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in Mon



Control of

does not exceed five hundred dollars, and such criminal Jurisdiction of probate cases arising under the laws of the Territory as do not 2 2 March, 1867. require the intervention of a grand jury; but they shall

not have jurisdiction of any matter in controversy when the title or right to the peaceable possession of land may be in dispute, or of chancery or divorce causes; and in all cases an appeal may be taken from any order, judgment, or decree of the probate courts to the district court.

SEC. 1935. There shall be appropriated, annually,

one thousand dollars, to be expended by the respective Contingent expenses of cer- governors, to defray the contingent expenses of New Mont. 26 May, Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Mon

tana, and Wyoming, including the salary of the clerk in the executive departments of those Territories.

SEC. 1936. The care and custody of the penitentiaries

in Montana, Idaho, Wyoming, and Colorado, and the penitentiaries in personal property thereunto belonging, and the use and

, Idaho &c., transferred occupation thereof, are transferred to such Territories,

respectively, until otherwise ordered by the Attorney 24 Jan., 1873.

General; but the legal title to such penitentiaries and the property shall continue to vest in the United States.

SEC. 1937. The Territories named in the preceding section shall keep and maintain, in the penitentiaries

transferred to their custody and control, all persons conExpenses of victed in such Territories of violations of the laws of maintenance of prisoners to be the United States, and sentenced to imprisonment paid from judiciary fund.

therefor, and all persons held to answer for alleged 20 June, 1874. violations of the laws of the United States in such Ter

ritories, at the rate and price, to be paid by the United States out of the judiciary fund, of one dollar per day for each person so imprisoned.

SEC. 1940. There shall be appropriated, respectively, for the Territories of Washington, Idaho, and Montana,

annually, a sufficient sum, to be expended by the secreLegislative expenses in Wash- tary of each Territory herein named upon an estimate ington,

to be made by the Secretary of the Treasury, to defray Mont. 26 May,

the expenses of the legislative assembly and other inci

to said Territories.


and Montana.




ries until officers



Mileage in Idaho and Mon


dental expenses. The governor and secretary of each Territory above specified shall, in the disbursement of all moneys intrusted 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 No payment the governor, secretary, chief justice, and associate certain Territojustices of Washington, Idaho, and Montana Territories enter on their 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 re- tana. turning from the sessions of their respective bodies, estimated according 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 changed in Idaexcept by an act of such assembly for each Territory, tana. 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, in certain TerriUtah, Colorado, Dakota, Arizona, Idaho, Montana, and torbid. 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 exist

Disbursing ofing, or which may be enacted by Congress, are required ficers in Wash to give security for moneys that may be intrusted to and Montana to

give security. them for disbursement, shall give such security at such

Seat of government; how

ho and Mon


School lands


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time and in such manner as the Secretary of the Treasury may prescribe.





Forty-THIRD CONGRESS. SESSION I. CHAPTER 80.-An act concerning the practice in territorial 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 all 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 juris

dictions vested in said courts; and that the several codes Common law and rules of practice adopted in said Territories respecand chancery jurisdiction of tively, in so far as they authorize a mingling of said

jurisdictions or a uniform course of proceeding in all cases, whether legal or equitable, be confirmed; and that all proceedings heretofore had or taken in said courts in conformity with said respective codes and rules of prac


isdiction of

how exercised.

on appeal.

tice, so far as relates to the form and mode of proceeding, be, and the same are hereby, validated and confirmed:

Trial by jury. 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 de- is Appellate jurcrees of said territorial courts in cases of trial by jury preme Court of shall be exercised by writ of error, and in all other cases by appeal according to such rules and regulations as to form and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe: Provided, That on appeal, instead of the evidence at Proceedings 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 appellate 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 certain territorial penitentiaries to the several Teritories 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

Penitentiaries Assembled, That the act entitled “An act transferring the in Montana,

Idaho, and Wycontrol of certain territorial penitentiaries to the several oming TerritorTerritories in which the same are located” approved


To continue under control of


January twenty-fourth, eighteen hundred and seventy-
three, 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 here-
after have no applicability to the Territories of Montana,
Idaho, and Wyoming
SEC. 2.

That the penitentiaries 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 United States 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 reenacted 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 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 jurisdiction of the

United States shall be entitled to the full and equal ment of inn enjoyment of the accommodations, advantages, facilities, ances, theatres, and privileges of inns, public conveyances on land or

water, theatres 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 rea



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