when on sea duty; but this provision shall not apply to warrant officers commissioned under Section 12 of this act," is repealed. All chaplains now in the navy above the grade of lieutenant shall receive the pay and allowances of lieutenant commander in the navy according to length of service under the provisions of law for that rank, and all chaplains now in the navy in the grade of lieutenant shall receive their present sea pay when on shore duty: Provided, that naval chaplains hereafter appointed shall have the rank, pay and allowances of lieutenant (junior grade) in the navy until they shall have completed seven years of service, when they shall have the rank, pay and allowances of lieutenant in the navy; and lieutenants shall be promoted, whenever vacancies occur, to the grade of lieutenant commander, which shall consist of five numbers, and when so promoted shall receive the rank, pay and allowances of lieutenant commander in the navy: Provided further, that nothing herein contained shall be held or construed to increase the number of chaplains as now authorized by law or to reduce the rank or pay of any now serving. From and after the passage of this act the allowances of civil engineers and professors of mathematics in the navy shall be the same as are or may be provided by or in pursuance of law for naval constructors, and the allowances of assistant civil engineers the same as for assistant naval constructors. By two joint resolutions, one approved April 19, 1906, and the other approved April Relief for 24, 1906, Congress appropriated $2,500,000 for the relief of the sufSan Francisco. ferers from earthquake and fire in San Francisco. A joint resolution approved June 28, 1906, authorized the President to appoint a commission, consisting of an officer or retired officer of the Engineer Corps of the United States Army, an officer of the United States Navy, and one Chesapeake person from civil life, to examine and appraise the value of the works and Delaware and franchises of the Chesapeake and Delaware Canal, connecting the Canal. waters of the Chesapeake and Delaware bays, with reference to the desirability of purchasing said canal by the United States and the construction over the route of the raid canal of a free and open waterway having a depth and capacity sufficient to accommodate the largest vessel afloat at mean low water. Said commission, to the extent that the same can be done from the surveys heretofore made under the direction of the War Department and within the limits of the appropriation herein made, shall also examine and investigate the feasibility, for the purpose of such a waterway, of the route known as the Sassafras route. The commission shall make a report of its work, together with its conclusions upon the probable cost and commercial advantages and military and naval uses of each of said routes, to the Secretary of War, who shall transmit the same to Congress at its next session. The sum of $10,000, or so much, thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expenses of said commission. Forfeiture of Railroad Grant Lands. An act approved June 26, 1906, provided that each and every grant of right of way and station grounds heretofore made to any railroad corporation under the act of Congress approved March 3, 1875, entitled "An act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby freed and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the United States subject to any such grant of right of way or station grounds: Provided, that in any case under this act where construction of the railroad is progressing in good faith at the date of the approval of this act the forfeiture declared in this act shall not take effect as to such line of railroad. An act approved June 11, 1906, provided that every common carrier engaged in trade or commerce in the District of Columbia, or in any territory of the United States, or between the several states, or between any territory and anLiability of other, or between any territory or territories and any state or states, or Common the District of Columbia, or with foreign nations, or between the District Carriers. of Columbia and any state or states or foreign nations, shall be liable to any of its employes, or, in the case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon him, for all damages which may result from the negligence of any of its officers, agents or employes, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways or works. In all actions hereafter brought against any common carriers to recover damages for personal injuries to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employe. All questions of negligence and contributory negligence shall be for the jury. No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employe, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defence to any action brought to recover damages for personal injuries to or death of such employe: Provided, however, that upon the trial of such actio against any common carrier the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit, or indemnity that may have been, paid to the injured employe, or, in case of his death, to his personal representative. No action shall be maintained under this act, unless commenced within one year from the time the cause of action accrued. Nothing in this act shall be held to limit the duty of common carriers by railroads or impair the rights of their employes under the safety-appliance act of March 2, 1893, as amended April 1, 1896, and March 2, 1903. An act approved May 26, 1906, provided that Section 6 of an act approved March 14, 1900, entitled "An act to define and fix the standard of value, to maintain the parity of all forms of money issued or coined by the United States, Coining Reserve to refund the public debt, and for other purposes," be amended by Fund Bullion. striking from the first proviso of said Section 6 the words "one hundred" and inserting in lieu thereof the word "fifty," and by adding, after the words "shall be suspended," the following: "but the Secretary of the Treasury is directed to coin, within reasonable time, any and all gold bullion held in said reserve fund in excess of $50,000,000," making the first proviso of said Section 6 read as follows: "Provided, that whenever and so long as the gold coin held in the reserve fund in the Treasury for the redemption of United States notes and Treasury notes shall fall and remain below $50,000,000 the authority to issue certificates as herein provided shall be suspended, but the Secretary of the Treasury is directed to coin, within reasonable time, any and all gold bullion held in sald reserve fund in excess of $50,000,000." An act approved June 29, 1906, provided that the diversion of water from Niagara River or its tributaries, in the state of New York, is hereafter prohibited, except with Preserving the consent of the Secretary of War as hereinafter authorized in Section 2 of the act: Provided, that this prohibition shall not be interpreted as forbidding the diversion of the waters of the Great Lakes or of Niagara River for sanitary or domestic purposes, or for navigation, the amount of which may be fixed from time to time by the Congress of the United States or by the Secretary of War of the United States under its direction. Section 2 authorized the Secretary to grant permits for the diversion of water in the United States from said Niagara River or its tributaries for the creation of power to individuals, companies or corporations which are now actually producing power from the waters of said river, or its tributaries, in the state of New York, or from the Erie Canal; also permits for the transmission of power from the Dominion of Canada into the United States, to companies legally authorized therefor, both for diversion and transmission, as hereinafter stated, but permits for diversion shall be issued only to the individuals, companies or corporations as aforesaid, and only to the amount now actually in use or contracted to be used in factories, the buildings for which are now in process of construction, not exceeding to any one individual, com pany or corporation as aforesaid a maximum amount of 8,600 cubic feet per second, and not exceeding to all individuals, companies or corporations as aforesaid an aggregate amount of 15,600 cubic feet per second; but no revocable permits shall be issued by the said secretary under the provisions hereafter set forth for the diversion of additional amounts of water from the said river or its tributaries until the ap proximate amount for which permits may be issued as above, to wit, 15,600 cubic feet per second, shall for a period of not less than six months have been diverted from the waters of said river or its tributaries, in the state of New York: Provided, that the said secretary, subject to the provisions of Section 5 of this act, under the limitations relating to time above set forth is hereby authorized to grant revocable permits, from time to time, to such individuals, companies or corporations, or their assigns, for the diversion of additional amounts of water from the said river or its tributaries to such amount, if any, as, in connection with the amount diverted on the Canadian side, shall not injure or interfere with the navigable capacity of said river, or its in tegrity and proper volume as a boundary stream, or the scenic grandeur of Niagara Falls; and that the quantity of electrical power which may by permits be allowed to be transmitted from the Dominion of Canada into the United States shall be 160,000 horsepower: Provided further, that the said secretary, subject to the provisions of Section 5 of this act, may issue revocable permits for the transmission of addiitonal electrical power so generated in Canada, but in no event shall the amount included In such permits, together with the said 160,000 horsepower and the amount generated and used in Canada, exceed 350,000 horsepower: Provided always, that the provisions herein permitting diversions and fixing the aggregate horsepower herein permitted to be transmitted into the United States, as aforesaid, are intended as a limitation on the authority of the Secretary of War, and shall in no wise be construed as a direction to said secretary to issue permits, and the Secretary of War shall make regulations preventing or limiting the diversion of water and the admission of electrical power as herein stated; and the permits for the transmission of electrical power issued by the Secretary of War may specify the persons, companies or corporations by whom the same shall be transmitted, and the persons, companies or corporations to whom the same shall be delivered. Any person, company or corporation diverting water from the said Niagara River or its tributaries, or transmitting electrical power into the United States from Canada, except as herein stated, or violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And, further, the removal of any structures or parts of structures erected in violation of this act, or any construction incidental to or used for such diversion of water or transmission of power as is herein prohibited, as well as any diversion of water or transmission of power in violation hereof, may be enforced or enjoined at the suit of the United States by any circuit court having jurisdiction in any district in which the same may be located, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. The President is respectfully requested to open negotiations with the government of Great Britain for the purpose of effectually providing, by suitable treaty with said government, for such regulation and control of the waters of Niagara River and its tributaries as will preserve the scenic grandeur of Niagara Falls and of the rapids in said river. The provisions of the act shall remain in force for three years from and after date of its passage, at the expiration of which time all permits granted hereunder by the Secretary of War shall terminate unless sooner revoked, and the Secretary of War is hereby authorized to revoke any or all permits granted by him by authority of this act, and nothing herein contained shall be held. to confirm, establish or confer any rights heretofore claimed or exercised in the diversion of water or the transmission of power. An act approved June 30, 1906, provided that under the immunity provisions in the act entitled "An act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February 11, 1893, in Section 6 Immunity of the act entitled "An act to establish the Department of Commerce of Witnesses. and Labor,' approved February 14, 1903, and in the act entitled "An act to further regulate commerce with foreign nations and among the states," approved February 19, 1903, and in the act entitled "An act making appropriations for the legislative, executive and judicial expenses of the government for the fiscal year ending June 30, 1904, and for other purposes," approved February 25, 1903, immunity shall extend only to a natural person who, in obedience to a suopoena, gives testimony under oath or produces evidence, documentary or other wise, under oath. President's An act approved June 23, 1996, provided that hereafter there may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding $25,000 per annum, such sum when appropriated to be expended in the discretion of the President and accounted for on his certificate solely. Travelling Expenses. An act approved June 29, 1906, provided that no railroad, express company, car company, common carrier other than by water, or the receiver, trustee or lessee of any of them, whose road forms any part of a line of road over which Animals cattle, sheep, swine or other animals shall be conveyed from one state in Transit. or territory or the District of Columbia into or through another state or territory or the District of Columbia, or the owners or masters of steam, sailing or other vessels carrying or transporting cattle, sheep, swine or other animals from one state or territory or the District of Columbia into or through another state. or territory or the District of Columbia, shall confine the same in cars, boats or vessels of any description for a period longer than twenty-eight consecutive hours without unloading the same in a humane manner into properly equipped pens for rest, water and feeding, for a period of at least five consecutive hours, unless prevented by storm or by other accidental or unavoidable causes which cannot be anticipated or avoided by the exercise, of due diligence and foresight: Provided, That upon the written request of the owner or person in custody of that particular shipment, which written request shall be separate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six hours. In estimating such confinement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this act to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies hereinbefore stated: Provided, That it shall not be required that sheep be unloaded in the night time, but where the time expires in the night time in case of sheep the same may continue in transit to a suitable place. for unloading, subject to the aforesaid limitations of thirty-six hours. Animals so unloaded shall be properly fed and watered during such, rest either by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, or by the owners or masters of boats or vessels transporting the same. at the reasonable expense of the owner or person in custody thereof, and such railroad, express company, car company, common carrier other than by water, receiver, trustee or lessee of any of them, owners or masters, shall in such case have a lien upon such animals for food, care and custody furnished, collectible at their destination in the same manner as the transportation charges are collected, and shall not be liable for any detention of such animals, when such detention is of reasonable duration, to enable compliance with Section 1 of this act; but nothing in this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor if he so desires. Any railroad, express company, car company, common carrier other than by water. or the receiver, trustee or lessee of any of them, or the master or owner of any steam, sailing or other vessel who knowingly and wilfully fails to comply with the provisions of the two preceding sections shall for every such failure be liable for and pay a penalty of not less than $100 nor more than $500: Provided, That when animals are carried in cars, boats or other vessels in which they can and do have proper food, water, space and opportunity to rest, the provisions in regard to their being unloaded shall not apply. The penalty created by the preceding section shall be recovered by civil action in the name of the United States in the circuit or district court holden within the district where the violation may have been committed or the person or corporation regides or carries on business; and it shall be the duty of United States attorneys to prosecute all violations of this act reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means. Enlarged National An act approved June 19, 1906, provided that the Secretary of the Treasury shall have the control, direction and management of all quarantine stations, grounds and anchorages established by authority of the United States, and as soon as practicable after the approval of this act shall select and designate such suitable places for them and establish the same at such points on or near the coast line of the United States or the border of the United States and a foreign country, as in his judgment are best suited for the same and necessary to prevent the introduction of yellow fever into the United States. and, in his discretion, he may also establish at the group of islands. known as the Dry Tortugas, at the western end of the Florida reef, and at such other point or points on or near the coast line of the United States (not to exceed four in the aggregate) as he deems necessary, quarantine grounds, stations and anchorages. whereat or whereto infected vessels bound for any port in the United States may be detained or sent for the purpose of being disinfected, having their cargoes disinfected and discharged, if necessary, and their sick treated in hospitals until all danger of infection or contagion from such vessels, their cargoes, passengers or crews has been removed. He On acquiring possession of any land and water in accordance with the provisions of the act for the purpose of establishing thereat a quarantine station and anchorage, the Secretary of the Treasury shall cause to be ublished in such newspapers as he may think proper, once a week for four successive weeks, a notice of the selection and designation of such places for quarantine stations and anchorages, with a description of the boundaries of such quarantine stations and anchorages, and such rules and regulations as he shall adopt and promulgate, requiring vessels with yellow fever among their passengers or crews to go to specified, quarantine stations and anchorages, to be dealt with there before visiting any port of the United States. shall establish at such quarantine stations and anchorages all necessary instrumentalities for disinfecting vessels and their cargoes, and where the same shall be required shall erect the necessary hospital buildings and install the necessary furniture and fittings for receiving and treating the sick among the passengers and crews of vessels going to such quarantine stations and anchorages, and provide for the separation of those among the passengers and crews who are suffering from yellow fever from those who are in good health, and shall further provide for doing all things necessary to eradicate such disease from such vessels, their cargoes, passengers and crews. Any vessel, or any officer of any vessel, or other person other than state health or quarantine officers, entering within the limits of any quarantine grounds and anchorages, or any quarantine station and anchorage, or departing therefrom, in disregard of the quarantine rules and regulations or without the permission of the officer in charge of such quarantine ground and anchorage, or of such quarantine station and anchorage, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $300 or by imprisonment for not more than one year, or both, in the discretion of the court. That any master or owner of any vessel violating any provision of this act, or any provisión of an act entitled "An act granting additional powers and imposing additional duties on the Marine Hospital Service," approved February 15, 1893, or violating any rule or regulation made in accordance with this act or said act of February 15, 1893, relating to the inspection of vessels, or to the prevention of the introduction of contagious or infectious diseases into the United States, or any master, owner or agent of any vessel making a false statement relative to the sanitary condition of such, vessel or its contents, or as to the health of any passenger or person thereon shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $500 or imprisonment for not more than one year, or both, in the discretion of the court. In any place where a quarantine station and plant is already established by state or local authorities, it shall be the duty of the Secretary of the Treasury, before selecting and designating a quarantine station and grounds and anchorage for vessels. to examine such established stations and plants, with a view of obtaining a transfer of the site and plants to the United States, and whenever the proper authorities shall be ready to transfer the same or surrender the use thereof to the United States, the chase or use will be necessary to the United States fo rquarantine purposes, and the thereof, and to pay a reasonable compensation therefor, if, in his opinion, such purchase or use will be necessary to the United States for quarantine purposes and the quarantine stations established shall, when so established, be used to prevent the introduction of all quarantinable diseases. The sum of $500,000, or so much thereof as may be necessary, is appropriated out of any money in the Treasury not otherwise appropriated for the purpose of carrying into effect the provisions of this act, as well as for the purpose generally of preventing the importation of yellow fever and other quarantinable diseases into the United States, and for the further purposes, in co-operation with state or municipal health authorities, of eradicating them should they be imported, of preventing their spread from one state into another state, and of destroying their causes. Statehood for and Arizona. An act approved June 16, 1906, provided, in Sections 1-22, that the inhabitants of all that part of the area of the United States now constituting the Territory of Okla homa and the Indian Territory, as at present described, may adopt a; constitution and become the State of Oklahoma, as hereinafter pro-1 vided: Provided, That nothing contained in the said constitution shall be construed to limit or impair the rights of person or property pertaining to the Indians of said territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the government of the United States to make any law or regulation respecting such Indians, their lands, property or other rights by treaties, agreement, law or otherwise, which it would have been competent to make if this act had never been passed. All male persons over the age of twenty-one years, who are citizens of the United States, or who are members of any Indian nation or tribe in said Indian Territory and Oklahoma; and who have resided within the limits of said proposed staté for at least six months next preceding the election, are hereby authorized to vote for and choose delegates to form a constitutional convention for said proposed state; and all persons qualified to vote for said delegates shall be eligible to serve as delegates; and the delegates to form such convention shall be 112 in number, fiftyive whom shall be elected by the people of the Territory of Oklahoma and fiftyfive by the people of the Indian Territory, and two shall be elected by the electors residing in the Osage Indian Reservation in the Territory of Oklahoma; and the Governor, the Chief Justice and the Secretary of the Territory of Oklahoma shall apportion the Territory of Oklahoma into fifty-six districts, as nearly equal in population as may be, except that such apportionment shall include as one district the Osage Indian Reservation, and the Governor, the Chief Justice and the Secretary! of the Territory of Oklahoma shall appoint an election commissioner who shall establish voting precincts in said Osage Indian Reservation, and shall appoint the judges for election in said Osage Indian Reservation; and two delegates shall be elected from said Osage district; and the Commissioner to the Five Civilized Tribes, and two judges of the United States courts for the Indian Territory, to be designated by the President, shall constitute a board, which shall apportion the said Indian Territory into fifty-five districts, as nearly equal in population as may be, and one delegate shall be elected from each of said districts; and the Governor of said Oklahoma Territory, together with the judge senior in service of the United States courts in Indian Territory, shall, by proclamation in which such apportionment shall be fully specified and announced, order an election of the delegates aforesaid in said proposed state at a time designated by them within six months after the approval of this act, which proclamation shall be issued at least sixty days prior to the time of holding said election of delegates. The election for delegates in the Territory of Oklahoma and in said Indian Territory shall be conducted, the returns made, the result ascertained and the certificates of all persons elected to such convention issued in the same manner as is prescribed by the laws of the Territory of Oklahoma regulâting elections for Delegates to Congress. That the election laws of the Territory of Oklahoma now in force, as far as applicable, and not in conflict with this act, including the penal laws of said Territory of Oklahoma relating to elections and illegal voting, are hereby extended to and put in force in said Indian Territory until the Legislature of said proposed state shall otherwise provide, and until all persons offending against said laws in the election aforesaid shall have been dealt with in the manner therein provided. The capital of said state shall temporarily be at the city of Guthrie, in the present Territory of Oklahoma, and shall not be changed therefrom previous to Anno Domini 1913, but said capital shall, after said year, be located by the electors of said state at an election to be provided for by the Legislature. The delegates to the convention thus elected shall meet at the seat of government of said Oklahoma Territory on the second Tuesday after their election, excluding the day of election in case such day shall be Tuesday, but they shall not receive compensation for more than sixty days of service, and, after organization, shall declare, on behalf of the people of said proposed state, that they adopt the Constitution of the United States; whereupon the said convention shall, and is hereby authorized to, form a constitution and state government for said proposed state, The constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence, And said convention shall provide in said constitution First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship, and that polygamous or plural marriages are forever prohibited. Second. That the manufacture, sale, barter, giving away or otherwise furnishing. except as hereinafter provided, of intoxicating liquors within those parts of said state now known as the Indian Territory and the Osage Indian Reservation and within any other parts of said state which existed as Indian reservations on the first day of January, 1906, is prohibited for a period of twenty-one years from the date of the admission of said state into the Union, and thereafter until the people of said state shall otherwise provide by amendment of said constitution and proper state legisla |