courts and of

peace.

ers.

Chancery pow

register.

Writs of error,

appeals.

Jurisdiction of in the districts which shall be assigned them. The jurisjustices of the diction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction and authority for redress of all wrongs committed against the Constitution or laws of the United States or of the Territory affecting persons or property. Each district court, Clerks and or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office exceptions, and where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerks, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeal from the final decision of said supreme court shall be allowed and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and the said supreme and district courts of said Territory, and the respective judges thereof, shall and may Habeas corpus. grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the Precedence of District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory, the same as in other cases. The Fees of clerk. said clerk shall receive in all such cases the same fees which the clerks of the district courts of Dakota Territory now receive for similar services.

trials of certain cases.

At orney, term of office, fees, and salary.

SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President with the consent of the Senate, and who shall receive the same fees and salary as is now received by the attorney of the United States for the Territory of

Dacotah [Dakota]. There shall also be a marshal for the Marshal, &c. Territory appointed, who shall hold his office for four years, unless sooner removed by the President with the consent of the Senate, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Dakota, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

offi

SEC. 11. And be it further enacted, That the governor, Appointment of secretary, chief justice and associate justices, attorney, and cers. marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively, take an oath or affirmation before the district judge, Oath of office. or some justice of the peace in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice, or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths when so taken shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among the executive proceedings, and the chief justice, and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary to be recorded by him as aforesaid, and afterwards the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The governor shall Salary of govreceive an annual salary of two thousand dollars as gov- tices. ernor, and one thousand dollars as superintendent of Indian affairs; the chief justice and the associate justices shall each receive an annual salary of twenty-five hundred dollars, and the secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be payable quarter-yearly at the treasury of the United States. The members of the legislative assembly shall be entitled Pay and travel to receive four dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles' travel in going to and returning from the said sessions, estimating the distance by the nearest travelled route. There shall be appropriated annually the sum, Appropriation of one thousand dollars, to be expended by the governor, expenses; to defray the contingent expenses of the Territory. There

ernor and of jus

of members of assembly.

for contingent

for expenses of

shall also be appropriated annually a sufficient sum, to be expended by the secretary, and upon an estimate to be made by the Secretary of the Treasury of the United legislative as. States, to defray the expenses of the legislative assembly, sembly, print- the printing of the laws, and other incidental expenses; to be annually and the secretary of the Territory shall annually account accounted for. to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

ing, &c.;

Time and place of meeting of leg

bly.

SEC. 12. And be it further enacted, That the legislative islative assem-assembly of the Territory of Wyoming shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to Seat of govern- locate and establish the seat of government for said Terri

ment.

Delegate to Congress.

School lands.

Judicial districts and assign

tory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

SEC. 13. And be it further enacted, That a delegate to the the House of Representatives of the Unite 1 States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States in the said House of Representatives. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections the time, place, and manner of holding elections shall be prescribed by law. The person having the greatest number of votes of the qualified electors as herein before provided, shall be declared by the governor elected, and a certificate thereof shall be accordingly given.

SEC. 14. And be it further enacted, That sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to public schools in the State or States hereafter to be erected out of the same.

SEC. 15. And be it further enacted, That temporarily and ment of judges. until otherwise provided by law the governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for the said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts and assign the judges and alter the times and places of holding the courts as to them shall seem proper and convenient.

Constitution and laws of the

SEC. 16. And be it further enacted, That the Constitution United States to and all laws of the United States which are not locally in

be in force, &c.

applicable, shall have the same force and effect within the said Territory of Wyoming as elsewhere within the United States.

effect.

to continue in

SEC. 17. And be it further enacted, That this act shall When act takes take effect from and after the time when the executive and judicial officers herein provided for shall have been duly appointed and qualified: Provided, That all general territorial laws of the Territory of Dakota in force in any Laws of Dakota portion of said Territory of Wyoming at the time this act force until, &c. shall take effect shall be and continue in force throughout the said Territory until repealed by the legislative authority of said Territory, except such laws as relate to the possession or occupation of mines or mining claims. APPROVED, July 25, 1868.

DISTRICT OF COLUMBIA.

Act of February 21, 1871; 16 Stats., 419.

Feb. 21, 1871.

Vol. xvii, p. 16.

lumbia consti

porate for mu

CHAP. LXII.-An Act to provide a Government for the District of Columbia.

Be it enacted by the Senate and House of Representatives District of Co- of the United States of America in Congress assembled, That tuted a body cor- all that part of the territory of the United States included nicipal purposes. within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this act.

Powers, &c.

Governor, appointment, and

SEC. 2. And be it further enacted, That the executive term of office; power and authority in and over said District of Columbia shall be vested in a governor, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall hold his office for four years, and Qualifications; until his successor shall be appointed and qualified. The

duties.

governor shall be a citizen of and shall have resided within Powers and said District twelve months before his appointment, and have the qualifications of an elector. He may grant pardons and respites for offenses against the laws of said District enacted by the legislative assembly thereof; he shall commission all officers who shall be elected or appointed to office under the laws of the said District enacted as aforesaid, and shall take care that the laws be faithfully executed.

Veto power.

SEC. 3. And be it further enacted, That every bill which shall have passed the council and house of delegates shall, before it becomes a law, be presented to the governor of the District of Columbia; if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter Veto power of the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of all the members appointed or elected to the house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of all the

governor.