in the District of
Mar. 3. 1891.
Mar. 3, 1891.

21. Providing for the greater security of the public buildings Columbia and their contents from destruction or damage by fire. 22. Providing for the printing of the Agricultural Report for 1891.

RECORD OF THE LIst CONGRESS, 2nd SESSION.

Whole number of bills and joint resolutions..

ANALYSIS OF THE MORE IMPORTANT ACTS. WITH THE VOTES ON THEIR PASSAGE.

(SECOND SESSION, LIst CONGRESS.)

APPORTIONMENT OF REPRESENTATIVES IN CONGRESS.

The act provides that after March 3, 1893, the House of Representatives shall be composed of 356 members, to be apportioned as follows:

Whenever a new State is admitted Representatives assigned to it shall be in addition to the number 356. In each State entitled under this apportiqument the number in the LIIId and each subsequent Congress shall be elected by districts composed of contiguous territory and containing as nearly as practicable an equal number of inhabitants. These districts shall be equal to the number of the Representatives to which the State may be entitled in Congress, no one district electing more than one Representative. In case of an increase in the number of Representatives from any State under this apportionment, such additional Representatives shall be elected by the State at large, and the other Representatives by the districts now prescribed by law until the Legislature shall redistrict such State, and if there be no increase in the number of Representatives from a State the Representatives shall be elected from the districts now prescribed by law until such State be redistricted, as herein prescribed by the State Legislature. Massachusetts, Michi

Alabama, Arkansas, California, Colorado, Georgia. Kai sas,

gan, Missouri, New-Jersey, Oregon and Wisconsin gained one Representative each; Illinois, Minnesota, Pennsylvania and Texas two each, and Nebraska three.

ARMY LEGISLATION.

DETAIL OF OFFICERS TO COL LEGES.

The act of Jan. 13, 1891, amends Section 1,225, Revised Statutes, concerning details of officers of Army and Navy to educational institutions, so as to permit the President to detail not to exceed 75 U. S. Army atlicers. The maximum number of Army and Navy officers to be detailed at any one time under the act passed Sept. 26, 1888, amending Section 1,225, Revised Statutes, is increased to 85. No officer shall be detailed to or maintained at any of the educational institutions mentioned where instruction and drill in military tactics is not given; and nothing in the act shall be construed to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved Feb. 26, 1879.

CERTIFICATES OF MERIT TO ENLISTED MEN.

The act of Feb. 9, 1891, amends Sec. 1,216, R. S., to read that when any enlisted man of the Army shall have distinguished himself in the service the President may, at the reconimendation of his commanding officer, grant him a certificate of merit. It also amends Sec. 1,285, R. S., to read that a certificate of merit granted to an enlisted man for distinguished service shall entitle him to additional pay at the rate of $2 per month while he is in the military service. TRANSFER OF OFFICERS TO UNLIMITED LIST.

The act of Feb. 16, 1891, provides that when officers placed on the retired list shall have attained the age of 64 they shall be transferred to unlimited list. The limited retired list hereafter is to consist of 350, instead of 400, as now fixed by law. Officers who have been placed on the retired list by special authority of Congress are not to form part of the limited retired list established by this act.

COUNTERFEITING MONEY OR SECURITIES.

The act of Feb. 10, 1891, enacts that every person who makes, aids in making, causes to be made, has in his possession with fraudulent intent, or permits to be used any die, hub or mould, of any substance whatever, in likeness of any die, hub or mould used for coining U. S. coins, shall be fined not more than $5,000," or imprisoned at hard labor for not more than ten years, or both. In the case of foreign coins, the fine is $2,000, and the imprisonment five years, or both. Any person making or having in his possession, with intent to use in any manner, any business or professional device whatsoever in likeness of U. S. or foreign coins, may be fined $100. U. S. Judges and commissioners may authorize officers to enter any place, in the daytime only, to search for counterfeits or implements. All counterfeits and implements discovered are confiscated by the Government.

COURT OF PRIVATE LAND CLAIMS.

The act of March 3, 1891, establishes a Court of Private Land Claims of five judges, to hold office till Dec. 31, 1895, at a compensation of $5,000 a year and their necessary travelling and personal expenses while engaged. The court is to consider cases of persons or corporations claiming lands within the territory derived by the U. S. from Mexico and now embraced in New-Mexico, Arizona, or Utah, or in Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, concession, warrant, or survey as the U. S. is bound to recognize and confirm by virtue of the treaties of cession by Mexico to the U. S. which at the date of the passage of this act have not been confirmed by act of Congress, or otherwise finally decided upon by lawful authority, and which are not already complete and perfect. The provisions of the act are detailed and elaborate.

DIRECT TAX REFUND.

The act of March 2, 1891, requires the Secretary of the Treasury to credit to each State and Territory and the D. C., a sum equal to all collections by set-off or otherwise made from them or from any of their citizens or inhabitants or other persons under act of Congress approved August 5, 1861, and the amendatory acts. All money still due to the U. S. on the quota of direct tax apportioned by Section 8 01 last-named act are remitted. The act appropriates such sums as may be necessary to reimburse each State for all money so found due to it, and the Treasurer of the U. S. is directed to pay the same; but no State shall receive any money until its Legislature has accepted, by resolution, the sum appropriated and the trusts imposed, in full satisfaction of all claims against the U. S., on account of the levy and collection of direct tax and has authorized its Governor to accept payment. Where sums credited for refunding have been collected by the U. S. from individuals either directly or by sale of property, the respective States shall hold the money in trust, no part of it to be retained as a set-off against State indebtedness. No money appropriated is to be paid to any attorney or agent under any past or present contract for services with State representatives. All claims under the trust created must be filed with State or Territorial Governors or the Commissioners of the D. C., within 6 years; otherwise the money passes to the State or District. Owners of lots sold in Beaufort. S. C., are to receive one-half of their assessed value; owners of lands rated for taxation in S. C., as being usually cultivated, $5 an acre; owners of all other lands, $1 an acre. All such lands redeemed or purchased by the claimants from the U. S. shall not now be paid for. Where owners have heretofore received from the U. S.. the surplus proceeds arising from the sale of their lands, such sums are to be deducted in the accounting under this act. Where persons while serving in or honorably discharged from the Army, Navy or Marine Corps purchased any of the lands under Section 11 of act approved June 7, 1862, and the lands afterward reverted to the

U. S., the Secretary of the Treasury shall return to their proper representatives whatever sum was so paid, rquiring first a release of all claims against the U. S. arising out of the execution of these acts; also a release of all right in the lands. The act appropriates $500,000 to pay for the lots and lands. Section 1.063, R. S., is made applicable to claims arising under this act without limitation as to amount. Any sums received into the Treasury from the sale of lands bid in for taxes in any State under the laws described, in excess of the tax assessed thereon, shall be paid to the owners of the lands or their legal representatives.

This bill passed the Senate in the first session, LIst Congress. Yeas 44 (Reps. 27, Dems. 17); nays 7 (Reps. 2, Dems. 5). In the House, second session, LIst Congress, a motion to insert a section sending to the Court of Claims claimants for a refund of the Cotton "direct tax," paid under the acts of 1862 an 1866. was rejected-yeas 80 (Reps. 2, Dems. 77, "Wheeler" 1); nays 199 (Reps. 154, Dems. 45). On passing the bill, the yeas were 172 (Reps. 142, Dems. 30); nays, 101 (Reps. 91, Dems. 10).

FRENCH SPOLIATION CLAIMS.

The act of March 3, 1891, appropriated $1,304,095 37 to pay the findings of the Court of Claims for indemnity for spoliations by the French prior to July 31, 1801. In Senate, the vote was: Yeas, 41 (Reps. 27, Dems. 14); nays, 14 (Reps. 5, Dems. 9). In the House, the vote was: Yeas, 99 (Reps. 67, Dems. 31, "Wheeler," 1); nays, 80 (Reps. 34, Dems. 46).

IMMIGRATION LEGISLATION.

The act of March 3, 1891, provides that the following besides Chinese laborers shall be excluded from admission into the U. S., in accordance with the existing acts regulating immigration: "All idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome disease or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, polygamists, and also any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not belong to one of the foregoing excluded classes, or to the class of contract laborers excluded by the act of Feb. 26, 1885, but this section shall not be held to exclude persons living in the U. S. from sending for a relative or friend who is not of the excluded classes under such regulations as the Secretary of the Treasury may prescribe: Provided, That nothing in this act shall be construed to apply to or exclude persons convicted of a political offence, notwithstanding said political offence may be designated as a felony, crime, infamous crime, or misdemeanor, involving moral turpitude, by the laws of the land whence he came or by the court convicting.

"Sec. 2. That no suit or proceeding for violations of said act of Feb. 26, 1885, prohibiting the importation and migration of foreigners under contract or agreement to perform labor, shall be settled, compromised or discontinued without the consent of the court entered of record with reasons therefor.

"Sec. 3. That it shall be deemed a violation of said act of Feb. 26, 1885, to assist or encourage the importation or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coming under a contract as contemplated by such act; and the penalties by said act imposed shall be applicable in such a case: Provided, This section shall not apply to states and Immigration Bureaus of States advertising the inducements they offer for immigration to such States.

"Sec. 4. That no steamship or transportation company or owners of vessels shall directly, or through agents, either by writing, printing, or oral representations, solicit, invite or encourage the immigration of any alien into the U. S. except by ordinary commercial letters, circulars, advertisements, or oral representations, stating the sailings of their vessels and the terms and facilities of transportation therein; and for a violation of this provision any such steamship or transport t on company, and any such owners of vessels, and the agents by the employed, shall be subjected to the penalties imposed by the third section of said act of Feb. 26, 1885, for violations of the provisions of the first section of said act.

"Sec. 5. That section 5 of said act of Feb. 26, 1885, shall be, and hereby is, amended by adding to the second proviso in said section the words "nor to ministers of any religious denomination, nor persons belonging to any recognized profession, nor professors for colleges and seminaries," and by excluding from the second proviso of said section the words "or any relative or personal friend."

"Sec. 6. That any person who shall bring into or land in the U. S. by vessel or otherwise, or who shall aid to bring into or land in the U. S. by vessel or otherwise, any alien not lawfully entitled to enter the U. S., shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. "Sec. 7. That the office of superintendent of immigration is hereby created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer, whose salary shall be $4,000 per annum, payable monthly. The superintendent of immigration shall be an officer in the Treasury Department, under the control and supervision of the Secretary of the Treasury, to whom he shall make annual reports in writing of the transactions of his office, together with such special reports, in writing, as the Secretary of the Treasury shall require. The Secretary shall provide the superintendent with a suitably furnished office in the city of Washington, and with such books of record and facilities for the dis

charge of the duties of his office as may be necessary.
a salary of $2,000 per annum, and two first-class clerks.

He shall have a chief clerk, at

"Sec. 8. That upon the arrival by water at any place within the U. S. of any alien immigrants it shall be the duty of the commanding officer and the agents of the steam or sailing vessel by which they came to report the name, nationality, last residence and destination of every such alien, before any of them are landed, to the proper inspection oflicers, who shall thereupon go or send competent assistants on board such vessel and there inspect all such aliens, or the inspection officers may orde, a temporary removal of such aliens for examination at a designated time and place, and then and there detain them until a thorough inspection is made. But such removal shall not be considered a landing during the pendency of such examination. The medical examination shall be made by surgeons of the Mar ne Hospital Service. In cases where the services of a Marine Hospital surgeon cannot be obtained without causing unreasonable delay the inspector may cause an alien to be examined by a civil surgeon, and the Secretary of the Treasury shall fix the compensation for such examination. The inspection officers and their assistants shall have power to administer oaths, and to take and consider testimony touching the right of any such aliens to enter the U. S., all of which shall be entered of record. During such inspect on after temporary removal the superintendent shall ause such aliens to be properly housed, fed, and cared for, and also, in his discretion, are delayed in proceeding to their destination after inspection. All decisions made by the inspection officers or their assistants touching the right of any alien to land, when adverse to such right, shall be final unless appeal be taken to the superintendent of immigration, whose action shall be subject to review by the Secretary of the Treasury. It shall be the duty of the aforesaid officers and agents of such vessel to adopt due precautions to prevent the landing of any alien immigrant at any place or time other than that designated by the inspection officers, and any such officer or agent or person in charge of such vessel who shall either knowingly or negligently land or permit to land any alien immigrant at any place or time other than that designated by the inspection officers, shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment.

such

as

"That the Secretary of the Treasury may prescribe rules for inspection along the borders of Canada, British Columbia and Mexico so as not to obstruct or unnecessarily delay, impede or annoy passengers in ordinary travel between said countries: Provided, That not exceeding one inspector shall be appointed for each customs district, and whose salary shall not exceed $1,200 per year.

"All duties imposed and powers conferred by the second section of the act of August 3, 1882, upon State commissioners, boards or officers acting under contract, with the Secretary of the Treasury shall be performed and exercised, as occasion may arise, by the inspection officers of the U. S.

"Sec. 9. That for the preservation of the peace and in order that arrests may be made for crimes under the laws of the States where the various U. S. immigration stations are located, the officials in charge of such stations as occasion may require shall admit therein the proper State and municipal officers charged with the onforcement of such laws, and for the purposes of this section the jurisdiction of such officers and of the local courts shall extend over such stations.

"Sec. 10. That all aliens who may unlawfully come to the U. S. shall, if practicable, be immediately sent back on the vessel by which they were brought in. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessel on which such aliens came; and if any master, agent, consignee or owner of such vessel shall refuse to receive back on board the vessel such aliens, or shall neglect to detain them thereon, or shall refuse or neglect to return them to the port from which they came, or to pay the cost of their maintenance while on land, such master, agent, consignee or owner shall be deemed guilty of a misdemeanor, and shall be punished by a fine not less than $300 for each and every offence; and any such vessel shall not have clearance from any port of the U. S. while any such fine is unpaid. "Sec. 11. That any alien who shall come into the U.S. in violation of law may be returned as by law provided, at any time within one year thereafter, at the expense of the person or persons. vessel, transportation company or corporation bringing such alien into the U. S., and if that cannot be done, then at the expense of the U. S.; and any alien who becomes a public charge within one year after his arrival in the U. S. from causes existing prior to his landing therein shall be deemed to have come in violation of law and shall be returned as aforesaid. "Sec. 12. That nothing in this act shall be construed to affect any prosecution or other proceeding, criminal or civil. begun under any existing act or any acts hereby amended, but such prosecutions or other proceedings, criminal or civil. shall proceed as if this act had not been passed.

"Sec. 13. That the circuit and district courts of the U. S. are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provisions of this act; and this act shall go into effect on the first day of April, 1891."

This bill pending in the House, Mr. Oates, of Alabama, moved to substitute for it a bill to exclude, besides the classes named, "anarchists," and to levy a tax of $1 on every alien entering the U. S.. and to require an intending emigrant to procure from the U. S. Consul nearest his place of abode a certificate of emigration, the Consul being charged to inquire into the character of such applicant and ascertain that he is not excluded by any U. S. law. This proposed substitute was disagreed to. Yeas 41 (Reps.

23, Dems. 18); nays 207 (Reps. 112, Dems. 95). The bill then passed without division. In Senate, the bill also passed without division.

"INDIAN DEPREDATION" ACT.

It gives the Court of Claims jurisdiction and authority to inquire into and finally adjudicate these claims:

1. All claims for property of citizens taken or destroyed by Indians belonging to any tribe in amity with the U. S., without just cause or provocation, and not returned or paid for.

2. All cases which have been examined and allowed by the Interior Department, or which were authorized to be examined under the act of Congress making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June 13, 1886, and for other purposes, approved March 3, 1885, and under subsequent acts, subject, however, to the limitations hereinafter provided.

3. All just offsets and counter claims to any claim of either of the preceding classes which may be before such court for determination. All claims to be presented within three years, and none considered committed after March 3, 1891. The court shall determine in each case the value of the property taken or destroyed at the time and place of the loss or destruction, and if possible the tribe of Indians or other persons by whom the wrong was committed, and shall render judgment in favor of the claimant or claimants against the U. S., and against the band committing the wrong, when such band can be identified. The amount of any judgment so rendered shall be charged against the tribe, and shall be deducted and paid as follows: 1, From annuities due said tribe from the U. S.; 2, if no annuities are available, then from any other funds due from the sale of their lands or otherwise; 3. If no such funds are available, then from any appropriation for the benefit of said tribe, other than appropriations for their current and necessary support, subsistence and education; and 4, if no such annuity, fund or appropriation is due or available, then the amount of the judgment shall be paid from the U. S. Treasury, any amount so paid to remain a charge against such tribe, and to be deducted from any sum which may hereafter be. come due to it.

"INDIAN" LEGISLATION.

The act of Feb. 28, 1891, amends Sec. 1 of the act of Feb. 8. 1887, "to provide for the allottment of lands in severalty to Indians on the various reservations," etc., so as to read that in all cases where any tribe or band has been, or shall hereafter be, 10cated upon any reservation created for their use, either by treaty stipu ation, act of Congress or Executive order, the President of the U. S. is authorized whenever in his opinion any reservation, or any part thereof, is advantageous for agricultural purposes, to cause it to be surveyed, or resurveyed, if necessary, and to allot to each Indian located thereon one-eighth of a section of land. In case there is not sufficient land in any of said reservations to allot lands to each individual in quantity as above provided, it shall be allotted to each individual pro rata, as near as may be, according to legal subdivisions. Where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty to certain classes in quantity in ex cess of that herein provided, the President, in making allotments, shall allot the land to each individual Indian of said classes belonging thereon in quantity as specified in such treaty or act, and to other Indians belonging thereon in quantity as herein provided. Where existing agreements or laws provide for allotments in accordance with the act of February 8, 1887, or in quantities substantially as therein provided, allot ments may be made in quantity as specified in this act, with the consent of the Indians, expressed in such manner as the Fresident may requiire; and when the lands allotted are only valuable for grazing purposes, such issue shall be allotted in double quantities. Other minor provisions are made.

INSPECTION OF LIVE CATTLE, HOGS AND THE CARCASSES THEREOF, WHICH ARE SUBJECTS OF INTERSTATE COMMERCE. This act directs the Secretary of Agriculture to cause to be made a careful inspec tion of all cattle intended for export to foreign countries, at such times and places, and in such manner, as he may think proper, to ascertain whether they are free from disease. For this purpose he may appoint inspectors, authorized to give an official certificate stating the condition in which such animals are found, and no clearance shall be given to any vessel having on board cattle for exportation except on a certificate from the inspector. The Secretary shall also cause to be made a careful inspection of all live cattle the meat of which is intended for exportation, and no clearance shal be given to any vessel having on board fresh beef for exportation except on the proper certificate.

The Secretary shall cause to be inspected prior to their slaughter, all cattle, sheep, and hogs which are subjects of interstate commerce, the carcasses or products of which are to be transported and sold for human consumption in any other State or Territory, or the District of Columbia, and in addition, post-mortem examinations may be made in all cases.

The examination shall be made according to regulations to be prescribed by the Secretary, and after it the carcasses and products found to be fit for human food shall be marked, stamped or labelled, as he may direct.

Any person who forges or defaces any of the marking devices, or forges any certiflcate, shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding $1,000, or imprisonment not exceeding one year, or both.