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required for the purpose now authorized they shall be returned and delivered to the United States at such point as the Secretary of War may designate, and the care of said guns and carriages shall be at the expense of the city of Boston while in the possession of said city for the park purposes herein before set forth

Approved, April 20, 1904.

CHAP. 1400.-An Act Conferring jurisdiction upon United States commissioners over offenses committed in a portion of the permanent Hot Springs Mountain Reservation, Arkansas.

April 20, 1904. [A. R. 13350.] [Public, No. 124.]

Hot Springs Mountain Reservation, Ark. Cession of jurisdic

accepted.

Vol. 19, p. 377.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the portion of the Hot Springs Mountain Reservation in the State of Arkansas situated and lying within boundaries defined as follows, commencing at stone tion by Arkansas in, monument numbered seven, set upon the west line of Reserve avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain street to a stone monument numbered forty-two and marking the boundary line of Hot Springs Mountain; thence along the south line of Fountain street to its intersection with Central avenue or to stone monument numbered thirty-three; thence south along the east line of Central avenue to where the same is intersected by Reserve avenue at stone monument numbered thirty; thence along the north boundary line of Reserve avenue to stone monument numbered seven, the point of commencement; all in township two south, range nineteen west, in the county of Garland and State of Arkansas, being a part of the permanent United States Hot Springs Reservation," sole and exclusive jurisdiction over which was ceded to the United States by an act of the general assembly of the State of Arkansas, entitled "An act ceding jurisdiction to the United States over a part of the Hot Springs Mountain Reservation," approved February twenty-first, nineteen hundred and three, which cession is hereby accepted, or within such boundaries as may be defined hereafter, shall be under the sole and exclusive jurisdiction of the United States, and all laws applicable to places under such sole and exclusive jurisdiction shall have full force and effect therein: Provided, That nothing in this Act shall be so construed as to forbid the service within said boundaries of any civil or kansas courts. criminal process of any court having jurisdiction in the State of Arkansas; that all fugitives from justice taking refuge within said boundaries shall, on due application to the executive of said State, whose warrant may lawfully run within said territory for said purpose, be subject to the laws which apply to fugitives from justice found in the State of Arkansas: And provided further, That this Act shall not be so construed as to interfere with the right to tax all structures and other property in private ownership within the boundaries above described, accorded to the State of Arkansas by section five of the Act of Congress approved March third, eighteen hundred and ninety-one, entitled "An Act to regulate the granting of leases at Hot Springs, Arkansas, and for other purposes."

Provisos.
Jurisdiction of Ar-

Taxation.

Vol. 26, p. 844.

sas eastern judicial

SEC. 2. That said above-described portion of said reservation shall To be part of Arkanconstitute a part of the eastern United States judicial district of district. Arkansas, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses committed within said boundaries.

Protection to prop

SEC. 3. That any person who shall, within the said above-mentioned tract, commit any damage, injury, or spoliation to or upon any build- erty, etc. ing fence, hedge, gate, guidepost, tree, wood, underwood, timber.

Penalty.

Bathing, etc., strictions.

re

garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars and be adjudged to pay all costs of the proceedings.

SEC. 4. That any person who shall, except in compliance with such rules and regulations as the Secretary of the Interior may deem necessary, and which he is hereby authorized and directed to make, enter or attempt to enter upon said described tract, take, or attempt to take, use, or attempt to use, bathe in, or attempt to bathe in water of any spring located thereon, or without presenting satisfactory evidence that he or she (provided he or she is under medical treatment) is the patient of a physician duly registered at the office of the superintendent of the Hot Springs Reservation as one qualified, under such rules which the Secretary of the Interior may have made or shall make, to prescribe the waters of the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars, and be adjudged to pay all costs of the proceedings: Provided, That no physician who shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain thus registered: And provided further, Only permits by That if any person so bathing, or attempting to bathe, or so entering, or attempting to enter upon the described tract, shall have the permit of a physician, such physician shall be liable to the penalties of this section, unless he be regularly registered; and such person shall not be liable to the penalties of this section, unless it shall be made to appear that he knew, or had reason to believe, that the physician giving him such permit was not regularly registered.

Penalty.

Provisos.

Soliciting patronage

by registered physi

cíans forbidden.

registered physician valid.

Punishment of of

fenses.

Arrests.

SEC. 5. That if any act shall be committed within said boundaries which would constitute an offense under the municipal ordinances of the city of Hot Springs or the laws of the State of Arkansas, but which is not prohibited or the punishment of which is not specially provided for by any law of the United States, regulation of the Secretary of the Interior, or by this Act, the offender shall be subject to the same punishment as the said municipal ordinances of the city of Hot Springs, or the laws of the State of Arkansas in force at the time of the commission of the offense, may provide for a like offense in the said State, and no subsequent repeal of any such law or ordinance shall affect any pending prosecution for an offense committed within said boundaries.

SEC. 6. That such commissioner shall have power, upon sworn complaint, to issue process in the name of the United States for the arrest of any person charged with the doing, otherwise than in compliance with the rules and regulations of the Secretary of the Interior, of any act with reference to the matters which the Secretary of the Interior in section four of this Act is authorized to regulate, or in violation of such rules and regulations, or in violation of any provision of this Act, or with any misdemeanor or other like offense the punishment provided for which does not exceed a fine of one hundred dollars to try the person thus charged, and if found guilty, to impose the penalty prescribed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States district court for kules of procedure. the eastern district of Arkansas. The said United States district court shall prescribe rules of procedure and practice for said commissioner in the trial of cases and with reference to said appeals.

Appeal.

Process in other criminal offenses.

SEC. 7. That said commissioner shall also have power to issue process as herein before provided for the arrest of any person charged with the commission, within said boundaries, of any criminal offense not covered by the provisions of section six of this Act, to hear the

evidence introduced, and if he is of opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place for confinement, within the jurisdiction of the United States district court for the eastern district of Arkansas, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bailable under the laws of the United States or of the State of Arkansas or the ordinances of the city of Hot Springs.

Proviso.

Bail.

Arrests may be made by police, etc.

SEC. 8. That all process issued by the commissioner shall be directed
to the marshal of the United States for the eastern district of Arkan-
sas, but nothing herein contained shall be so construed as to prevent
the arrest by any officer of the Government, police of said reservation,
police officer of the city of Hot Springs, or employee of the United
States within said boundaries, without process, of any person taken in
the act of violating the law or this Act, or doing anything with refer-
ence to the matters which in section four of this Act the Secretary of Ante, p. 188.
the Interior is authorized to regulate, except in compliance with such
rules and regulations, or committing any act in violation of such
regulations.

SEC. 9. That the commissioner referred to in this Act and the marshal of the United States and his deputies in the eastern district of Arkansas shall be paid the same fees and compensation as are now provided by law for like services in said district.

etc.

Fees, etc.

SEC. 10. That all fees, costs, and expenses arising in cases under Payment of this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States.

SEC. 11. That all fines and costs imposed and collected shall be deposited by said commissioner of the United States or the marshal of the United States collecting the same with the clerk of the United States district court for the judicial district in which said reservation may be situated.

of

Fines, etc.

nonpayment.

fees,

SEC. 12. That all persons who may be imprisoned for nonpayment Imprisonment for any fine, or costs, provided for by this Act, or awaiting trial without bail, shall be confined in the jail of Pulaski County, at Little Rock, Arkansas, or at such place as may be otherwise designated.

SEC. 13. That upon the conviction of a party upon trial by said commissioner, or by said district court, execution of sentence shall be in conformity with the laws of the United States, anything in the statutes of the State of Arkansas to the contrary notwithstanding. Approved, April 20, 1904.

Execution of sen

tence.

CHAP. 1402.-An Act Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and in full compensation for all offices the salaries for which are specially provided for herein, for the service of the fiscal vear ending June thirtieth, nine

April 21, 1904. [H. R. 12684.] [Public, No. 125.]

Indian Department appropriations

Pay of agents.

Provisos.

Not available for

list as agents.

teen hundred and five, and for fulfilling treaty stipulations with various Indian tribes, namely:

CURRENT AND CONTINGENT EXPENSES.

For pay of twenty-three agents of Indian affairs at the followingnamed agencies, at the rates respectively indicated, namely:

At the Blackfeet Agency, Montana, one thousand eight hundred dollars:

At the Cheyenne River AgeLey, South Dakota, one thousand eight hundred dollars;

At the Colville Agency, Washington, one thousand five hundred dollars;

At the Crow Agency, Montana, one thousand eight hundred dollars; At the Crow Creek Agency, South Dakota, one thousand six hundred dollars;

At the Flathead Agency, Montana, one thousand five hundred dollars;

At the Green Bay Agency, Wisconsin, one thousand eight hundred dollars;

At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the La Pointe Agency, Wisconsin, one thousand eight hundred dollars;

At the Leech Lake Agency, Minnesota, one thousand eight hundred dollars;

At the Lower Brule Agency, South Dakota, one thousand four hundred dollars;

At the New York Agency, New York, one thousand dollars;

At the Osage Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the Pine Ridge Agency, South Dakota, one thousand eight hundred dollars;

At the Rosebud Agency, South Dakota, one thousand eight hundred dollars;

At the San Carlos Agency, Arizona, one thousand eight hundred dollars;

At the Shoshone Agency, Wyoming, one thousand eight hundred dollars;

At the Sisseton Agency, South Dakota, one thousand t ve hundred dollars;

At the Standing Rock Agency, North Dakota, one thousand eight hundred dollars;

At the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars;

At the Union Agency, Indian Territory, three thousand dollars; At the White Earth Agency, Minnesota, one thousand eight hundred dollars;

At the Yankton Agency, South Dakota, one thousand six hundred dollars;

In all, forty thousand one hundred dollars: Provided, That the forearmy officers on active going appropriations shall not take effect nor become available in any case for or during the time in which any officer on the active list of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies above named: Provided further, That the Commissioner of Indian Affairs, with the as approval of the Secretary of the Interior, may devolve the duties of any Indian agency or any part thereof upon the superintendent of the Indian training school located at such agency whenever in his judgment such superintendent can properly perform the duties of such agency.

School superintend

ents may act agents.

Bond.

And the superintendent upon whom such duties devolve shall give bond as other Indian agents.

For payment of necessary interpreters, to be distributed in the dis- Interpreters. cretion of the Secretary of the Interior, four thousand dollars; but

no person employed by the United States and paid for any other service

shall be paid for interpreting.

For pay of eight Indian inspectors, one of whom shall be an engineer Inspectors.
competent in the location, construction, and maintenance of irrigation
works, at two thousand five hundred dollars per annum each, twenty
thousand dollars.

For traveling expenses of eight Indian inspectors, at three dollars Expenses.
per day when actually employed on duty in the field, exclusive of
transportation and sleeping-car fare, in lieu of all other expenses now
authorized by law, and for incidental expenses of inspection and inves-
tigation, including telegraphing and expenses of going to and going
from the seat of government, and while remaining there under orders
and direction of the Secretary of the Interior, for a period not to
exceed twenty days, twelve thousand eight hundred dollars.
For pay of one superintendent of Indian schools, three thousand
dollars.

For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That he shall be allowed three dollars per day for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior.

For buildings and repairs of buildings at agencies and for rent of buildings for agency purposes and for water supply at agencies, sixty thousand dollars.

Superintendent of

schools.

Traveling, etc., expenses.

Provisos.
Per diem.

Other duties.

Agency buildings.

For contingencies of the Indian Service, including traveling and Contingencies incidental expenses of Indian agents and of their offices, and of the Commissioner of Indian Affairs; also traveling and incidental expenses of special agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Commissioner of Indian Affairs, for a period not to exceed twenty days; for pay of employees not otherwise provided for, and for pay of the five special agents, at two thousand dollars per annum each, sixty thousand dollars: Provided, That hereafter when it becomes necessary to make large per payments." capita payments to Indians, the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, is hereby authorized to require any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary to make such payment in one installment, the expenses incurred in procuring such special bond Special bond. to be paid by the United States from this appropriation.

Proviso.

Large

per cap ta

Citizen commission.
Vol. 16, p. 40.

Rent.

For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the Act of April tenth, eighteen hundred and sixty-nine, four thousand dollars, of which amount a sum not to exceed three hundred dollars may be used by the commission for office rent. To enable the Commissioner of Indian Affairs to employ practical Practical farmers. farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding

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