Rensselaer Republican, Volume 19, Number 29, Rensselaer, Jasper County, 24 March 1887 — NATIONAL LEGISLATION. [ARTICLE]

NATIONAL LEGISLATION.

Provisions of Some of the Important —Laws Enacted by the Last , Oa press. \ Alien Land-Owners— Fisheries Retaliation —The Anti-Polygamy Bill, Etc., Etc. ALIEN LiiSD-OWNERS. The Act Forl)ldillii( Their Ownmliip of Real Estate ill the Terri lor Ice. The following is the full test of the act to restrict the ownership of real estate in the Temtories to American citizens: Section 1. That it shall be unlawful for any person or persons not citizens of the United States, or who have not lawfully declared their intention to become such citizens, or lor any corporation not created by or under the laws of the United States, or of some State or Territory of the United States, to hereafter acquire, hold,.or own real estate so hereafter acquired, or any interest therein, in any of the Territories of the United States or in the District of Colombia, except such ns mav be acquired by inheritance or in good faith in the ordinary oonrse of justice in the collection of debts heretofore created; provided, that the prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they may exist by force of any «nch treaty, shall continue to exist so long as snch treaties nre in force and no longer. Sec. 2. That no corporation or association, more than 20 per cent, of the stock of which is or may be owned by uuy person or persons, corporation or cor| orations, association or associations, not citizens of the United States, shall hereafier acquire or hold or own any real estate hereafter acquired in any of the Territories of the United States or of the District of Columbia. JTbat no. corporation, other than those orgmAsed for the constmction or operation of railways, canals, or turnpikes shall acquire, hold, or own more than 5,000 acres of land in any of the Territories of the" United States, and no railroad, canal, or turnpike corporation shall hereafter acquire, hold, or own lands in any Territory other than as may be necessary lor the proper operation of its railroad, canal, or turnpike, except such lauds as may haTe been granted to it by act of Congress; but the prohibition of this section shall not affect the title to any lands now lawfully held by anj corporation. Sec. 4. Tnat all property acquired, held, or owned in violation of the provisions of this act shall be forfeited to the United States, and if shall be the duty of the Attorney General to enforce every snch forfeiture by bill in equity or other proper process. And in any suit or proceeding that may lie commenced to enforce the provisions of this act, it shall be the duty of the court to determine the very right of the matter, without regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights either of the United States or of the parties concerned in any such proceeding arising out of the matters in this act ment.oned.

THE ELECTORAL COUNT. Provisions of tl**> Art Relating to State Electors. The electoral count law requires that the electors of each State shall meet in their respective capitals the second Monday in January following their appointment. and that if any State has provided by previously enacted laws for the final determination of any controversey concerning the electors, such determination having been made.six days prior to the meeting, ahall be conclusive, and shall govern the counting of the electors appointed by such Btate. The Executive of the State is to transmit to the Secretary of State of the United States a certificate of final ascertainment of the electors appointed, the same certificate to be delivered in triplicate to the electors and transmitted to the seat of government at the same time with the list of persons voted for as President and Vice President. If there has been' a final determination in a State of any controversy or contest, it is made the duty of the Executive to communicate it to the Secretary of State of the United States. who is to transmit to both houses of Congress all certificates received at the State Department in the prescribed manner. The second "Wednesday in February succeeding the meeting of the electors Congress is to meet in the hall of the House of Kepresentatives to receive the certificates,' the President of the Senate - presiding. When the reading of the certificates from each State takes place, if there is objection to any certificate it must be stated in writing and the ground thereof, and must be signed by at least one Senator and one Representative. When all the objections to the vote of a State have been received the Senate is to withdfaw and the objections be submitted to each house for its decision. No electoral vote or votes from any States which have been regularly certified, and from which but one return has been received, shall be rejected, but the two houses concurrently may reject the vote or votes when they agree that these have not been regularly given by the electors whose appointment has been so certified. In case more than one paper or return has been received by the President of the Senate, and there arises a question which of two or more State authorities determining what electors have been appointed" is the lawful tribunal of the State, the votes regularly given those electors, and those only, shall be counted whose titles as electors the two houses acting separately shall concurrently decide is supported by the decision of such State so authorised by its laws. Where there has not b en the specified determination ,in a State, and more than one return is presented, the concurrent action of the two houses* acting separately, is to decide which votes were cast by the lawful electors appointed in accordance with the laws of the State, unless the two houses concurrently decide such votes not to be the lawful votes of the legally appointed electors. If the two houses disagree in respect to the counting es such votes, then the votes of the electors whose appointment shall have been certified by ; the Executive of the State shall be counted. Other provisions relate to the details of the joint meeting in which the vote is counted. ——; —- - - --—rrr~"- ~ Mormontun Believwi to Have Received Its C Death -BtOW. ——^—= —- The gist of the anti-polygamy law is in its disestablishment of the Mormon Church, the increased stringency of the means to break up polvgamy, and the abolition of female suffrage in the Terri- *• of Utah. The first five sections apply f psecutions for bigamy, polygamy, or 'Vul cohabitation, and make* the wife . »and a competent witness, bat not to , jelled to testify. The sixth aecticm ®'te n d disapproves all laws of the jOQ islalare which provide that prosfor adultery can only be <om- * „ on the complaint of the husband jjy . In place of this it is pro-

'id'“d that all prosecutions for adultery may hereafter bo instituted iu the same way that prosecutions for other crimes ore. The seventh and eighth sections apply to the powers of Uouit 'CommisMom m. and of the Marshal and Deputy Marshals. The nmth and tenth sections apply to the marriage ceremony. They require a ccrtih. cate, properly authenticated, to be recorded iu the office of the Probate Court. The eleventh section disapproves and annuls all Territorial laws recognizing the capacity of illegitimate children to inherit of be entitled to any distributive share in the estate ol the father. The twelfth section disapproves and annuls Territorial laws conferring jurisdiction upon I’rebate Courts < with certain exceptions),. The thirteenth section makes it the duty of the Attorney Gem r.il of the United (states to introduce proceedings to esenent to the United Statin the property of corporations obtained or held in violation of section :1 of tlie act of Julv, 18(12—the proceeds of such escheat to be applied (o’the use and benefit of common schools of the Territory. The fourteenth section regulates proceedings in such cases. The fifteenth section disapproves and annuls all laws of the Legislative Assembly creating or continuing the Perpetual Emigrating Fund Company and dissolves that cor|>oration. The sixteenth section directa proceedings for the disposition of the property/and assets of the Emigrating Fund C ompany. All such properly, m excess of debts and lawful claims, is to escheat to the United States for the benefit of common schools in the Territory. The seventeenth section disapproves and annuls the nets of the Legislative Assembly incorporating or providing for the Church of Jesus Christ of Latter-Day.Siiints, uml dissolves that corporation. It makes it the duty of tho Attorney General of the United States to institute legal proceedings to wind np the affa’rs of the corporation. The eighteenth section makes provisions ns to the endowment of widows, who are to have one-third of the income of the estate ns their dower. Sec. 11l gives to the President the appointment of u Probata Judge in each county. Sec. 20 makes it unlawful fer any female to vote in any election, and annuls nets in the Legislative Assembly which permit female suffrage. The next four factions make provisions as to elections, and require of voters' an oath or affirmation to support the Constitution and obey the laws, especially the anti-polygamy act of March 22, 1882, and this act. Sec._ 25 .abolishes the office of Territorial Superintendent of District Schools;. makes -it -the duty of the Supreme Court of the Territory to appoint a Commissioner of Schools: Sec. 26 gives to all religious societies, sects, and congregations the right to hold, through trustees appointed by the Probate Court, rad propel ty for Louses of worship and parsonages. The twenty-seventh anil last section annuls all Territorial laws for the organization of the militia or for the creation of the Nauvoo Legion; and gives tho Legislative As-sembly-of Utah power to pass laws for organizing the militia, subject to the approval of Congress. General officers of the militia are to be appointed bv the Governor ot the Territory, with the advice and consent of tbe Council. FISHERIES RETALIATION. Power Vested In the President to Cut- Off Intereourge with Canada, The fisheries retaliation legislation is covered in a single bill, as follows: lie it enacted, etc.. That whenever the L President of (lie United States shall bg satisfied that American fishing vessels or American fishermen, visiting or being in the waters or nt any ports or places of the British Dominions of North America, ure then or lately have been denied or abridged in the enjoyment of any rights tecured to them by treaty or law, or are then or lately have been unjustly vexed or harassed in the enjoyment of such rights or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or, when the President of the United States shall be satisfied that any such fishing vessels or fishermen having a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the British Dominions of North America, are then, or lately have been, denied tbe privilege of entering such port or ports, place or places, iu the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or. harassed iu respect thereof, or shall be preven’ed from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; or. whenever the President of the United States shall be satisfied' that any: other vessels of the United States, their masters or crews, so arriving at or being in such British waters, pr ports, or places of the British Dominions of North America, are then or lately have been denied any of the privileges therein accorded to the vessels, their masters, or crews of the most favored nation, or unjustly vexed or harassed iu respect of the same, then, And iu either or all of such cases, it shall be lawful, and it shall i>e the duty of the President of the United States in his discretion, by proclamation to that effect, to deny to vessels, fheir masters and crews, of the British Dominions of North America any entrance iuto the waters, ports, or places of ot within the United States iwith snch exception in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper', whether Snch vessels shall have come directly from said dominions on such destined voyage or by way of some port or place on such destined voyage; and also to deny entry into any port or place of the United States of fresh fish or salt fish, or any other product of said dominious or other goods comiug from said dominions to the United States. The Pesident may in his' discretion apply such proclamation to auy part or to all of the foregoing named subjects, and may quality, limit, and ienerLflueh .proclamation to auy part or to all of the foregoing haffieiUsitbjecis, and may qualify, limit, and renew such proclamation from time to time as he may deem necessary to the Tull and just execution of the purposes of th;s act. Every viola: ion of any such proclamation or any part thereof is hereby declared illegal, and all Vessels and goods so comiug or being within the waters, ports, or places of the United States contvaiy to snch proclamation shall be forf. iied to tbe United Sta es; and such forfeiture snail be enforced and proceeded upon iu the same manner and with the same effect asln the ■case of vessels or goods whose importation, or coming to, or being in the waters or ports of the United States contrary to law may now be enforced or proceeded upon. ' ~ . ■ Every person who shall violate any of the provisions of this act, or snch proclamation of the President made in pursuance hereof, shall be deemed guilty as a misdemeanor, and on conviction thereof shall Le punished by a line not exceeding SI,OOO, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion court. PACIFIC RAILROAD INVESTIGATION. Three Commissioners to Examine the Books and Account*. The joint resolution authorizing an investigation, of the accounts of the Pacific railroads provides for the appointment of three Commissioners by the President, whose term of office shall not extend be-

yond the beginning of the next session of the Senate. If the Senate shall be conven’d after,March 4, 1887, aud belore Dec. L and the duties of the Uomniissiom rs shall not then bo completed, the President sh.ril then, by and with the advice and consent of the Senate, appoint three Comwi* miner's who shall perform and complete the duties prescribed in this act. It is made the duty of the commission to examine into the working and financial management of the railroads that have received aid front the Government iu bonds, to ascertain whether they have observed ,all the obligations inijxised upon them; and whether tbeir books and accounts are dr have been kept so as to snow ih? net earnings of the aided road-y or whether there baa been, a diversion ol earnings of aided roads to -lfess productive branches, or whether there lifts been n diversion of earnings of aided roads to .wrongful or imt proper purposes; whether there is a discrimination of rates in favor of unaided jigainst aided roads; whether any, and if so how much, money is due an. 1 rowing to j the United Mat s on account of mistaken or erroneous accounts, reports, or settlements made by said roads; and also to inquire into and report as to (he kind, character, and amount of tire assets of said comjranies, hud what resets are now subject to the lien of the Government; and also whether any dividends li ive lieen unlawfully declared by the directors or paid to the stockholders of said companies, and if so, to what extent und whether the amount thereof may liot be recovered; whether any new stock or bonds have been issued without authority of law; what amounts cf money or credit have been or are ndw loaned or borrowed by any of said companies to any person or corporations; what aim unts of money or oilier valuable consideration such as stocks, bonds, passes, and' so forth, have been expended or paid out by s.aid companies; and further, to inquire and report whether said companies have paid money or other valuable consideration or done udv other act or thing for the purpose of un.utTui.ng legislation; and to investigate and report all the facts relating to an j alb god oonsolidat on or tho Union Pacific Hailrond Company, tbe Kansas Bjhcitic j Bailway Company, and the Denver Pacific Railway ,t Telegraph Company into an al A leged c. rpor.ition known as the Union Pacific Railway Company. The Commissioners are also authorized to consider and. report whether the-interests of the United S ates require any extension of the time for performance of the obligations to the United States o’ said companies, or anyof them. One hundred thousand dollars is appropriated for the purj oses of the investigation. The President is authorized to redeem prior liens if such a course is deemed advisable. It is further provided that the sinking funds of tbe Pacific Railroad Company .may be invested in the first mortgage bonds of tbe companies. The inquiry as to whether there has been a diversion of the earnings to the purchase of non-productive branch lines is intended especially to take in the Northern Pacific Company, and is based on the statement that several gentlemen who are interesied iii the construction of a railroad in Montana, which iB expected to be operated as a part or the Northern Pacific system, have lately vii;ed New York to' urge the directors of tbe Northern Pacific to consummate the purchase of this road without submitting the contract to a meeting of the stockholders. If this transfer should be completed upon the terms substantially agreed upon the Montana syndicate will be able to proceed With the construction of several other branch roads which it has in contemplation, and which will be assumed by the Northern Pacific upon terms not unfavorable to the projectors. The commission will determine whether the avails of the land-grant to the Northern Pacific Company have be@n misapplied by being charged with the payment of bonds, issued ot guaranteed in favor of branch lines purchased by syndicates. and whether persons connected with The management of the Northern Pacific company are interested iu these syndicates. INDIAN AFFAIRS. Allotment of Lands In Severalty to Our Dusky Wards. The act to provide for the allotment of lauds in severalty to the Indians authorizes the President to allot the lands on any specified reservation which is deemed advantageous for agricultural and grazing purposes in severalty to the Indians located thereon as follows: "To each head of a family, one-quarter section; to each‘single' person over 18years of age, one-eighth of a section; to each orplniu child under 18, one-eighth of a section; to each other single person under I s now living, or who may be born prior to the date of the order directing the allotment, one-sixteenth of a section.” ■Where there is not enough land on a reservation to allot in, the quantities above specified the partitioning shall be on a pro rata basis in tbe above proportion. Where th • lands are valuable only tor grazing purposes additional quantities can be set aside tor each individual. Where treaty stipulations or previous acts of Congress provide for- allotment in greater quantifies than .above specified these stipulations -shall be strictly-observed. Special agents are to be appointed I y the President to make the allotments, the conditions of which are laid down. Upon the approval of the allotments by tbe Secretiny of the Interior he is to.issue patents in the name of the allotters, which-shall declare that the United States holds the land thus allotted in trust for twenty-five years, the trust to be discharged free"from incumbrances at the end of that period. The surplusage of lands over the allotment is to be bought irom the Indians by the United States and to be disposed of to actual and bona fide settlers in tracts not exceeding TOO acres to anyone person. The sum paid by the United States as purchase money for any reservations ,to be. bald iu the Treasury i for the sole use of the tribe or tribes to which the reservation belonged. At the completion of the allotmi n.s and patenting of the lands member of the bands of tribes of Indians to whom the allotments have been made shall be subject to the- laws, both civil and criminal, of. the State or Territory in which they may reside. Every Indian born within the United States to whom allotment shall be made, or who has voluntarily taken up his residence apart from any tribe, is declared to be a citizen of the United States. Tho provisions of the act do not extend to the tribes in the Indian Territory. CONCERNING RAILROADS. Adjusting Land-Grant Question* New Bridges—Rights of Way. The act for the adjustment of railroad land-grants applies specially to Kansas, but it is a general bill not limited in its scope to any State. It applies to case’s” where, when the adjustment of the grant has been made, it shall be found that more land has been certified or patented to the railroad company than the grant really gives. Under the provisions of the act the Secretary of the Interior is authorized and airedted to at once adjust in accordance witn the decisions of the Supreme Court each of the railroad land-grants made by Congress and heretofore unadjusted. If it shall appear that there has been erroneous certifying or patenting the Secretary of the Interior shall make demand upon the company to relinquish and reconvey its title, and in the event of the I_—,—__—,—».-■ ’■ ■ ... ‘ ■— -t.■ ■ —:—• ..v... ;—to-t—*=■

A——...... ...i company refusing to do that, then the Attorney General is to enter proceedings Ip hove the title reconveyed to the United States. Then, as tr. this Excess land.’ wnere it is found after such adju stnli nt that the homesteader or pr ■- 'empior had title when the title of th? company attached, the bill secures lira priori, y of right in perfecting that title. As to another class of lands—lands which 'th* company has sol dp the third section gives to tue purchaser of that land his - title. The bill is not a''forfeiture' measnjs,..bat deals only w itb' excess lands, and the sections that follow protect the rights of the Government and the lights of the settlers and purchasers as to these excess lands an act ierfeiting lands granted to the New Trlenns, Baton Rouge and Vicksburg Railroad (r-mpar.y, known ns the “Backbone” land forfoituie. Th*> bill confirms thj .nib sos tbe Now Orion ns Pacific Railroad -to I most of t e land, and opens a small amount 1 to settlement. ' Among tbe acts authorizing corporations to biidge navigable waters were the following: To the St. Louis Merchants’ Bridge Company, qver the Mississippi River near St. Louis; to the St. Paul X Duluth Railroad Company, ovej the St. Louis River between Minnesota and Wisconsin: to the Ohio Valley Railroad Company, over the Trade water River; to the East Dubuque Bridge Company, over the Mississippi River; to the Stafe of Miss ssippi, over Bayou Bernard; across the Potomac Diver .at Washington, D. C.; across the Missouri | liiver between Kansas City and Sibley, | Mo.; across the Cumberland River near Davidson, Tenn.; across East River between New Vork and Long Island; across the Great,Kanawha River below the falls; across the Missouri River between Omaha .and Council Bluffs; across the Mississi. pi River near Winona; Minn.; across tlic Missouri River at Rjerre, Dak.; across the Tennessee River near Mussel Slicals Canal; across the Tt-nnes-iee River near Guntersville, Ala.; across the Mississippi River near Keokuk. Among tLe rights of way granted railroad corporations were thp following: To t:ic Maricopee & Pho nix Railroad Company through the Qali River Indian Reservation; to the Rio Grande and El Paso Company through the Fort Bliss military reservation; to tue St. Paul, Minneapolis and Manitoba Railroad Company through the' Indian ri-servatiou in Northern Montana and Noithwestern Dakota: to the Fort Worth and Denver City Railroad Company through Indian Ti rritory; to the From nt, Elkhonr iand Missouri Valley Railroad Company across tlie Fort Meade military reservation; to the Utah Midland Railroad Company through the Uncomphagre and Uintah reservation in Utah: to J;he Rocky Fork and Cooke City Railroad Company through the Crow Indian reservation in Montana. PENSIONS. Provisions of the Hill Granting Pensions to Mexican War Veterans. The Mexican pension > law directs the Secretary of the Interior to place on the pension roll the names, of the surviving officers and enlisted men who actually served sixty days with the ai my or navy of the United States iu Mexico or en route thereto, and the surviving widows of the officers jmd enlisted men if they have not lemarrried. Every one of the class named above who reaches tlie age of 62 is entitled to the benefits of the act, but no pension shall be granted a soldier ifi tbe Mox can war for di-ability when the disability was incurred in the war of rebellion against the United States. The aniouut to be paid under the act is £8 per month. It is estimated that the yearly disbursements w 11 be not less than $4,500,0110. ‘ 'V MISCELLANEOUS. " Tenure -of - Office Repeal Retiring tlie Trade IHillar, Etc. Among the most important laws enacted by Congress was that wiping the tenure-of-office act from the statute books. The effect of the repeal is to take away all restrictions on the President’s power of removal, and no question can now arise whether failure of the Senate to confirm the successor of a suspended officer -would not restore the latter to his official functions. RETIRING THE TRADE DOLLAR. The act for the redemption of the trade dollar provides that for a period of six months after the actLUnited States trade dollais, if not defaced, mutilated, or * stamped, shall be received at the office of the Treasurer or any Assistant Treasurer of the United States in exchange for a like amount, dollar for dollar, of standard silver dollars or of subsidiary coins of the United States; also that the trade dollais received by, paid to, or deposited with the Treasurer, or any Assistant Treasurer, orNatiounl Depositary of the United States, shall not be paid out or in any other manner issued, but at the expense of the United States sha.l be transmitted to the coinage mints and recoined into standard dollars or subsidiary coins at the discretion of the Treasury; jtri/cideil, that the trade dollais recoined underLha act shall not be counted as part of the silver bullion _ reqnir d to be purchased and coined into standard dollars as required by', the act of Feb,; 28,1878. 'CONTRACT FEDERAL LAROR. The act prohibiting contract labor by Federal prisoners provides that it shall not be lawful for any officer, agent, or any servant of the Government of the United States to contract with any person or corporation, or permit any warden, agent, or official of any State prison, penitentiary, jail, or house of correction where criminals of the United States may be incarcerated, to Lire or contract out the labor of said criminals, or auy part of them, who mat hereafter be confined in any prison, jail, or other place of incarceration lor violation of anv laws of the Government of the United States of- America. Anv person who shall oSemUiigainst the - provisions of the act shall be deemed guilty of a misdemeanor, aud on conviction thereof shall be imprisoned for a term not less than one year nor more than three years, at the discr: tioni ot the court, or shall be fined not less than $560 nor more than SI,OOO tor each offense. MINOR MEASURES. An act to amend the law relating to patents, trade-marks, and copyrights, making it unlawful for auy poison other than the pVriter to apply the design secured by such letters, patent', or any imitation, to any artii le for the purpose of sale, or to sell anything so marked without the license of tiie owner. A penalty of $260 is fixed for violation of the law. If the profits from the sale exceed * $250 there is a further penalty of the excess of the-mo fits over $250. An act to indemnify Chinese for tie loss sustain, d from a mob at Rock Springs, "\Vyoi, appropriates $147,748. An act to prohibit the importation of ' opmm iffipffSes a line Of from sit) to SSOO pr imprisonmcht tor from thirty days to six months, or both, for Violation of the law. Citizens of tbe United -States are also prohibited from engaging in tue opium traffic inCliina. Among the Western places that get pnbiir buildings Are: Fort Scott. Kan., $40,000, and Denver. Colo., an increase in the limit of expenditure to $575,000. An act to provide that twe-or more te;ms of the Circuit and District Courts of the United. States shall beheld annually at Bar City. The others of the courts i reto perform their duties at Bay City and the records are to be kept in Detroit.