Proclamation. Land districts to be created. Expenses. of the public domain for the purpose of such disposition as is herein provided, and the President is authorized as soon thereafter as he may deem advisable, by proclamation open said lands to settlement in the same manner and to the same effect, as in this act provided concerning the lands acquired from said Creek Indians, but until said lands are opened for settlement by proclamation of the President, no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall be permitted to enter any of said lands or acquire any right thereto. SEC. 15. That the President may whenever he deems it necessary create not to exceed two land districts embracing the lands which he may open to settlement by proclamation as herein before provided, and he is empowered to locate land offices for the same appointing thereto in conformity to existing law registers and receivers and for the purpose of carrying out this provision five thousand dollars or so much thereof as may be necessary is hereby appropriated. Approved, March 2, 1889. March 2, 1889. Pawnbrokers, D. C. Commissioners. CHAP. 413.-An act to regulate and license pawnbrokers in the District of Columbia, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia may from time to time grant licenses, under their hands and seal, to such persons citizens of the United States as shall produce to them satisfactory evidence of their good character, to exercise or carry on the business of a pawnbroker, which license shall designate the building in which said person shall carry on said business; and no person shall exercise or carry on the business of a pawnbroker without being duly licensed by the commissioners of the District of Columbia, nor in any other building than the one designated in said license, except by the consent in Penalty for carrying writing of the said commissioners, under the penalty of fifty dollars for each day he or she shall exercise or carry on said business without such license, or in any other building than the one so designated, Definition of pawn- except by the consent of the Commissioners as aforesaid, Any per son, corporation, member, or members of a corporation or firm who loans money on deposits or pledge on personal property, or other valuable thing, other than securities or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, is hereby declared and defined to be a pawnbroker. on business without license. broker. Cost of license. To issue yearly. Bond for due observance of law SEC. 2. That every person receiving such license shall pay therefor the sum of one hundred dollars for the use of the District of Columbia yearly, and every such license shall expire one year from the date thereof, and may be renewed on application to the Commissioners of the District each and every year on payment of the same sum, and upon performance of the other conditions herein contained. SEC. 3. That every person so licensed shall at the time of receiving such license, and before the same shall be operative, enter, with two sufficient sureties, into a joint and several recognizance to the Commissioners of the District of Columbia, in the penal sum of three thousand dollars, conditioned for the due observance of all such acts of the Congress of the United States as may be passed or in force respecting pawnbrokers at any time during the continuance Recovery against of such license. If any person shall be aggrieved by the misconduct of any such licensed pawnbroker, and shall recover judgment against him therefor, such person may, after the return unsatisfied, either surety. in whole or part, of any execution issued upon said judgment, maintain an action in his own name upon the bond of said pawnbroker in any court having jurisdiction, of the amount claimed, provided such court shall, upon application made for the purpose, grant such leave to prosecute. SEC. 4. That every pawnbroker shall keep a book in which shall be fairly written, at the time of each loan, an accurate account and description of the goods, article, or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article, or thing, together with a particular description of such person, including complexion, color of eyes and hair, and his or her height and general appearance. SEC. 5. That every pawnbroker, shall, at the time of each loan deliver to the person pawning or pledging any goods, article, or thing a memorandum or note, signed by him or her, containing the substance of the entry required to be made in his or her book by the last preceding section, excepting as to the description of the person and no charge shall be made or received by any pawnbroker for any such entry, memorandum or note. SEC. 6. That the said book shall at all reasonable times be open to the inspection of the Commissioners of the District of Columbia, all judges of criminal courts, major and superintendent of police, captains of police of the city of Washington, District of Columbia, or any or either of them, or of any policeman who shall be duly authorized in writing for that purpose by any or either of them, and who shall exhibit such written authority to such pawnbroker. SEC. 7. That no pawnbroker shall ask, demand, or receive any greater rate of interest than twenty-four per centum, per annum upon any loan not exceeding the sum of twenty-five dollars, or more than twelve per centum per annum upon any loan exceeding the sum of twenty five dollars, under the penalty of one hundred dollars for every such offense. Book of entries of goods, etc., pawned. Particulars. Memorandum of re ceipt. Book to be open to the authorities. Maximum rate of in terest on loans. Goods to remain in sale. SEC. 8. That no pawnbroker shall sell any pawn or pledge until the same shall have remained one year in his or her possession, unless by pawn one year before consent in writing of the pawner; and all such sales shall be made at public auction and not otherwise, and shall be made or conducted by such auctioneers as shall be designated and approved of for that purpose by the Commissioners of the District of Columbia. SEC. 9. That notice of every such sale shall be published for at least Notice of sale, etc. six days previous thereto, in one or more of the daily newspapers of general circulation printed in the city of Washington, District of Columbia, and such notice shall specify the time and place at which such sale is to take place, the name of the auctioneer by whom the same is to be conducted, and a description of the articles to be sold. SEC. 10. That the surplus money, if any, arising from any such sale, after deducting the amount of the loan, the interest then due on the same, and the expenses of the advertisement and sale, shall be paid over by the pawnbroker to the person who would be entitled to redeem the pledge in case no such sale had taken place. Disposal of surplus of sale. SEC 11 That no pawnbroker shall make any loan on the separate Loans forbidden. or divided part or parts of any one article or thing, and which article or thing shall have been offered entire or collectively to him or her by way of pawn or pledge. SEC 12. That no pawnbroker shall, under any pretense whatever, Purchases forbidden. purchase or buy any second-hand furniture, metals, or clothes, or any other article or thing whatever offered to him or her as a pawn or pledge, except at sale by public auction, as herein before provided. SEC. 13. That any pawnbroker who shall violate or neglect or refuse to comply with any or either of the provisions of this act, except tions. Penalty for viola Repeal. those contained in sections one and seven, shall, for every such offense, upon conviction before a court of competent jurisdiction, pay a fine of not more than one hundred dollars, for the use of the District of Columbia. SEC 14. That all acts and parts of acts inconsistent herewith be, and the same are hereby, repealed. Approved, March 2, 1889. March 2, 1889. Forfeiture of un earned lands granted to railroads in Michi gan. Vol. 11, p. 21. domain. CHAP. 414.--An act to forfeit lands granted to the State of Michigan to aid in the construction of a railroad from Marquette to Ontonagon, in said State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto all lands heretofore granted to the State of Michigan by virtue of an act entitled "An act making a grant of alternate sections of the public lands to the State of Michigan, to aid in the construction of certain railroads in said State and for other purposes," which took effect June third, eighteen hundred and fifty-six, which are opposite to and coterminous with the uncompleted portion of any Restored to public railroad,. to aid in the construction of which said lands were granted or applied, and all such lands are hereby declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or depot grounds of any railroad company heretofore granted: And provided further, That nothing in this act contained shall be construed as limiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amending said act, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title. Provisos. Rights of way, etc. Settlers' rights not limited. Vol. 24, p. 556. Lands earned by construction not forfeited. Provisos. Location. SEC. 2. That nothing in this act shall be construed as forfeiting any lands that have been heretofore earned by the location and construction of any portion of any railroad hereinbefore mentioned under any act of Congress making a grant of public lands in the State of Michigan, Provided: That such lands lie opposite such constructed road, or if indemnity lands are provided in such grants the same shall be selected from the public lands within such indemnity limits lying nearest to such constructed road: And provided further, Rights of legal or That this act shall not be construed to prejudice any right of the equitable relief not Portage Lake Canal Company, or the Ontonagon and Brule River Railroad Company, or any person claiming under them, to apply hereafter to the courts or to Congress for any legal or equitable relief to which they may now be entitled, nor to prejudice any right of forfeiture, as hereby declared, or recovery of the United States in respect of any of the lands claimed by said companies, nor to the prejudice of the right of any person claiming adversely to said companies or their assigns, under the laws of the United States. impaired. Confirmation of cer SEC. 3. That in all cases when any of the lands forfeited by the tain lands disposed of. first section of this act, or when any lands relinquished to, or for any cause resumed by, the United States from grants for railroad purposes, heretofore made to the State of Michigan, have heretofore been disposed of by the proper officers of the United States or under State selections in Michigan confirmed by the Secretary of the Interior, under color of the public-land laws, where the consideration received therefor is still retained by the Government, the right and title of all persons holding or claiming under such disposals shall be, and is hereby, confirmed: Provided, however, Proviso. Cash purchasers. homestead claims. Disposition of for That where the original cash purchasers are the present owners this act shall be operative to confirm the title only of such said cash purchasers as the Secretary of the Interior shall be satisfied have purchased without fraud and in the belief that they were thereby obtaining valid title from the United States. That nothing herein contained shall be construed to confirm any sales or entries of lands, or any tract in any such State selection, upon which there were bona fide preemption or homestead claims on the first day of Pre-emption and May, eighteen hundred and eighty-eight, arising or asserted by actual occupation of the land under color of the laws of the United States, and all such preemption and homestead claims are hereby confirmed. SEC. 4. That no lands declared forfeited to the United States by this act shall inure to the benefit of any State or corporation to feited lands. which lands may have been granted by Congress except as herein otherwise provided; nor shall this act be construed to enlarge the area of land originally covered by any such grant, or to waive or release in any way any right of the United States now existing to have any other lands granted by them, as recited in the first section, forfeited for any failure, past or future, to comply with the conditions of the grant. Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such lines has been completed, inure, by virtue of the forfeiture hereby declared, to the benefit of the completed line. Present. settlers allowed to make entry SEC. 5. That all persons who may have settled upon and are now in possession of any of the lands hereby forfeited, and who may de- for time of residence. sire to enter the same under the homestead law, shall be allowed, when making final proof, for the time they have already resided upon and cultivated the same. Approved, March 2, 1889. CHAP. 415.-An act to provide for the protection of the salmon fisheries of Alaska March 2, 1889. Salmon fisheries, Alaska. ful. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the erection of dams, barricades, or other obstructions in any of the rivers of Alaska, with the purpose or result of preventing or impeding the etc., in rivers unlaw ascent of salmon or other anadromous species to their spawning grounds, is hereby declared to be unlawful, and the Secretary of the Treasury is hereby authorized and directed to establish such regulations and surveillance as may be necessary to insure that this prohibition is strictly enforced and to otherwise protect the salmon fisheries of Alaska; and every person who shall be found guilty of a Punishment. violation of the provisions of this section shall be fined not less than two hundred and fifty dollars for each day of the continuance of such obstruction. SEC 2. That the Commissioner of Fish and Fisheries is hereby Investigation into empowered and directed to institute an investigation into the habits, habits, etc., of salmon. abundance, and distribution of the salmon of Alaska, as well as the present conditions and methods of the fisheries, with a view of recommending to Congress such additional legislation as may be necessary to prevent the impairment or exhaustion of these valuable fisheries, and placing them under regular and permanent conditions of production. SEC 3. That section nineteen hundred and fifty-six of the Revised Statutes of the United States is hereby declared to include and apply to all the dominion of the United States in the waters of Behring Sea; and it shall be the duty of the President, at a timely season in each year, to issue his proclamation and cause the same to be published STAT L-VOL XXV-64 Behring Sea animals in the dominion of the United Killing of fur-bearing States in, prohibited. Proclamation. for one month in at least one newspaper if any such there be published at each United States port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of the United States to diligently cruise said waters and Arrest of violators. arrest all persons, and seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein. Approved, March 2, 1889. March 2, 1889. peg Railway Company and White Earth In Minn. Location. CHAP. 416.-An act granting to the Duluth and Winnipeg Railway Company the right of way through the Leech Lake and White Earth Indian Reservations in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the Duluth and Winni- United States of America in Congress assembled, That there is hereby granted right of way granted to the Duluth and Winnipeg Railway Company, a corporathrough Leech Lake tion organized and existing under the laws of the State of Minnesota, dian Reservati ns, and its assigns, the right of way for the extension of its railroad through the Leech Lake and White Earth Indian Reservations in said State: Commencing at Duluth and running by the most practicable route to some point on the international boundary-line between the Lake of the Woods and the Red River of the North. Such right of way shall be fifty feet in width on each side of the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road material, stone, and earth necessary for the construction of said railroad; also grounds adjacent to such right of way for station buildings, depots, machineshops, side-tracks, turn-outs, and water-stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, and to an extent not exceeding one station for each six miles of road within the limits of said reservations. Width. Stations, etc. Compensation for damages, etc. Litigation. SEC. 2. That before said railway shall be constructed through any land, claim, or improvement held by individual occupants according to any treaties or laws of the United States, compensation shall be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railway. 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 for the settlement of like controversies in such Payment to Indians. cases. The amount of damages resulting to the tribe or tribes of Indians pertaining to said reservations in their tribal capacity by reason of the construction of said railway 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, 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 the grounds for station buildings, depots, machine-shops, side-tracks, Secretary of Interior turn-outs, and water-stations, shall have been approved by the Secto approve location, retary of the Interior, and until the compensation aforesaid shall etc. Survey. Regulations. have been fixed and paid, and the consent of the Indians on said reservations to the provisions of this act shall have been first obtained in a manner satisfactory to the President of the United States. 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. |