The stamps thus canceled and defaced shall be disposed of and Disposal of canaccounted for in the manner directed by the Commissioner of Internal celed stamps. Revenue, with the approval of the Secretary of the Treasury. And any violation of the rules and regulations hereafter prescribed Violation of regby the Commissioner of Internal Revenue, with the approval of the ulations. Secretary of the Treasury, in pursuance of these provisions, shall be subject to the penalties above provided by this section. Every owner, agent, or superintendent of any brewery or bottling Penalties and house who removes, or connives at the removal of, any fermented forfeiture. liquor through a pipe line or conduit, without payment of the tax thereon, or who attempts in any manner to defraud the revenue as above, shall forfeit all the liquors made by and for him, and all the vessels, utensils, and apparatus used in making the same. [June 18, 1890.] CHAP. 432.-An act to provide for the exportation of fermented liquor in bond without pay ment of internal-revenue tax." June 18, 1890. 25 Stat. L., 162. Fermented of tax. li Be it enacted, &c., That from and after the first day of January, eighteen hundred and ninety-one, fermented liquor may be removed quor may be exfrom the place of manufacture, or storage, for export to a foreign ported in bond free country, without payment of tax, in such packages and under such R. S., SS 3329, regulations, and upon the giving of such notices, entries, bonds, and 3330. other security, as the Commissioner of Internal Revenue with the 1874, June 9, ch. approval of the Secretary of the Treasury may from time to time 259, ante, p. 12. prescribe; 1880, May 28, ch. 108, § 10, 11, ante, p. 287. And (1) no drawback of tax shall be allowed on fermented liquor ex- No drawback ported on and after the first day of January, eighteen hundred and after January 1, ninety-one, unless entered for exportation prior to such date. [June [June R.S., § 3441. 18, 1890.] NOTE. (1) This repeals that part of R. S., § 3441, as amended by substitute contained in 1879, March 1, ch. 125, § 17 (20 Stat. L., 350), allowing a drawback on export of fermented liquors. 1891. CHAP. 437.-An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, eighteen hundred and ninety-one. June 20, 1890. 26 Stat. L., 163. Artillery detachment at West Point to become Be it enacted, &c., * * That the enlisted men known as the artillery detachment at West Point shall be mustered out of the service as artillery-men and immediately re-enlisted as Army ser- Army service vice men in the Quartermaster's Department, continuing to perform men; same pay, the same duties and to have the same pay, allowances, rights and rights, rules, &c., privileges, and subject to the rules, regulations and laws in the same as if in artillery; manner as if their service had been continuous in the artillery, and service to be contheir said service shall be considered and declared to be continuous Army. in the Army. * [June 20, 1890.] * CHAP. 616.-An act constituting Irondequoit Bay, New York, a navigable water of the Be it enacted, &c., That Irondequoit Bay, New York, shall, for the purpose of applying the provisions of title fifty-two of the Revised Statutes, relating to steam-vessels navigating thereon, be declared a navigable water of the United States; And steam-vessels navigated thereon, and carrying passengers, shall be inspected under the provisions of section forty-four hundred and twenty-six of the title' referred to, and subject to the penalties provided therein for a failure to comply therewith. [June 25, 1890.] tinuous in the 1886. July 29, ch. 810, ante, p. 502. June 26, 1890. 26 Stat. L., 180. Alabama, terms CHAP. 631.-An act to fix the regular terms of the circuit and district courts for the southern district of Alabama. Be it enacted, &c., That the regular terms of the circuit and disof court in south- trict courts of the United States for the southern district of Alabama ern district. R. S. $572,658. shall be held annually on the fourth Monday in November and the 1874, June 22, first Monday in May, at the city of Mobile, in said district. ch. 401, ante, p. 38. 1886. Aug. 2, ch. 842, ante, p. 510. June 27, 1890. 26 Stat. L., 182. Pension claims ents; evidence required. R. S., § 4707. 1886, March 19, ch. 22, ante, p. 487. 26, 1890.] [June CHAP. 634.—An act granting pensions to soldiers and sailors who are incapacitated for the performance of manual labor, and providing for pensions to widows, minor children, and dependent parents. (1) Be it enacted, &c., That in considering the pension claims of deof dependent par- pendent parents, the fact of the soldier's death by reason of any wound, injury, casualty, or disease which, under the conditions and limitations of existing laws, would have entitled him to an invalid pension, and the fact that the soldier left no widow or minor children having been shown as required by law, it shall be necessary only to show by competent and sufficient evidence that such parent or parents are without other present means of support than their own manual labor or the contributions of others not legally bound for their support: Beginning and Provided, That all pensions allowed to dependent parents under continuance of de- this act shall commence from the date of the filing of the application pendent pensions. hereunder and shall continue no longer than the existence of the 4693. dependence. Invalid pensions SEC. 2. That all persons who served ninety days or more in the to disabled sol- military or naval service of the United States during the late war of diers and sailors the rebellion and who have been honorably discharged therefrom, who served ninety and who are now or who may hereafter be suffering from a mental days in war of rebellion. or physical disability of a permanent character, not the result of R. S., SS 4692, their own vicious habits, which incapacitates them from the performance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of the Interior may Maximum and provide, be placed upon the list of invalid pensioners of the United minimum pen- States, and be entitled to receive a pension not exceeding twelve dollars per month, and not less than six dollars per month, propor tioned to the degree of inability to earn a support; sion. Commencement And such pension shall commence from the date of the filing of and continuance. the application in the Pension Office, after the passage of this act upon proof that the disability then existed, and shall continue during the existence of the same: Pensioners under other acts not barred from bene fit of this act. Only one pension for same period. Rank not considered. Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special act: Provided, however, That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this act. NOTE. (1) Prior to this act pensions were granted by general law to soldiers of the late war, and their widows and minor children, only on account of disability or death due to the service (R. S., §§ 4692, 4693, 4702,4703). This act, subject to certain general provisions, grants a pension to every disabled soldier without regard to the cause of disability, and to the widow and minor children of every soldier without regard to the cause of his death, requiring, however, that a widow shall be without other means of support than her daily labor. Laws already in existence provided for pensions on account of service alone, to widows of Revolutionary soldiers (R. S., § 4743), to soldiers and widows of soldiers of the war of 1812 (R. S., §§ 4736-4740, and 1878, March 9, ch. 28, ante, p. 154), and on account of service conjoined with age, disability, or dependence, to soldiers and widows of soldiers of the Mexican war, 1887, January 29, ch. 70, ante, p. 523. children of sol 4703. SEC. 3. That if any officer or enlisted man who served ninety days Dependent widor more in the Army or Navy of the United States during the late ows and minor war of the rebellion, and who was honorably discharged has died, diers to have penor shall hereafter die, leaving a widow without other means of sup- sions without report than her daily labor, or minor children under the age of sixteen gard to cause of years, such widow shall, upon due proof of her husband's death, soldier's death. without proving his death to be the result of his army service, be R. S., §§ 4702, placed on the pension-roll from the date of the application therefor under this act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or re-marriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or during the period of such disability, And this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this act: And provided further, That said widow shall have married said soldier prior to the passage of this act. Continuing pension to minor child during permanent disability. This applies to pensions under all laws. Widow must have married before this act. Fees for prose SEC. 4. That no agent, attorney, or other person engaged in pre- cuting claims, and paring, presenting, or prosecuting any claim under the provisions how paid. of this act shall, directly or indirectly, contract for, demand, receive, R. S., SS 4768, or retain for such services in preparing, presenting, or prosecuting 4769, 4786. such claim a sum greater than ten dollars, which sum shall be pay- 1884, July 4, ch. able only upon the order of the Commissioner of Pensions, by the 181, ante, pp. 451, pension agent making payment of the pension allowed, 452. Penalty for illegal fees or withholding pension. R. S., 5485. 1884, July 4, ch. And any person who shall violate any of the provisions of this section, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such 181, § 5, ante, p. offence, be fined not exceeding five hundred dollars, or be imprisoned 453. at hard labor not exceeding two years, or both, in the discretion of the court. [June 27, 1890.] CHAP. 639.-An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninetyone, and for other purposes. Accrued pension on death of pensioner to be paid children. R. S.. § 4718. to widow or minor Be it enacted, &c. * * [Par. 1.] That hereafter a check or checks Mailing checks drawn by a pension agent in payment of pension due, and mailed by to be payment in him to the address of the pensioner, shall constitute payment within case of death of the meaning of section forty-seven hundred and sixty-five, Revised pensioner. R. S., § 4765. Statutes, in the event of the death of a pensioner subsequent to the mailing and before the receipt of said check; and the amount which may have accrued on the pension of any pensioner subsequent to the last quarterly payment on account thereof and prior to the death of such pensioner shall in the case of a husband to be paid to his widow, or if there be no widow to his surviving minor children or the guardian thereof, and in the case of a widow to her minor children: Provided further, That hereafter whenever a pension certificate If leaving no shall have been issued and the pensioner mentioned therein dies be- widow nor minor fore payment shall have been made, leaving no widow and no sur- child, may be paid viving minor children, the accrued pension due on said certificate to to legal representthe date of the death of said pensioner may, in the discretion of the ative. Acting officer may discharge duties of pension agent, in his sickness or absence. R. S., § 4778. Agent may designate clerk to sign checks. Agent's bond to cover acts of such person. R. S., § 4779. Secretary of the Interior, be paid to the legal representatives of said pensioner. * * [Par. 2.] In case of the sickness or unavoidable absence of any pension agent from his office, he may, with the approval of the Secretary of the Interior, authorize the chief clerk, or some other clerk employed therein, to act in his place, to sign official checks, and to discharge all the other duties required by law of such pension agent; And, with like approval, any pension agent may designate and authorize a clerk to sign the name of the pension agent to official checks. The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases, and a new bond shall be required from all pension agents now in office. Acting officer Such acting officer shall, moreover, for the time being, be subject subject to same to all the liabilities and penalties prescribed by law for the official penalties as agent. R. S., SS 5487, misconduct, in all cases, of the pension agent for whom he acts. * [June 30, 1890]. 5488. June 30, 1890. 26 Stat. L., 189. Sale of con stores. * CHAP. 640.-An act making appropriations for the Naval service for the fiscal year ending * * Be it enacted, &c. [Par. 1.] The Secretary of the Navy is demned naval hereby authorized to sell, after advertisement of the sale for such R.S., 1541, 3618. time as in his judgment the public interests may require, condemned 19 C. Cls., 181. naval supplies, stores, and materials, either by public auction or by advertisement for sealed proposals for the purchase of the same. [Par. 2. ] Bureau of provisions and clothing. And the clothing fund and small stores fund shall be hereafter consolidated and administered as a fund to be known as the clothing and small stores fund. 113 U.S., 128. Clothing and small stores funds 1879, Feb. 14, ch. 68, ante, p. 216. Advertising for bidders for naval supplies. R. S., § 3718. July 1, 1890. 26 Stat. L., 209. Oaths in pension, cases; before * * * * [Par. 3.] And section thirty-seven hundred and eighteen of the Revised Statutes of the United States is hereby amended by striking out the words "once a week for four weeks" and inserting in lieu thereof the words "twice a week for two weeks or longer, not to exceed four weeks, in the discretion of the Secretary of the Navy." [June 30, 1890.] * CHAP. 646.-An act in relation to oaths in pension and other cases. Be it enacted, &c., That any and all affidavits and declarations to bounty, and pay be hereafter made or used in any pension or bounty cases, or in claims against the Government for back pay or arrears or increase of pension, or for quarterly vouchers, may be taken by any officer authorized to administer oaths for general purposes in the State, City, or county where said officer resides. sary. Certification, &c., by county If such officer has a seal and uses it upon such paper, no certificate clerk; when neces- of a county clerk, or prothonotary, or clerk of a court shall be necessary; but when no seal is used by the officer taking such affidavit, 1890, Sept. 1, then a clerk of a court of record, or a county or city clerk, shall Res. No. 43, post, affix his official seal thereto, and shall certify to the signature and p. 884. official character of said officer. [July 1, 1890.] July 2, 1890. 26 Stat. L., 209. CHAP. 647.- An act to protect trade and commerce against unlawful restraints and monopolies. Trusts, &c., in Be it enacted, &c. SEC. 1. Every contract, combination in the restraint of trade, form of trust or otherwise, or conspiracy, in restraint of trade or com&c., illegal. merce among the several States, or with foreign nations, is hereby 1887, Feb. 4, ch. declared to be illegal. 104, § 7, ante, p. 530. demeanor. demeanor. Every person who shall make any such contract or engage in any Persons combinsuch combination or conspiracy, shall be deemed guilty of a misde- ing, guilty of mismeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 2. Every person who shall monopolize, or attempt to monop- Persons attemptolize, or combine or conspire with any other person or persons, to ing to monopolize, monopolize any part of the trade or commerce among the several &c., guilty of misStates, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 3. Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Terri- Territories or Distory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Trusts, &c., in trict of Columbia illegal. Persons engaged in such combinations guilty of misdemeanor. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 4. The several circuit courts of the United States are hereby Jurisdiction of invested with jurisdiction to prevent and restrain violations of this United States ciract; and it shall be the duty of the several district attorneys of of district attor cuit courts; duty the United States, in their respective districts, under the direction of neys, &c. the Attorney-General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case Procedure. and praying that such violation shall be enjoined or otherwise pro hibited. When the parties complained of shall have been duly notified of Hearing, and such petition the court shall proceed, as soon as may be, to the hear- temporary reing and determination of the case; and pending such petition and be- straining order. fore final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Other parties, SEC. 5. Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the how brought in. ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. SEC. 6. Any property owned under any contract or by any com- Property of bination, or pursuant to any conspiracy (and being the subject trusts in transit thereof) mentioned in section one of this act, and being in the course forfeited. of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. Damages to per SEC. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything for- sons injured. bidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. |