March 3, 1875. Territory of Col. orado made a State. Boundaries. Who may vote at first election. CHAP. 139.-An act to enable the people of Colorado to form a constitution and State government, and for the admission of the said State into the Union on an equal footing with the original States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the Territory of Colorado included in the boundaries hereinafter designated be, and they are hereby, authorized to form for themselves, out of said Territory, a State government, with the name of the State of Colorado; which State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever, as hereinafter provided. SEC. 2. That the said State of Colorado shall consist of all the terri tory included within the following boundaries, to wit: Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north, on said meridian, to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian, to the thirty-seventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude, to the place of beginning. SEC. 3. That all persons qualified by law to vote for representatives to the general assembly of said Territory, at the date of the passage of this act, shall be qualified to be elected, and they are hereby authorized to vote for and choose representatives to form a convention under such rules and regulations as the governor of said Territory, the chief justice, and the United States attorney thereof may prescribe; and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and the aforesaid representatives to form the aforesaid Apportionment convention shall be apportioned among the several counties in said of representatives. Territory in proportion to the vote polled in each of said counties at the last general election as near as may be; and said apportionment shall be made for said Territory by the governor, United States district attorney, and chief justice thereof, or any two of them; and the governor of said Territory shall, by proclamation, order an election of the representatives aforesaid to be held throughout the Territory at such time as Time of first elec- shall be fixed by the governor, chief justice, and United States attorney, tion, &c. or any two of them, which proclamation shall be issued within ninety days next after the first day of September, eighteen hundred and seventyfive, and at least thirty days prior to the time of said election; and such election shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the house of representatives; and the number of members to said convention shall be the same as now constitutes both branches of the legisla ture of the aforesaid Territory. Meeting of con State constitution. SEC. 4. That the members of the convention thus elected shall meet vention to form at the capital of said Territory, on a day to be fixed by said governor, chief justice, and United States attorney, not more than sixty days subsequent to the day of election, which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this act, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States; whereupon the said convention shall be, and is hereby, authorized to form a constitution and State government for said Territory: Provided, That the constitution shall be republican in form, and make No distinction on no distinction in civil or political rights on account of race or color, account of race, except Indians not taxed, and not be repugnant to the Constitution of color, &c. the United States and the principles of the Declaration of Independence: And provided further, That said convention shall provide, by an ordinance irrevocable without the consent of the United States and the Religious tolera- people of said State, first, that perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested, tion. Unappropriate d in person or property, on account of his or her mode of religious worship; Taxes. Constitution to popular vote. Voting and returns. SEC. 5. That in case the constitution and State government shall be formed for the people of said Territory of Colorado, in compliance with be submitted to the provisions of this act, said convention forming the same shall provide, by ordinance, for submitting said constitution to the people of said State for their ratification or rejection, at an election, to be held at such time, in the month of July, eighteen hundred and seventy-six, and at such places and under such regulations as may be prescribed by said convention, at which election the lawful voters of said new State shall vote directly for or against the proposed constitution; and the returns of said election shall be made to the acting governor of the Territory, who, with the chief justice and United States attorney of said Territory, or any two of them, shall canvass the same; and if a majority of legal votes shall be cast for said constitution in said proposed State, the said acting governor shall certify the same to the President of the United States, together with a copy of said constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the State admitted into the Union on an equal footing with the original States, without any further action whatever on the part of Congress. Representat i ve SEC. 6. That until the next general census said State shall be entitled to one Representative in the House of Representatives of the United in Congress. States, which Representative, together with the governor and State and other officers provided for in said constitution, shall be elected on a day subsequent to the adoption of the constitution, and to be fixed by said constitutional convention; and until said State officers are elected and qualified under the provisions of the constitution, the territorial officers shall continue to discharge the duties of their respective offices. SEC. 7. That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said State for the support of common schools. SEC. 8. That, provided the State of Colorado shall be admitted into the Union in accordance with the foregoing provisions of this act, fifty entire sections of the unappropriated public lands within said State, to be selected and located by direction of the legislature thereof, and with the approval of the President, on or before the first day of January, eighteen hundred and seventy-eight, shall be, and are hereby, granted, in legal subdivisions of not less than one quarter-section, to said State for the purpose of erecting public buildings at the capital of said State for legislative and judicial purposes, in such manner as the legislature. shall prescribe. SEC. 9. That fifty other entire sections of land as aforesaid, to be selected and located and with the approval as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said State for the purpose of erecting a suitable building for a penitentiary or State prison in the manner aforesaid. SEC. 10. That seventy-two other sections of land shall be set apart and reserved for the use and support of a State university, to be selected and approved in manner as aforesaid, and to be appropriated and applied as the legislature of said State may prescribe for the purpose named and for no other purpose. A School lands. Land for public buildings. Penitentiary. State university. SEC. 11. That all salt-springs within said State, not exceeding twelve in number, with six sections of land adjoining, and as contiguous as may be to each, shall be granted to said State for its use, the said land to be selected by the governor of said State within two years after the admission of the State, and when so selected to be used and disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt-spring or lands the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall by this act be granted to said State. SEC. 12. That five per centum of the proceeds of the sales of agricultural public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making such internal improvements within said State as the legislature thereof may direct: Provided, That this section shall not apply to any lands disposed of under the home. stead-laws of the United States, or to any lands now or hereafter reserved for public or other uses. SEC. 13. That any balance of the appropriations for the legislative expenses of said Territory of Colorado remaining unexpended shall be applied to and used for defraying the expenses of said convention, and for the payment of the members thereof, under the same rules and regulations and rates as are now provided by law for the payment of the territorial legislature. SEC. 14. That the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school-fund, the interest of which to be expended in the support of common schools. SEC. 15. That all mineral-lands shall be excepted from the operation and grants of this act. Approved, March 3, 1875. March 3, 1875. CHAP. 140.-An act to establish the boundary-line between the State of Arkansas and the Indian country. Be it enacted by the Senate and House of Representatives of the United Boundary-line States of America in Congress assembled, That the boundary-line between between Arkansas the State of Arkansas and the Indian country, as originally surveyed and the Indian and marked, and upon which the lines of the surveys of the public lands in the State of Arkansas were closed, be, and the same is hereby, declared to be the permanent boundary-line between the said State of Arkansas and the Indian country. country. Boundary-line to be retraced, &c. SEC. 2. That the Secretary of the Interior shall, as soon as practicable, cause the boundary-line, as fixed in the foregoing section, to be retraced and marked in a distinct and permanent manner; and if the original line, when retraced, shall be found to differ in any respect from what the boundary-line would be if run in accordance with the provis ions of the treaties establishing the eastern boundary-line of the ChocVariations to be taw and Cherokee Nations, then the surveyors shall note such variations noted, &c. and compute the area of the land which in that case would be taken from the State of Arkansas or the Indian country, as the case may be; and the Secretary of the Interior shall also cause any monuments set up in any former survey indicating any line at variance with the survey provided for in this act to be obliterated. Approved, March 3, 1875. CHAP. 141.-An act supplementary to the acts in relation to immigration. March 3, 1875. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in determining whether Inquiry by conthe immigration of any subject of China, Japan, or any Oriental country, sular officer as to to the United States, is free and voluntary, as provided by section two grant from China thousand one hundred and sixty-two of the Revised Code, title "Immi- or Japan for service gration," it shall be the duty of the consul-general or consul of the for immoral purUnited States residing at the port from which it is proposed to con- poses. vey such subjects, in any vessels enrolled or licensed in the United States, or any port within the same, before delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascertain whether such immigrant has entered into a contract or agreement for a term of service within the United States, for lewd and immoral purposes; and if there be such contract or agreement, the said consul-general or consul shall not deliver the required permit or certificate. Conditions of certificate. R. S.,2162, p. 378. Citizen of United States transporting Japan without free subject of China or consent. SEC. 2. That if any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be taken or transported, to or from the United States any subject of China, Japan, or any Oriental country, without their free and voluntary consent, for the purpose of holding them to a term of service, such citizen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; and all contracts and agreements for a term of service of such persons in the United ice void. States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. Penalty. Contract for serv tion. Contract void. SEC. 3. That the importation into the United States of women for Importation of the purposes of prostitution is hereby forbidden; and all contracts and women for puragreements in relation thereto, made in advance or in pursuance of poses of prostitusuch illegal importation and purposes, are hereby declared void; and whoever shall knowingly and willfully import, or cause any importation of, women into the United States for the purposes of prostitution, or shall knowingly or willfully hold, or attempt to hold, any woman to such purposes, in pursuance of such illegal importation and contract or agreement, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not exceeding five years and pay a fine not exceeding five thousand dollars. SEC. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal importation, to supply to another the labor of any cooly or other person brought into the United States in violation of section two thousand one hundred and fifty-eight of the Revised Statutes, or of any other section of the laws prohibiting the cooly-trade or of this act, such person shall be deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a sum not exceeding five hundred dollars and imprisoned for a term not exceeding one year. Penalty. Contracting to supply labor of cooly in violation of section 2158 Revised Statutes. Penalty. Inspection ofves SEC. 5. That it shall be unlawful for aliens of the following classes to Immigration of immigrate into the United States, namely, persons who are undergoing alien convicts, and a sentence for conviction in their own country of felonious crimes other of women for purposes of prostituthan political or growing out of or the result of such political offenses, tion, forbidden. or whose sentence has been remitted on condition of their emigration, and women" imported for the purposes of prostitution." Every vessel arriving in the United States may be inspected under the direction of the collector of the port at which it arrives, if he shall have reason to believe that any such obnoxious persons are on board; and the officer making such inspection shall certify the result thereof to the master or other person in charge of such vessel, designating in such certificate the person or persons, if any there be, ascertained by him to be of either of the classes whose importation is hereby forbidden. When such inspection is required by the collector as aforesaid, it shall be unlawful, sels. Certificate of in spector. When inspection required, alien not to land until, &c. Alien of forbid den classes not to land, except, &c. without his permission, for any alien to leave any such vessel arriving in the United States from a foreign country until the inspection shall have been had and the result certified as herein provided; and at no time thereafter shall any alien certified to by the inspecting officer as being of either of the classes whose immigration is forbidden by this section, be allowed to land in the United States, except in obedience to a judicial process issued pursuant to law. If any person shall feel Hearing of in- aggrieved by the certificate of such inspecting officer stating him or her spector's charge. to be within either of the classes whose immigration is forbidden by this section, and shall apply for release or other remedy to any proper court or judge, then it shall be the duty of the collector at said port of entry to detain said vessel until a hearing and determination of the matter are had, to the end that if the said inspector shall be found to be in accordance with this section and sustained, the obnoxious person or persons shall be returned on board of said vessel, and shall not thereafter be permitted to land, unless the master, owner, or consignee Bond of master of the vessel shall give bond and security, to be approved by the court or judge hearing the cause, in the sum of five hundred dollars for each such person permitted to land, conditioned for the return of such person, within six months from the date thereof, to the country whence his or her emigration shall have taken place, or unless the vessel bringing such obnoxious person or persons shall be forfeited, in which event the proceeds of such forfeiture shall be paid over to the collector of the port of arrival, and applied by him, as far as necessary, to the return of such person or persons to his or her own country within the said period of six months. And for all violations of this act, the vessel, by the acts, omissions, or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be Forfeiture of ves- liable to forfeiture, and may be proceeded against as in cases of frauds sel for violations of against the revenue laws, for which forfeiture is prescribed by existing or owner, &c., of vessels, for return of forbidden immi grants. Return of forbid den immigrant by collector in certain cases. this act. March 3, 1875. Adjutant-Gener how constituted. law. Approved, March 3, 1875. CHAP. 142.—An act to reduce and fix the Adjutant General's Department of the Be it enacted by the Senate and House of Representatives of the United al's Department, States of America in Congress assembled, That the Adjutant General's Department of the Army shall hereafter consist of one Adjutant General, with the rank, pay, and emoluments of a brigadier general; two assistant adjutants general, with the rank, pay, and emoluments of colonels; four assistant adjutants general, with the rank, pay, and emoluments of lieutenant colonels; and ten assistant adjutants general, with the rank, pay, and emoluments of majors. Repeal of part of 1869, c. 124, s. 6, v. 15, p. 318. R. S., 1194, p. 212. SEC. 2. That so much of section six of the act entitled "An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes," approved March third, eighteen hundred and sixty-nine, as applies to the Adjutant General's Department, be, and the same is hereby, repealed. Approved, March 3, 1875. March 3, 1875. Twenty-cent sil ver coin. 1873, c. 131, v. 17, p. 424. CHAP. 143.-An act authorizing the coinage of a twenty cent piece of silver at the mints of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, from time to time, coined at the mints of the United States, conformably in all respects to the coinage act of eighteen hundred and seventy-three a coin of silver of the denomination of twenty-cents and of the weight of five grams. |