Provided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preemption or homestead laws prior to the passage of this act. [February 23, 1875.] March 1, 1875. 18 Stat. L., 335. Equality of rights. Const. 14th Amend. R. S., § 19771991. All persons to SECTION CHAPTER 114. AN ACT TO PROTECT ALL CITIZENS IN THEIR CIVIL AND LEGAL RIGHTS. Preamble; equity of rights. 1. All persons to have equal rights in inns, pub- 2. Persons violating provisions liable to penalty. 3. Jurisdiction of courts. District attorneys, marshals, and commission- SECTION Rights of civil actions not affected. Failure of district attorney to prosecute. Effect of judgment against district attorney. 4. Jurors not to be excluded on account of race or color. 5. Supreme Court may review all cases under this act. Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore, Be it enacted, &c. [SECTION 1], That all persons within the jurisdiction of the United have equal rights States shall be entitled to the full and equal enjoyment of the accomin inns, public con- modations, advantages, facilities, and privileges of inns, public conveyveyances, theaters, and places of pub- ances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude. lic amusement. R. S., § 1977. Persons viol a t ing provisions lia- Election of rem SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such of fense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for the penalty aforesaid edies by persons or to proceed under their rights at common law and by State statutes; aggrieved. and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State: Judgment on one And provided further, That a judgment for the penalty in favor of the bars both reme- party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. dies. SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party; And the district attorneys, marshals, and deputy marshals of the District attorUnited States, and commissioners appointed by the circuit and territo- neys, marshalsand commission, rial courts of the United States, with powers of arresting and impris- ers to institute prooning or bailing offenders against the laws of the United States, are ceedings against hereby specially authorized and required to institute proceedings against persons violating every person who shall violate the provisions of this act, and cause him act. to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, tion not affected. whether by reason of this act or otherwise; Right of civil ac R. S., § 1979. Failure of dis trict attorney to prosecute. And any district attorney who shall willfully fail to institute and prosecute the proceedings herein required, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the Effect of judgparty aggrieved against any such district attorney, or a judgment upon ment against district attorney. an indictment against any such district attorney, shall be a bar to either prosecution respectively. SEC. 4. That no citizen possessing all other qualifications which are Jurors not to be color. ac or may be prescribed by law shall be disqualified for service as grand excluded on count of race or or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars. R. S., §§ 800-822. 3 Hughes, 576. 100 U.S., 339. cases under this SEC. 5. That all cases arising under the provisions of this act in the Supreme Court courts of the United States shall be reviewable by the Supreme Court may review all of the United States, without regard to the sum in controversy, under act. the same provisions and regulations as are now provided by law for the review of other causes in said court. [March 1, 1875.] R. S., §§ 691, 699, par. 4. 1875, Feb. 16, ch. 77, § 3. CHAPTER 115. AN ACT TO AUTHORIZE THE PROMULGATION OF THE GENERAL REGULATIONS FOR THE Regulations for government of Army may be made by President. March 1, 1875. 18 Stat. L., 337. my may be made, Be it enacted, &c., That so much of section twenty of the act approved Regulations for July fifteenth, eighteen hundred and seventy, entitled "An act making government of Arappropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy-one, and for other purposes," as requires the system of general regulations for the Army therein authorized to be reported to Congress at its next session, and approved by that body, be, and the same is hereby, repealed; And the President is hereby authorized, under said section, to make and publish regulations for the government of the Army in accordance with existing laws. [March 1, 1875.] &c., by President. 1870, ch. 294, § 20 (16 Stat. L., 319). 1876, Ang. 15, Res. No. 21, p. 255. 1879, June 23, ch. 35, § 2. 16 Opin. Att'y Gen., 38. CHAPTER 117. March 1, 1875. 18 Stat. L., 337. AN ACT EXPLANATORY OF THE ACT PASSED JUNE TWENTIETH, EIGHTEEN HUNDRED Cleaning streets, repairing sewers, &c., in District of Columbia declared municipal objects. Cleaning streets, Be it enacted, &c., That it was the true intent and meaning of the act repairing sewers, passed June twentieth, eighteen hundred and seventy-four, for the gov&c., in District of Columbia declared ernment of the District of Columbia, that the sweeping, cleaning, and municipal objects. removing all refuse and filthy accumulations in the streets, alleys, and 1874, June 20, avenues of the cities of Washington and Georgetown, and the repairs ch. 337, § 2. and cleaning of the sewers, are necessary municipal objects, which be1878, March 3, ch. 180, § 3. long to the current expenses of the same, to be paid for in money as other ordinary municipal expenses; And the proper District authorities are hereby directed to pay the parties that have heretofore performed this class of work, from the treasury of said District, out of any money not otherwise appropriated, the amount and value of said work done since the passage of the act, with legal interest from the time the same fell due under the contract, but not till after their accounts have been approved and audited as the law directs. [March 1, 1875.] March 2, 1875. 18 Stat. L., 338. Paymasters in Army; number of, with rank of ma jor, to be fifty. CHAPTER 118. AN ACT FIXING THE NUMBER OF PAYMASTERS IN THE ARMY OF THE UNITED STATES. SECTION 1. Paymasters in Army; number of, with rank Be it enacted, &c. 2. need not be selected from additional paymasters. [SECTION 1], That the number of paymasters is hereby established at fifty, instead of sixty, as was designated in the eighteenth section of the act of July twenty-eighth, eighteen hundred and sixty-six; (1) said pay1875, March 3. masters to have the rank, pay, and emoluments of majors of cavalry. Res. No. 7, p. —. R. S., § 1182. Need not be se- SEC. 2. That so much of said eighteenth section (2) as relates to the persons from whom said paymasters shall be selected be, and is hereby, 1866, ch. 299, § 18 repealed. [March 2, 1875.] lected from additional paymasters. (14 Stat. L., 335). NOTES.-(1) The provision of the act here referred to, 1866, ch. 299, § 18 (14 Stat. L., 335), is incorporated into Revised Statutes in § 1182, noted in the margin. The meaning of this act is explained by resolution, 1875, March 3, No. 7, p. 198. (2) Section 18 of the act of 1866, ch. 299 (14 Stat. L., 335), provided that paymasters should be "selected from persons who have served as additional paymasters," but that provision is not contained in the Revised Statutes. March 2, 1875. CHAPTER 119. AN ACT FURTHER SUPPLEMENTAL TO THE VARIOUS ACTS PRESCRIBING THE MODE OF Be it enacted, &c. In contestedelection cases, [SECTION 1], That so much of section one hundred and twenty-seven Clerk of House to of the Revised Statutes as requires the Clerk of the House of Repreopen depositions before meeting of sentatives to open, upon the written request of either party, any depoCongress. sition, in cases of contested election, after he shall have received the same, and prior to the meeting of Congress, be, and the same is hereby repealed. R. S., § 127. ited. SEC. 2. That section one hundred and seven of the Revised Statutes time for taking of the United States shall be construed as requiring all testimony in testimony in, limcases of contested election to be taken within ninety days from the day R. S., § 107. on which the answer of the returned member is served upon the contestant. [March 2, 1875.] CHAPTER 120. AN ACT TO DECLARE THE TRUE INTENT AND MEANING OF THE TWENTIETH SECTION OF In Dakota, act exempting property from execution, &c., not repealed, except so far as is inconsistent with act making void conveyances of homestead without joinder of wife. March 2, 1875. 18 Stat. L., 338. Be it enacted, &c., That the twentieth section of the act named in the In Dakota, act title shall not be construed as an absolute repeal of chapter thirty. exempting properseven of the laws of Dakota, approved May twelfth, eighteen hundred ty from execution, and sixty-two, but only as repealing so much of said chapter thirty- except so far as in&c., not repealed, seven as is inconsistent with the first named act, and no other effect consistent with shall be given to said twentieth section. [March 2, 1875.] act making void conveyances of homestead without joinder of wife. CHAPTER 126. AN ACT IN RELATION TO THE QUARTERMASTER'S DEPARTMENT, FIXING ITS STATUS, RE- SECTION March 3, 1875. 18 Stat. L., 338. SECTION 1. Quartermaster's Department of Army; of what officers to consist. 4. 3. Rank, &c., of present officers not reduced. 2. military storekeepers; office abolished, &c. Be it enacted, &c. Quartermaster's my; of what offi [SECTION 1], That the Quartermaster's Department of the Army shall hereafter consist of the Quartermaster-General, with the rank, pay and Department of Aremoluments of a brigadier-general; four assistant quartermasters-gen- cers to consist. eral, with the rank, pay and emoluments of colonels of cavalry; eight R. S.. § 1132. deputy quartermasters-general, with the rank, pay and emoluments of lieutenant-colonels of cavalry; fourteen quartermasters, with the rank, pay and emoluments of majors of cavalry; and thirty assistant quartermasters, with the rank, pay and emoluments of captains of cavalry. SEC. 2. That no more appointments shall be made in the grade of mil-military storeitary storekeepers in the Quartermaster's Department, and this grade keepers; office abolished, &c. shall cease to exist as soon as the same becomes vacant by death, resigR. S., § 1132. nation, or otherwise of the present incumbents. SEC. 3. That no officer now in service shall be reduced in rank, or deprived of his commission by reason of any provision of this act. rank, &c., of present officers not reduced. R. S., § 1194. 15 Opin. Att'yGen., 330. SEC. 4. That no officer shall be promoted or appointed in the Quar--promotions and termaster's Department in excess of the organization prescribed by this appointments in. act, and that so much of section six of the act approved March third, eighteen hundred and sixty-nine, entitled (1) "An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes", as applies to the Quartermaster's Department, be, and the same is hereby, repealed. [March 3, 1875.] NOTE.-(1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318), are incorporated into Revised Tax on distilled CHAPTER 127. AN ACT TO FURTHER PROTECT THE SINKING-FUND AND PROVIDE FOR THE EXIGENCIES SECTION 1. Tax on distilled spirits to be 90 cents a gallon. -on cigars $6; on cigarettes $1.75 or $6, ac- Contracts prior to February 10, 1875, how af 3. Customs duties on sugars. sugar in bags. Be it enacted, &c. [SECTION 1], That from and after the passage of this act there shall spirits to be 90 be levied and collected on all distilled spirits thereafter produced in the cents a gallon. United States, a tax of ninety cents on each proof gallon, or wine-galR. S., §§ 3251, lon when below proof, to be paid by the distiller, owner or person hav 1875, March 3, ing possession thereof, before removal from the distillery bonded warech. 131, § 12. house; and so much of section three thousand two hundred and fifty. one of the Revised Statutes of the United States as is inconsistent herewith is hereby repealed. 3309. -tobacco 24 cents a pound. R. S., § 3368. 1879, March 1, ch. 125, § 14. -on cigars $6; on SEC. 2. That section (1) three thousand three hundred and sixty-eight of the Revised Statutes be, and the same is hereby, amended by striking out the words "twenty cents a pound", and inserting in lieu thereof, the words "twenty-four cents a pound"; And that section three thousand three hundred and ninety-four (2) of cigarettes $1.75, or the Revised Statutes be, and the same is hereby, amended by striking out $6, according to the word "five" wherever it occurs therein, and inserting instead thereof weight. the word "six", and by striking out the word "fifty" and inserting instead thereof the words "seventy-five": R. S., § 3394. 1 Hughes, 356. 3 Hughes, 227. Contracts prior this act. Provided, That the increase of tax herein provided for shall not apply to tobacco on which the tax under existing law shall have been paid when this act takes effect. And provided further, That whenever it shall be shown to the satis to Feb. 10, 1875, faction of the Secretary of the Treasury by testimony under oath that how affected by any person liable to pay the increased tax by this section imposed had prior to the tenth day of February, eighteen hundred and seventy-five, made a contract for the future delivery of such tobacco, cigars, and cigarettes at a fixed price, which contract was in writing prior to that date, such tobacco may be delivered to the contracting party entitled thereto under special permit from the Commissioner of Internal Revenue provided therefor, without previous payment of such additional tax; but the said additional tax shall be a lien thereon, and shall be paid by and collected from the purchaser under such contract before the sale or removal thereof by him, and when demanded by the collector of internal revenue for the district to which the same shall be removed for delivery to the purchaser; and any sale or removal by such purchaser, prior to the payment of such tax, shall subject him and such tobacco so sold or removed to all the penalties and processes of law provided in the case of manufacturers of tobacco so selling or removing tobacco to avoid the payment of tax. Customs duty on sugar. SEC. 3. That on all molasses, concentrated molasses, tank-bottoms, syrup of sugar cane juice, melada, and on sugars according to the Dutch R. S., § 2504 (2d standard in color, imported from foreign countries, there shall be levied, ed., p. 468). collected and paid, in addition to the duties now imposed in Schedule G, section two thousand five hundred and four of the Revised Statutes, an amount equal to twenty-five per centum of said duties as levied upon the several articles and grades therein designated; -on melada, defined. Provided, That concentrated melada, or concrete, shall hereafter be classed as sugar dutiable according to color by the Dutch standard: and melada shall be known and defined as an article made in the process of NOTES. (1) The rate of taxation is again changed by act of March 1, 1879, ch. 125, § 14. (2) The amendments here made to § 3394 are incorporated therein in the second edition of the Revised Statutes. |