text has not yet been decided. Such court shall prescribe the form and style of its seal and the form of writs and other process and procedure as may be conformable to the exercise of its jurisdiction as shall be conferred by law. It shall have the appointment of the marshal of the court with the same duties and powers under the regulations of the court as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applicable. The court shall also appoint a clerk, who shall perform and exercise the same duties and powers in regard to all matters within its jurisdiction as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The salary of the marshal of the court shall be twenty-five hundred dollars a year, and the salary of the clerk of the court shall be three thousand dollars a year, to be paid in equal proportions quarterly. The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals; and the same shall be expended, accounted for, and paid for, and paid over to the Treasury Department of the United States in the same manner as is provided in respect of the costs and fees in the Supreme Court. The court shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law. SEC. 3. That the Chief-Justice and the associate justices of the Supreme Court assigned to each circuit, and the circuit judges within each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals within their respective circuits in the manner hereinafter provided. In case the Chief-Justice or an associate justice of the Supreme Court should attend at any session of the circuit court of appeals he shall preside, and the circuit judges in attendance upon the court in the absence of the Chief-Justice or associate justice of the Supreme Court shall preside in the order of the seniority of their respective commissions. In case the full court at any time shall not be made up by the attendance of the Chief-Justice or an associate justice of the Supreme Court and circuit judges, one or more district judges within the circuit shall be competent to sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court: Provided, That no justice or judge before whom a cause or question may have been tried or heard in a district court, or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. A term shall be held annually by the circuit court of appeals in In the eighth circuit, in the city of Saint Louis; And in such other places in each of the above circuits as said court may from time to time designate. The first terms of said courts shall be held on the second Monday in January (2), eighteen hundred and ninety-one, and thereafter at such times as may be fixed by said courts NOTE.-(2) Changed to third Tuesday in June by 1891, March 3, Res. No. 17, post, p. 956. Existing circuit SEC. 4. That no appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district court to the courts to have no appellate jurisdicexisting circuit courts, and no appellate jurisdiction shall hereafter tion. be exercised or allowed by said existing circuit courts, R. S., SS 631-636. But all appeals by writ of error otherwise, from said district Appeals from courts shall only be subject to review in the Supreme Court of the district and cirUnited States or in the circuit court of appeals hereby established, cuit courts to be to Supreme Court as is hereinafter provided, and the review, by appeal, by writ of or Court of Aperror, or otherwise, from the existing circuit courts shall be had peals. only in the Supreme Court of the United States or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same. SEC. 5. That appeals or writs of error may be taken from the dis- Appeals direct trict courts or from the existing circuit courts direct to the Supreme to Supreme Court, Court in the following cases: when. In any case in which the jurisdiction of the court is in issue; in in questions of such cases the question of jurisdiction alone shall be certified to the jurisdiction. Supreme Court from the court below for decision. From the final sentences and decrees in prize causes. - prizes. In cases of conviction of a capital or otherwise infamous crime. capital crimes, &c. 140 U. S., 200. In any case that involves the construction or application of the constitutional Constitution of the United States. questions. constitution In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its ality of law of U. authority, is drawn in question. S., &c. constitutionality of State laws. Appeals from State court. R. S., § 709. In any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Nothing in this act shall affect the jurisdiction of the Supreme Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such cases. SEC. 6. That the circuit courts of appeals established by this act shall exercise appellate jurisdiction to review by appeal or by writ Appeals,-jurisof error final decision in the district court and the existing circuit courts in all cases other than those provided for in the preceding section of this act, unless otherwise provided by law, diction. judgments cases. And the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely final, in what upon the opposite parties to the suit or controversy, being aliens and citizens of the United States or citizens of different States; also in all cases arising under the patent laws, under the revenue laws, and under the criminal laws and in admiralty cases, Excepting that in every such subject within its appellate juris- may certify diction the circuit court of appeals at any time may certify to the questions to SuSupreme Court of the United States any questions or propositions of preme Court for instruction. law concerning which it desires the instruction of that court for its proper decision. And thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit courts of appeals in such case, or it may require that the whole record and cause may be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. Proceedings in Supreme Court in such oases. Certiorari to Su And excepting also that in any such case as is herein before made final in the circuit court of appeals it shall be competent for the preme Court. Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. |