Jurisdiction of offenses. Any person violating any of the provisions of this section may be proceeded against by information or indictment and tried and pun44 Fed. Rep., 677. ished, either in the district at which the unlawful publication was mailed or to which it is carried by mail for delivery according to the direction thereon, or at which it is caused to be delivered by mail to the person to whom it is addressed." Registered letters to lotteries, &c., may be returned. Substitute for -not to be opened. Evidence of agency. bidden and money returned. SEC. 2. That section thirty-nine hundred and twenty-nine of the Revised Statutes be, and the same is hereby, amended to read as follows: "SEC. 3929. The Postmaster-General may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme or device for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, instruct postmasters at any postoffice at which registered letters arrive directed to any such person or company, or to the agent or representative of any such person or company, whether such agent or representative is acting as an individual or as a firm, bank, corporation, or association of any kind, to return all such registered letters to the postmaster at the office at which they were originally mailed, with the word 'Fraudulent' plainly written or stamped upon the outside thereof; and all such letters so returned to such postmasters shall be by them returned to the writers thereof, under such regulations as the Postmaster-General may prescribe. But nothing contained in this section shall be so construed as to authorize any postmaster or other person to open any letter not addressed to himself. The public advertisement by such person or company so conducting such lottery, gift enterprise, scheme, or device, that remittances for the same may be made by registered letters to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the Postmaster-General shall not be precluded from ascertaining the existence of such agency in any other legal way satisfactory to himself." SEC. 3. That section four thousand and forty-one of the Revised Statutes be, and the same is hereby, amended to read as follows: Payment of "SEC. 4041. The Postmaster-General may, upon evidence satisfacmoney orders in tory to him that any person or company is engaged in conducting favor of lotteries, any lottery, gift enterprise, or scheme for the distribution of money, &c., may be for- or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, forbid the payment by any postmaster to said person or company of any postal money-orders drawn to his or its order, or in his or its favor, or to the agent of any such person or company, whether such agent is acting as an individual or as a firm, bank, corporation, or association of any kind, and may provide by regulation for the return to the remitters of the sums named in such money-orders. Substitute for Letters not to be opened. Evidence of agency. But this shall not authorize any person to open any letter not addressed to himself. The public advertisement by such person or company so conducting any such lottery, gift enterprise, scheme, or device, that remittances for the same may be made by means of postal money-orders to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the PostmasterGeneral shall not be precluded from ascertaining the existence of such agency in any other legal way." [September 19, 1890.] CHAP. 909.-An act to establish a port of delivery at Sioux City, Iowa. Sept. 25, 1890. 26 Stat. L., 466. Be it enacted, &c., That the city of Sioux City, in the State of Sioux City, Iowa, Iowa, shall be, and is hereby, constituted a port of delivery, annexed a port of delivto and made a part of the collection district of New Orleans, and shall ery with privileges be subject to the same regulations and restrictions as other ports of of immediate delivery in the United States; and the privileges of the first and transportation act. R. S., § 2568, seventh sections of the act approved June tenth, eighteen hundred par. 1. and eighty, entitled "An act to amend the statutes in relation to im- 1880, Jan. 10, ch. mediate transportation of dutiable goods, and for other purposes," 190, be, and the same are, extended to said port. 1, 7, ante, pp. 293, 294. SEC. 2. That there shall be appointed by the President a surveyor of customs for said port, who shall reside at said port, and receive the same compensation now provided, or which may hereafter be pro- par. 1. vided, by law for surveyors of the same grade. [September 25, 1890.] CHAP. 911.—An act to provide for the establishment of a port of delivery at Rock Island, Illi nois. Sept. 25, 1890. 26 Stat. L., 467. Rock Island, Ill., made a port of made a port of Be it enacted, &c., That Rock Island, in the State of Illinois, be, and hereby is, established as a port of delivery, in the customs col lection district of New Orleans, and that there shall be appointed at of New Orleans, said port a surveyor of customs, with compensation of three hundred &c. and fifty dollars per annum and the usual fees, for the payment of R. S., § 2568, which compensation an appropriation is hereby made out of any par. 1. money in the Treasury not otherwise appropriated. [September 25, 1890.] CHAP. 912.—An act to amend an act approved March third, eighteen hundred and eightyseven, entitled "An act to amend sections twenty-five hundred and thirty-three and twentyfive hundred and thirty-four of the Revised Statutes, and making Hartford, in the State of Connecticut, a port of entry, in place of Middletown." Surveyor. R. S., § 2569, par. 1. Sept. 25, 1890. 26 Stat. L., 467. Be it enacted, &c., That section one of the act approved March Long Meadow, third, eighteen hundred and eighty-seven, entitled "An act to Agawam, and amend sections twenty-five hundred and thirty-three and twenty-five Mass., included in West Springfield, hundred and thirty-four of the Revised Statutes, and making Hart- customs district of ford, in the State of Connecticut, a port of entry, in place of Middle- Hartford, Conn. town," be amended so as to include within the district of Hartford, R. S., § 2533, Connecticut, the towns of Long Meadow, Agawam, Springfield, and par 1887, Mar. 3, ch. West Springfield, Massachusetts, in which Springfield shall be a port 348, ante, p. 558. of delivery with the privileges of the seventeenth (1) section of the Springfield a port act of June tenth, eighteen hundred and eighty, entitled "An act to of delivery with amend the statutes in relation to immediate transportation of dutia- privilege of imble goods, and for other purposes;" and there shall be appointed a tation act. surveyor of customs for said port, to reside at said port, who shall receive a salary to be determined in amount by the Secretary of the Treasury, not exceeding one thousand dollars per annum. [September 25, 1890.] NOTE. (1) There is no such section as section 17 in this act and this reference is evidently intended to be to section seven. mediate transpor 1880, June 10, ch. 190.57, ante, p. 294. Surveyor. R. S., § 2534, par. 3. CHAP. 917.—An act to create a port of entry at Eagle Pass, Texas, in lieu of Indianola, Texas. Be it enacted, &c., That paragraph two of section twenty-five hundred and seventy-eight of the Revised Statutes be amended so as to read as follows: Sept. 25, 1890. 26 Stat. L., 470. Eagle Pass, Tex., made a port of entry in lieu of Indianola, Tex. Substitute for "Second. The district of Saluria; to comprise all the waters and shores of the State from and including the counties of Matagorda R. S., § 2578, and Wharton as bounded on the third day of March, eighteen hun- par. 2. dred and forty-seven, to the county of Refugio as bounded on the twenty-eighth day of July eighteen hundred and forty-seven; in which Eagle Pass shall be the port of entry, and Matagorda, Copano, Lavaca and San Antonio, ports of delivery." That paragraph two of section twenty-five hundred and ninetynine of the Revised Statutes be amended so as to read as follows: "Second. In the district of Saluria, a collector who shall reside at Eagle Pass." SECTION. 2. That section three thousand and four of the Revised Statutes be, and the same is hereby, amended by substituting the words "Eagle Pass" for the word "Indianola." [September 25, 1890.] Sept. 25, 1890. 26 Stat. L., 474. Virginia. CHAP. 922.-An act to amend section five hundred and seventy-two of the Revised Statutes so as to provide for the holding of the regular terms of the circuit and district courts for the western districts of Virginia. Be it enacted, &c., That hereafter the circuit and district courts of Terms of courts the United States for the western district of Virginia shall be held: for western disAt Danville on the Tuesday after the second Monday in April and November; trict changed. R. S., $572, 658. Process. At Lynchburg on the Tuesday after the second Monday in March and September; At Abingdon on the Tuesday after the first Monday in May and October, And at Harrisonburgh on the Tuesday after the first Monday in June and December, instead of at the times now provided by law. All process, bonds, and recognizances heretofore issued or existing, having relation to the terms of said courts as now by law existing, shall be deemed and taken to have relation and effect at, and in respect of, the terms of said courts in this act fixed. [September 25, 1890.] Sept. 26, 1890. 26 Stat. L., 484. Original working dies for coins to be prepared. Substitute for R. S., § 3510. New designs, emblems. CHAP. 944.-An act to amend section thirty-five hundred and ten of the Revised Statutes of the Be it enacted, &c., That section thirty-five hundred and ten of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: "SEC. 3510. The engraver shall prepare from the original dies already authorized all the working-dies required for use in the coinage of the several mints, and, when new coins, emblems, devices, legends, or designs are authorized, shall, if required by the Director of the Mint, prepare the devices, models, hubs, or original dies for the same. The Director of the Mint shall have power, with the approval of &c., of authorized the Secretary of the Treasury, to cause new designs or models of authorized emblems or devices to be prepared and adopted in the same manner as when new coins or devices are authorized. -not to be made oftener than once in 25 years. -diameter not to be changed. But no change in the design or die of any coin shall be made oftener than once in twenty-five years from and including the year of the first adoption of the design, model, die, or hub for the same coin: Provided, That no change be made in the diameter of any coin: And provided further, That nothing in this section shall prevent ard silver dollar the adoption of new designs or models for devices or emblems already authorized for the standard silver dollar and. the five-cent nickel piece as soon as practicable after the passage of this act. Dies for stand and five-cent nickel piece. Distinguished But the Director of the Mint shall nevertheless have power, with artists may be em- the approval of the Secretary of the Treasury, to engage temporarily ployed. for this purpose the services of one or more artists, distinguished in their respective departments of art, who shall be paid for such service from the contingent appropriation for the mint at Philadelphia." [September 26, 1890.] CHAP. 945.—An act to discontinue the coinage of the three-dollar and one-dollar gold pieces and three-cent nickel piece. Sept. 26, 1890. 26 Stat. L., 485. Three-dollar and Be it enacted, &c., That from and after the passage of this act the coinage of the three-dollar gold piece, the one-dollar gold piece, and one-dollar gold, the three-cent nickel piece be, and the same is hereby, prohibited, and and three-cent the pieces named shall not be struck or issued by the Mint of the nickel pieces not to United States. be coined. R.S., 3511,3515. SEC. 2. That as fast as the said coins shall be paid into the Treas--to be withdrawn ury of the United States they shall be withdrawn from circulation and recoined. and be recoined into other denominations of coins. SEC. 3. That all laws and parts of laws in conflict with this act are hereby repealed. [September 26, 1890.] Repeal. CHAP. 946.-An act creating an additional land office in the State of North Dakota. Sept. 26, 1890. 26 Stat. L., 485. Minot land dis trict, North Da R. S., § 2256, p. 411. Be it enacted, &c., That all that portion of the State of North Dakota, bounded and described as follows: Commencing at the northwest corner of the State of North Dakota; thence east along the north kota. boundary of said State to a point at the intersection of said line with the eleventh guide meridian; thence south along said meridian to the 1874, April 24, twelfth standard parallel; thence west along said parallel, when pro- ch. 127, ante, p. duced, to the western boundary line of said State of North Dakota; 9. 1880, Jan. 21, thence north along the western boundary line of said State to the ch. 8, ante, p. 275. place of beginning, be, and is hereby, constituted a new land dis- 1883, March 3, ch. 140, ante, p. 415. trict, to be called the Minot land district. SEC. 2. That the President shall designate the place in the district at which the land office shall be located. Land office. Register and re SEC. 3. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and receiver ceiver. for said land district hereby created, who shall discharge like and similar duties and receive the same amount of compensation therefor as other officers discharging like duties in the land offices of the State of North Dakota; District and And said land district shall be subjected, as other land districts are, under the laws, to be changed or consolidated with any other office may be district or districts, and the land office may be changed to any other changed. location by order of the President. [September 26, 1890.] CHAP. 949.-An act establishing a free public bathing beach on the Potomac River near Washington Monument. Sept. 26, 1890. 26 Stat. L., 490. Bathing beach Be it enacted, &c., That the Commissioners of the District of Columbia are hereby authorized and permitted to construct a beach and on Potomac River, dressing houses upon the east shore of the tidal reservoir against the Washington, D, Washington Monument grounds, and to maintain the same for the C., &c. purpose of free public bathing, under such regulations as they shall deem to be for the public welfare; and the Secretary of War is requested to permit such use of the public domain as may be required to accomplish the objects above set forth. SEC. 2. [Appropriation for one year.] [September 26, 1890.] Sept. 27, 1890. 26 Stat. L., 491. Punishment by sentence of courts martial, Army, may be limited. CHAP. 998.-An act to amend the Articles of War relative to the punishment on conviction by courts-martial. Be it enacted, &c., That whenever by any of the Articles of War for the government of the Army the punishment or conviction of any military offense is left to the discretion of the court martial the punishment therefor shall not, in time of peace, be in excess of a 1890, Oct. 1, ch. limit which the President may prescribe. [September 27, 1890.] 1259, § 1, post, p. R. S., § 1342. 878. Sept. 29, 1890. 26 Stat. L., 496. Unearned lands granted to railroads forfeited. CHAP. 1040.-An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes. Be it enacted, &c., That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminus with the portion of any such railroad not now completed, and in opera-restored to pub- tion, for the construction or benefit of which such lands were lic domain. granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted. Preference rights of present SEC. 2. That all persons who, at the date of the passage of this actual settlers to act, are actual settlers in good faith on any of the lands hereby fortake homesteads. feited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who has not heretofore had the benefit of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights. Bona fide purchasers from State or railroad may purchase. 1891, Feb. 18, ch. 244, post, p. 894. SEC. 3. That in all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of Congress they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payments to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price |