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incidental expenses. The governor and secretary of each territory above specified shall, in the disbursement of all moneys entrusted to them, be governed solely by the instructions of the secretary of the treasury, and shall, semi-annually, account to such secretary for the manner in which such sums of money have been expended.
SEC. 1941. No payment of salary shall be made to the governor, secretary, chief justice, and associate justices of Washington, Idaho, and Montana territories, until such officers have entered upon the duties of their respective appointments.
SEC. 1943. The members of the legislative assembly of Idaho. and Montana territories shall each receive four dollars for every twenty miles travel in going to and returning from the sessions of their respective bodies, estimated accordingly to the nearest usually traveled route.
SEC. 1945. The seat of government, when once fixed by the governor and legislative assembly of Idaho and Montana, respectively, shall not be at any time changed, except by an act of such assembly for each territory, respectively, duly passed and approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question.
SEC. 1946. Sections numbered sixteen and thirty-six, in each township of the territories of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming shall be reserved for the purpose of being applied to schools in the several territories herein named, and in the states and territories hereafter to be erected out of the same. SEC. 1951.
All officers to be appointed by the president by and with the advice and consent of the senate, for the territories of Washington, Idaho, and Montana, who, by virtue of the provisions of any law now existing, or which may be enacted by congress, are required to give security for moneys that may be entrusted to them for disbursement, shall give such security at such time and in such manner as the secretary of the treasury may prescribe.
Session Laws of Congress
Relating to Government in Montana.
ENACTED SUBSEQUENT TO THE REVISION.
FORTY-THIRI) CONGRESS. SESSION I. CHAPTER 80.-An act concerning the practice in
terrritorial courts, and appeals therefrom. WHEREAS, by the organic acts establishing several of the territories of the United States, it is provided that certain courts thereof shall have common law and chancery jurisdiction, and doubts having been entertained whether said jurisdictions must be exercised separately, or whether they may be exercised together in the same proceeding, and whether the codes and rules of practice adopted in said territories which have authorized a mingling of said jurisdictions in the same proceeding, or a uniform course of proceeding in cases, legal and equitable, are repugnant to the said organic acts respectively; therefore,
Be it, enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be necessary in any of the courts of the several territories of the United States to exercise separately the common law and chancery jurisdictions vested in said courts; and that the several codes and rules of practice adopted in the said territories respectively, in so far as they authorize a mingling of said jurisdictions, or a uniform course of proceedings, whether legal or equitable, be confirmed; and that all proceeding heretofore had or taken in said courts, in conformity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding, be, and and the same are hereby validated and confirmed; Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common law.
SEC. 2. That the appellate jurisdiction of the supreme court of the United States, over the judgments and decrees of said territorial courts in cases of trial by jury, shall be excercised by writ of error, and in all other cases by appeal, according to such rules and regulations as to form, and modes of proceedings as the said supreme court has prescribed, or may hereafter prescribe: Provided, That on appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the supreme court, together with the transcript of the proceedings and judgment or decree; but no appelate proceedings in said supreme court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal: And provided further, That the appellate may make any order in any case heretofore appealed, which may be necessary to save the rights of the parties; and that this act shall not apply to cases now pending in the supreme court of the United States where the record has already been filed.
Approved, April 7, 1874. IBID. CHAP. 332.-An act to amend the act entitled “An act transferring the control of cer
tain territorial penitentiaries to the several territories in which the same are located,” approved January twenty-fourth, eighteen hundred and seventy-three. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled “An act transferring the control of certain territorial penitentiaries to the several territories in which the same are located,” approved January twenty-fourth, eighteen hundred and seventythree, be, and the same is hereby amended by striking out the words Montana, Idaho, and Wyoming, wherever the same occur in said act, and the said act shall hereafter have no applicability to the territories of Montana, Idaho and Wyoming. SEC. 2.
That the penitentaries in the territories of Montana, Idaho, and Wyoming shall continue under the care and control of the marshal of the United States for said territories, under and pursuant to the provisions of the act entitled “An act in relation to certain territorial penitentiaries,” approved January tenth, eighteen hundred and seventy-one; which said last mentioned act is hereby revived and re-enacted so far as the same applies to the territories of Montana, Idaho, and Wyoming.
Approved June 20, 1874. FORTY-THIRD CONGRESS. SESSION II. CHAPTER 114. An act to protect all citizens in
their civil and legal rights. WHEREAS, it is essential to just government that 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 by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons within the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land and 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.
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 accomodadations, advantages, facilities or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offence, 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 offence, 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 or to proceed under their rights at common law and by state statutes; 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: And provided further, That a judgment for the penalty in favor of the party aggrieved or a judgment upon an indictment, shall be a bar to either prosecution, respectively.
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 the crimes and offences against, and violations of provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the 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 United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him
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 offence, 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 whether by reason of this act or otherwise; and any district attorney who shall wilfully fail to institute and prosecute the proceedings herein required shall, for every such offence, 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 party aggrieved against any such district attorney, or a judgment on an indictment against any such district attorney, shall be a bar to either prosecution respectively.
That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand 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.
SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable in the supreme court of the United States without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.
Approved March 1, 1875.
And hereafter payment of salaries of all officers of the territories of the United States appointed by the president, shall commence only when the person appointed shall take the proper oath, and shall enter upon the duties of such office in such territory; and said oath shall hereafter be administered in the territory where such office is held.
IBID. CHAP. 287. EXTRACT. Territory of Montana: Provided, That the next legislative assembly shall convene at the seat of government of the territory on the second Monday of January, eighteen hundred and seventy-seven, and biennially thereafter.