SEC. 4. That the Secretary of the Interior shall prescribe such Regulations. rules and regulations as will be necessary to the carrying out of the foregoing provisions. Approved, June 25, 1910. CHAP. 407.-An Act To authorize advances to the "reclamation fund," and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes. June 25, 1910. [H. R. 18398.] [Public, No. 289.] Reclamation fund. for projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of the Interior to complete government reclamation projects hereto- Treasury authorized fore begun, the Secretary of the Treasury is authorized, upon request of the Secretary of the Interior, to transfer from time to time to the credit of the reclamation fund created by the Act entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, such sum or sums, not exceeding in the Aggregate. aggregate twenty million dollars, as the Secretary of the Interior may deem necessary to complete the said reclamation projects, and such extensions thereof as he may deem proper and necessary to the successful and profitable operation and maintenance thereof or to protect water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President of the United States; and such sum or sums as may be required to comply with Appropriation. the foregoing authority are hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the sums hereby authorized to be transferred to the reclamation fund shall be formed. so transferred only as such sums shall be actually needed to meet payments for work performed under existing law: And provided Reimbursement. further, That all sums so transferred shall be reimbursed to the Examination and Treasury from the reclamation fund, as hereinafter provided: And approval of projects provided further, That no part of this appropriation shall be ex- required. pended upon any existing project until it shall have been examined and reported upon by a board of engineer officers of the Army, designated by the President of the United States, and until it shall be approved by the President as feasible and practicable and worthy of such expenditure; nor shall any portion of this appropriation be expended upon any new project. Provisos. Issue of certificates of indebtedness a u SEC. 2. That for the purpose of providing the Treasury with funds for such advances to the reclamation fund, the Secretary of the Treas- thorized. ury is authorized to issue certificates of indebtedness of the United States in such form as he may prescribe and in denominations of fifty dollars, or multiples of that sum; said certificates to be redeemable at the option of the United States at any time after three years from the date of their issue and to be payable five years after such date, and to bear interest, payable semiannually, at not exceeding three per centum per annum; the principal and interest to be payable in gold coin of the United States. The certificates of indebtedness herein Disposal of. authorized may be disposed of by the Secretary of the Treasury at not less than par, under such rules and regulations as he may prescribe, giving all citizens of the United States an equal opportunity to subscribe therefor, but no commission shall be allowed and the aggregate Aggregate limited. issue of such certificates shall not exceed the amount of all advances made to said reclamation fund, and in no event shall the same exceed the sum of twenty million dollars. The certificates of indebtedness herein authorized shall be exempt from taxes or duties of the United States as well as from taxation in any form by or under state, municipal, or local authority; and a sum not exceeding one-tenth of one per preparing, etc. Exempt from taxa tion. Appropriation for Fifty per cent of reclamation receipts to uzy. centum of the amount of the certificates of indebtedness issued under this Act is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. SEC. 3. That beginning five years after the date of the first advance be paid into the Treas to the reclamation fund under this Act, fifty per centum of the annual receipts of the reclamation fund shall be paid into the general fund of the Treasury of the United States until payment so made shall equal the aggregate amount of advances made by the Treasury to said reclamation fund, together with interest paid on the certificates of indebtedness issued under this Act and any expense incident to preparing, advertising, and issuing the same. Limitation on use of fund. SEC. 4. That all money placed to the credit of the reclamation fund in pursuance of this Act shall be devoted exclusively to the completion of work on reclamation projects heretofore begun as herein before provided, and the same shall be included with all other expenses in future estimates of construction, operation, or maintenance, and Order of President hereafter no irrigation project contemplated by said Act of June seventeenth, nineteen hundred and two, shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States. required for new projects. No entries allowed fixed, etc. SEC. 5. That no entry shall be hereafter made and no entryman until unit and charges shall be permitted to go upon lands reserved for irrigation purposes until the Secretary of the Interior shall have established the unit of acreage and fixed the water charges and the date when the water can be applied and made public announcement of the same. Former provision for expenditures repealed. Vol. 32, p. 390, repealed. June 25, 1910. [H. R. 18978.] [Public, No. 290.] Public lands. Okla. Description. SEC. 6. That section nine of said Act of Congress, approved June seventeenth, nineteen hundred and two, entitled "An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," is hereby repealed. Approved, June 25, 1910. CHAP. 408.-An Act To authorize the Secretary of the Interior to issue a patent to the city of Anadarko, State of Oklahoma, for a tract of land, 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 Secretary of the Grant to Anadarko, Interior is hereby authorized and directed to issue patent to the city of Anadarko, State of Oklahoma, for park, street, and other municipal purposes, to the following-described tract of land, to wit: Beginning at a stone fifty-two and three-tenths feet south of the southwest corner of block thirty, according to the official plat of the city of Anadarko, State of Oklahoma, thence west one thousand three hundred and twenty and one-tenth feet to a stone, thence north six and thirty-five one-hundredths feet to the right of way of the Chicago, Rock Island and Pacific Railroad, thence in a northeasterly direction along said right of way one thousand three hundred and twenty-five feet, thence south one hundred and eighteen and nine-tenths feet to place of beginning, a portion of said tract being in the southwest quarter of section fifteen and a portion of said tract being in the southeast quarter of section sixteen, all in township seven north of range ten west of the Indian meridian, containing one and eighty-nine one-hundredths acres, more or less. Sale of lots to Anadarko, Okla. Description. SEC. 2. That the Secretary of the Interior be, and is hereby, authorized to make an appraisement of the lands hereinafter described and to sell the said land to the city of Anadarko, State of Oklahoma, at the appraised price thereof, the said lands being as follows, to wit: Lots five, six, seven, and eight in section nine, lot five in section ten, lots six and seven and that part of lots four and five in section fifteen described as follows: Beginning at a point one hundred and forty and eight-tenths feet west of the southeast corner of lot five and running thence due north one thousand three hundred and sixty feet, thence in a northeast direction eight hundred feet into lot four to a point one hundred and fifty feet due south of the center of the Washita River, thence due north one hundred and fifty feet to the center of said river, thence up said river on a meandering line to a point where said line intersects the west boundary of said lot five, thence south along said boundary one thousand one hundred and fifty feet, thence east along the boundary line between said lot five and the town-site of Anadarko to the place of beginning; also the fractional west half of the northwest quarter of the southwest quarter, of section fifteen, lying north of the Chicago, Rock Island and Pacific Railway; lots eight, nine, ten, eleven, twelve, and thirteen, and the west half of the northeast quarter and the southeast quarter of the northeast quarter, and the fractional northeast quarter of the southeast quarter lying north of the Chicago, Rock Island and Pacific Railway, in section sixteen; all in township seven north, range ten west of the Indian meridian and south of the Washita River, containing four hundred and sixty-four and thirty-two one-hundredths acres of land, more or less, situate in the county of Caddo and the State of Oklahoma, except a tract_to_be designated by the Secretary of the Interior to include the Indian cemetery now located within said tract: Provided, That the sale shall be made upon such terms and conditions as to deferred payments as may be prescribed by the Secretary of the Interior, with the limitation that not less than twenty per centum of the purchase price shall be paid in cash at the time of sale: And provided further, That the Option to Anadarko said city of Anadarko shall have sixty days from the approval of said appraisement to purchase said tract, and in the event that the same shall not be purchased by said city within said time the Anadarko Commercial Club may make the purchase under the terms described herein, within sixty days from the expiration of the time allowed the city of Anadarko to make such purchase. Indian cemetery excepted. Provisos. Commercial Club. Oklahoma eastern district. appeals in allotment SEC. 3. That an appeal to the Supreme Court of the United States in all suits affecting the allotted lands within the eastern district of Appeals to court of Oklahoma or on demurrers in such suits appealed to the United States cases. circuit court of appeals, eighth circuit, is hereby authorized to be made by any of the parties thereto, including appeals from orders reversing judgments of the trial court. Approved, June 25, 1910. CHAP. 409.-An Act To amend section fourteen of "An Act to provide for the bringing of suits against the Government of the United States," approved March third, eighteen hundred and eighty-seven. June 25, 1910. [H. R. 19287.] [Public, No. 291.] Vol. 24, p. amended. 508, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fourteen of the Tucker Act claims. Act of March third, eighteen hundred and eighty-seven, entitled "An Act to provide for the bringing of suits against the Government of the United States," be, and the same is hereby, amended by adding at the end thereof the words "together with such conclusions as shall be sufficient to inform Congress of the nature and character of the demand, either as a claim, legal or equitable, or as a gratuity, against the United States," so that when amended it shall read as follows: Reference to Court of Claims of claims "SEC. 14. That whenever any bill, except for a pension, shall be pending in either House of Congress providing for the payment of a pending in Congress. claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may refer the same to the Court of Claims, who shall proceed with the same in accordance with the provisions of the Act approved March Proceedings. Congress. third, eighteen hundred and eighty-three, entitled 'An Act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government,' and Report of facts to report to such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim, or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed, or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy, together with such Conclusions, etc., conclusions as shall be sufficient to inform Congress of the nature and character of the demand, either as a claim, legal or equitable, or as a gratuity, against the United States and the amount if any legally or equitably due from the United States to the claimant." added. June 25, 1910. [H. R. 20148.] [Public, No. 292.] New York eastern judicial district. authorized for. Approved, June 25, 1910. CHAP. 410.—An Act To provide for an additional judge of the district court for the eastern district of New York. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Additional judge United States, by and with the advice and consent of the Senate, shall appoint an additional judge of the district court of the United States for the eastern district of New York, who shall reside in said R. S., sec. 551, p. 93. district, and who shall possess the same powers, perform the same duties, and receive the same compensation as the present district judge of said eastern district. June 25, 1910. [H. R. 20367.] [Public, No. 293.] judicial district. SEC. 2. That this Act shall take effect immediately. CHAP. 411.-An Act Providing for an increase of salary for the United States marshal for the eastern district of Louisiana. Be it enacted by the Senate and House of Representatives of the United Louisiana eastern States of America in Congress assembled, That, commencing with the Marshal's salary in- fiscal year beginning July first, nineteen hundred and ten, the salary of the United States marshal for the eastern district of Louisiana be fixed at the rate of four thousand dollars per annum. Approved, June 25, 1910. creased. Vol. 29, p. 181, amended. June 25, 1910. [H. R. 20575.] [Public, No. 294.] Bankruptcy amendments. Vol. 30, p. 546. Vol. 32, p. 797. Vol. 34, p. 267. CHAP. 412.-An Act To amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July first, eighteen hundred and ninety-eight, as amended by an Act approved February fifth, nineteen hundred and three, and as further amended by an Act approved June fifteenth, nineteen hundred and six. Be it enacted by the Senate and House of Representatives of the United act States of America in Congress assembled, That clause five of section two of the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July first, eighteen hundred and ninety-eight, as amended by an Act approved February fifth, nineteen hundred and three, and as further amended by an Act approved June fifteenth, nineteen hundred and six, be, and the same hereby is, amended so as to read as follows: Receivers, etc. "Authorize the business of bankrupts to be conducted for limited continuing business, periods by receivers, the marshals, or trustees, if necessary in the Vode2, P. 797, best interests of the estates, and allow such officers additional compensation for such services, as provided in section forty-eight of this Act." amended. Post, p. 840. Powers of court ex tended. SEC. 2. That section two of said Act as so amended be, and the same hereby is, amended by striking from clause nineteen thereof the word "and" and adding a new clause, to be known as clause amended. twenty, so that said clauses shall read as follows: "(19) Transfer cases to other courts of bankruptcy; and (20) exercise ancillary jurisdiction over persons or property within their respective territorial limits in aid of a receiver or trustee appointed in any bankruptcy proceedings pending in any other court of bankruptcy." Ancillary jurisdiction to other courts. Vol. 30, p. 547, SEC. 3. That section four, clause a, of said Act, as so amended, be, amended. and the same hereby is, amended so as to read as follows: "SEC. 4. WHO MAY BECOME BANKRUPTS.- -a. Any person, except a municipal, railroad, insurance, or banking corporation, shall be entitled to the benefits of this Act as a voluntary bankrupt." SEC. 4. That section four, clause b, of said Act, as so amended, be, and the same hereby is, amended so as to read as follows: Voluntary bankrupts. Corporations ex cepted. 32, p. 797, amended. Vol. 34, p. 749; Vol. Involuntary bank Corporations ex Any natural person, except a wage-earner or a person engaged rupts. chiefly in farming or the tillage of the soil, any unincorporated company, and any moneyed, business, or commercial corporation, except cer a municipal, railroad, insurance, or banking corporation, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. "The bankruptcy of a corporation shall not release its officers, Liability of corporadirectors, or stockholders, as such, from any liability under the laws of a State or Territory or of the United States." SO SEC. 5. That section twelve, subdivision a, of said Act as amended be, and the same hereby is, amended so as to read as follows: Vol. 30, p. 549, amended. Compositions. "A bankrupt may offer, either before or after adjudication, terms of composition to his creditors after, but not before, he has been may be offered. examined in open court or at a meeting of his creditors, and has filed in court the schedule of his property and the list of his creditors required to be filed by bankrupts. In compositions before adjudi- Meeting of creditors. cation the bankrupt shall file the required schedules, and thereupon the court shall call a meeting of creditors for the allowance of claims, examination of the bankrupt, and preservation or conduct of estates, at which meeting the judge or referee shall preside; and action upon the petition for adjudication shall be delayed until it shall be determined whether such composition shall be confirmed." Action to await determination. Discharges. Vol. 30, p. 550; Vol. SEC. 6. That section fourteen, subdivision b, of said Act as so amended be, and the same hereby is, amended so as to read as fol- 32, p. 797, amended. lows: "The judge shall hear the application for a discharge and such proofs and pleas as may be made in opposition thereto by the trustee or other parties in interest, at such time as will give the trustee or parties in interest a reasonable opportunity to be fully heard, and investigate the merits of the application and discharge the applicant unless he has (1) committed an offense punishable by imprisonment as herein provided; or (2) with intent to conceal his financial condition, destroyed, concealed, or failed to keep books of account or records from which such condition might be ascertained; or (3) obtained money or property on credit upon a materially false statement in writing, made by him to any person or his representative for the purpose of obtaining credit from such person; or (4) at any time subsequent to the first day of the four months immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to be removed, destroyed, or concealed, any of his property, with intent to hinder, delay, or defraud his creditors; or (5) in voluntary proceedings been granted a discharge in bank 24768°-61-2-PT 1-43 Action on applications. Trustee to be heard. Grounds for refusal, |