CHAP

ASL-KF50.U58v.33-p616

[page]616 FIFTY-EIGHTH CONGRESS. SESS. III. CHS. 139,277. 1905.

January 27, 1905.

[S. 3728.]

[Public, No. 26.]

CHAP. 277.— An Act To provide for the construction and maintenance of roads,

the establishment and maintenance of schools, and the care and support of insane

persons in the district of Alaska, and for other purposes.

Alaska.

Liquor, trade, etc.,

license fees outside

incorporated towns to

constitute the "Alaska

fund."

Vol. 30, p. 1336.

Post. p. 1241.

Division and use of

fund.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That all moneys derived from

and collected for liquor licensee, occupation, or trade licenses outside

of the incorporated towns in the district of Alaska shall be deposited

in the Treasury Department of the United States, there to remain as a

separate and distinct fund, to be known as the "Alaska fund," and to

be wholly devoted to the purposes hereinafter stated in the district of

Alaska. One-fourth of said fund, or so much thereof as may be nec-

essary, shall be devoted to the establishment and maintenance of

Public schools in said district; five per centum of said fund shall be

evoted to the care and maintenance of insane persons in said district,

or so much of said five per centum as may be needed; and all the resi-

due of said fund shall be devoted to the construction and maintenance

of wagon roads, bridges, and trails in said district.

Construction of

wagon roads, etc.

Board of road com-

missioners to be ap-

pointed by Secretary

of War.

Powers of board.

Maps, etc.

Bids.

Supervision and ex-

amination of work.

Report.

Repairs.

sec. 2. That there shall be a board of road commissioners in said

district, to be composed of an engineer officer of the United States

Army to be detailed and appointed by the Secretary of War, and two

other officers of that part of the Army stationed in said district and to

be designated by the Secretary of War. The said engineer officer

shall, during the term of his said detail and appointment, abide in said

district. The said board shall have the power, and it shall be their

duty, upon their own motion or upon petition, to locate, lay out, con-

struct, and maintain wagon roads and pack trails from any point on

the navigable waters of said district to any town, mining or other

industrial camp or settlement, or between any such town, camps, or

settlements therein, if in their judgment such roads or trails are needed

and will be of permanent value for the development of the district;

but no such road or trail shall be constructed to any town, camp, or

settlement which is wholly transitory or of no substantial value or

importance for mining, trade, agricultural, or manufacturing purposes.

The said board shall prepare maps, plans, and specifications of every

road or trail they may locate and lay out, and whenever more than

five thousand dollars in the aggregate shall have to be expended on

the construction of any road or trail, contract for the work shall be

let by them to the lowest responsible bidder, upon sealed bids, after

due notice, under rules and regulations to be prescribed by the Secre-

tary of War. The board may reject any bid if they deem the same

unreasonably high or if they rind that there is a combination among bid-

ders. In case no responsible and reasonable bid can be secured, then

the work may be carried on with material and men procured and hired

by the board. The engineer officer of the board shall in all cases super-

vise the work of construction and see that the same is properly per-

formed. As soon as any road or trail laid out by the board has been

constructed and completed they shall examine the same and make a

full and detailed report of the work done on the same to the Secretary

of War, and in such report they shall state whether the road or trail

has been completed conformable to the maps, plans, and specifications

of the same. It shall be the duty of said board, as far as practicable,

[page break]

FIFTY-EIGHTH CONGRESS. SESS. III. CHS. 139,277. 1905. [page]617

Expenses.

Restriction.

to keep in proper repair all roads and trails constructed under their

supervision and the same rules as to the manner in which the work of

repair shall be done, whether by contract or otherwise, shall govern as

in the case of the original construction of the road or trail. The cost

and expenses of laving out, constructing, and repairing such roads and

trails shall be paid by the Secretary of the Treasury out of the road

and trail portion of said "Alaska fund" upon vouchers approved and

certified by said board. The Secretary of the Treasury shall, at the

end of each month, sent by mail to each of the members of said board

a statement of the amount available of said "Alaska fund" for the con-

struction and repair of roads and trails, and no greater liability for

construction or repair shall at any time be incurred by said board than

the money available therefore at the time in said fund. The members

said board shall, in addition to their salaries, be entitled to receive

their actual traveling expenses paid or incurred by them in the per-

formance of their duties as members of the board.

Governor make su-

perintendent of pub-

lic instruction.

Duties

SEC. 3. That the governor of the district of Alaska shall he ex officio

superintendent of public instruction in said district, and as such shall

have supervision and direction of the public schools in said district and

shall prescribe rules and regulations for the examination and qualifica-

tion of teachers, und shall make an annual report of the condition of

the schools in the district to the Secretary of the Interior.

School districts

within incorporates

towns to be estab-

lished by the com-

mon council.

School board.

Term of office.

Post, p. 1262.

Oath.

Vacancies.

Expenditure of

school fund.

Bond.

Teachers.

SEC. 4. That the common council of the incorporated towns in said

district shall have the power, and it shall be their duty, in their respec-

tive towns to establish school districts, to provide the same with suit-

able schoolhouses, and to maintain public schools therein and to provide

the necessary funds fur the schools; but such schools when established

shall be under the supervision and control of a school board of three

members consisting of a director, a treasurer, and a clerk, to be elected

annually by the vote of all adults who are citizens of the United Slates

or who have declared their intention to become such and who are resi-

dents of the school district. The members of said board first elected

shall hold their offices for the term of two, and three years, respec-

tively, and until their successors are elected and qualified, and one

member of such board shall be elected each year thereafter and shall

hold his office for a period of three years and until his successor is

elected and qualified; and they shall each, before entering upon the

duties of their office, take an oath in writing to honestly and faithfully

discharge the duties of their trust. In ease a vacancy in the member-

ship of said board occurs from death, resignation, removal, or other

cause, such vacancy may be filled by a special election, upon ten days’

notice, called by the remaining members of the board upon the petition

of five qualified voters. All money available for such purposes,

except for the construction and equipment of schoolhouses and the

acquisition of sites for the same, shall be expended under the direction

of said board, and the treasurer of said board shall be the custodian of

and money and he shall, before entering upon the duties of his office,

give his bond with sufficient sureties, to the school district, in such

sum as the common council may direct, and subject to its approval,

but not less than twice the amount that may come into his hands as

treasurer, conditioned that lie will honestly and faithfully disburse and

account for all money that may come into his hands as such treasurer.

The said board shall have the power to hire and employ the necessary

teachers to provide for heating and lighting the schoolhouse, and in

general to do and perform everything necessary for the due mainte-

nance of a proper school.

School districts out-

side of incorporated

towns.

Petitions for estab-

lishing

SEC. 5. That the clerk of the district court shall have the power, and

it shall be his duty, in the division to which he is appointed and in

which he resides, upon petition as hereinafter specified, to establish

order in writing a school district at any camp, village, or settlement

[page break]

[page]618 FIFTY-EIGHTH CONGRESS. SESS. III. CHS. 139,277. 1905.

Location, boundary,

etc., of districts.

Signatures to peti-

tion.

Order establishing

districts.

Election notice.

School board.

Election of.

Oath.

Vacancies.

Treasurer.

Bond.

Schoolhouses, etc.

Term of board.

Annual election.

Certificate of elec-

tion, oath, etc., to be

filed.

Report.

outside of the limits of any incorporated town, but such school district

shall not embrace more than forty square miles of territory nor con-

tain less than twenty resident white, children between the ages of six

and twenty years. The said petition shall specify as near as may be

the location and boundary of the proposed school district, tin- number

of people, the number of families, and the number of children between

the ages of six and twenty years, resident therein, and such other

material facts as tend to show the necessity for the establishment of

the school district. Said petition shall be signed by not less than twelve

persons of adult age who are citizens of the United States or have

declared their intention to become such and who reside within the

boundaries of the proposed school district. If the clerk of the court

is satisfied that it is necessary and proper to grant such petition, he

shall make an order in writing establishing the school district prayed

for, describing the same and defining its boundaries, and he shall also

in said order appoint three of the petitioners to supervise and give

notice of the first election, and shall specify the time and place of the

same. The original order shall remain on file in the records of the

court, and a copy of the same shall be posted at three public places in

the school district at least ten days before the election, and such

posting- shall be deemed a sufficient notice of such election. All per-

sons qualified to sign said petition shall be qualified to vote at said

election. The qualified voters of said school district shall at said election

choose by a plurality vote a school board of three members, consisting

of a clerk, a treasurer, and a director, who shall, before entering upon

the duties of their trust, each take an oath in writing to honorably

and faithfully discharge the duties of their office. In case a vacancy

in the membership of said board occurs from death, resignation,

removal, or other cause, such vacancy may be filled by a special elec-

tion, upon ten days' notice, called by the remaining members of the

board upon the petition of five qualified voters. The treasurer shall

be the custodian of the moneys of the school district, and he shall, before

entering upon the duties of his office, give his bond to the school dis-

trict, with sufficient sureties, to be approved by the clerk of the court,

and in such sum as he may direct, but not less than twice the amount

of money that may come into his hands as treasurer, conditioned that

he, the treasurer, will honestly and faithfully disburse and account

for all the money that may come into his hands by virtue of his office.

Said board shall have the power to build or rent the necessary school-

house or schoolroom, to equip the same with the necessary furniture

and fixtures, to provide fuel and light, to hire and employ teachers,

and in general to do and perform everything that may be necessary

for the maintenance of a public school. The members of said board

shall hold office for the term of one year and until their successors are

elected and qualified. An annual election shall be held each year,

after the first election, for the election of members of said board. As

soon as the members of said school board have been elected and quali-

fied, they shall send to the clerk of the court and file in his office a cer-

tificate of their election under the hand and seal of the judges or super-

visors of election, their oaths of office, and the bond of the treasurer,

and the clerk of the court shall file said papers and carefully keep them

as a part of the files and records of his office, and he shall at once send to

the governor of the district of Alaska a certified copy of said papers,

together with a certified copy of the order establishing the school dis-

trict, and the governor shall duly file and preserve the same. The said

board, as soon as they have complied with the requirements aforesaid,

shall immediately report in writing to the governor the number of chil-

dren in their school district between the ages of six and twenty years

tnat intend to attend a public school, and the wages per month for

which a teacher can be obtained; and after a school has been opened

[page break]

FIFTY-EIGHTH CONGRESS. SESS. III. CHS. 139,277. 1905. [page]619

Fund for construc-

tion, etc., of school-

houses.

Wages of teachers.

Fuel, etc.

Apportionment.

and maintained they shall, at the end of each school term, report to the

government in writing the length of the term, the wages paid the teacher,

the total number of pupils in attendance, and the daily average of such

attendance at such term. The governor shall assign and set apart to

each school district established and organized under the provisions of

thirt section a sum, not less than three hundred dollars nor more than

one thousand dollars, in proportion to the number of pupils in the

district, for the construction and equipment of a schoolhouse, which

sum shall be paid by the Secretary of the Treasury to the treasurer of

the school district upon the order and voucher of the governor out of

that portion of the said Alaska fund set apart for the establishment and

maintenance of public schools. The residue of said portion of said

fund, or so much thereof as may be necessary, shall by the governor

be apportioned among' the several school districts established under

the provisions of this section in amounts sufficient for each district to

pay the wages of a teacher, together with the expense of fuel and

light, for five months school in each year. And the amounts so appor-

tioned to each school district shall be paid to the treasurer of the dis-

trict by the Secretary of the Treasury upon the order and voucher of

the governor out of the said portion of said fund.

Reports of school

board clerks.

SEC. 6. That the clerks of school districts in the incorporated towns

shall, at the end of each school term, report to the governor in writing

the length of the term, the wages paid the teacher, the number of

pupils in attendance, and the average daily attendance during the term.

Education of white,

etc., children.

Schools for Eskimos

and Indians.

Post, p. 1188.

SEC. 7. That the schools specified and provided for in this Act shall

be devoted to the education of white children and children of mixed

blood who lead a civilized life. The education of the Eskimos and

Indians in the district of Alaska shall remain under the direction and

control of the Secretary of the Interior, and schools for and among

the Eskimos and Indians of Alaska shall be provided for by an annual

appropriation, and the Eskimo and Indian children of Alaska shall

have the same right to be admitted to any Indian boarding school as

the Indian children in the States or Territories of the United States.

Insane persons.

Commitment and

care of.

Procedure.

Trial by jury.

Attorney for defend-

ant.

Examination by

physician.

Witnesses.

SEC. 8. That commissioners appointed by the judges of the district

court in the district of Alaska, pursuant to existing laws, shall, as ex

officio probate judges and in the exercise of their probate jurisdiction,

have the power, and it shall be their duty, in their respective districts,

to commit, by warrant under their hands and seals, all persona

adjudged insane in their districts to the asylum or sanitarium pro-

vided for the care and keeping of the insane of the district of Alaska.

No person shall be adjudged insane or committed as such, except upon

and pursuant to the following proceedings, to wit: Whenever com-

plaint in writing is made by any adult person to a commissioner that

there is an insane person at large in the commissioner's district, the

commissioner shall at once cause such insane person to be taken into

custody and to be brought before him, and he shall then immediately

summon and impanel a jury of six male adults, residents of the dis-

rict, to inquire, try, and determine whether the person so complained

of is really insane. The members of said jury shall, before entering

upon the discharge of their duty, each take an oath to diligently

inquire, justly try, and a true verdict render, touching the mental

condition of the person charged with being insane. Before entering

upon such trial the commissioner shall appoint some suitable person to

appear for and represent in the proceeding the person complained^ of

as insane. And in case there is a physician or surgeon in the vicinity

who can be procured, the commissioner shall cause such surgeon or

physician to examine the person alleged to be insane, and after such

examination to testify under oath before the jury in respect to the men-

tal condition of said person. The commissioner shall preside at said

hearing and trial. All witnesses that may be offered shall be heard and

[page break]

[page]620 FIFTY-EIGHTH CONGRESS. SESS. III. CHS. 139,277. 1905.

Verdict.

Issue of warrant,

etc.

Compensation for

service of process, etc.

Audit of expense

account.

shall be permitted to testify under oath in said matter, and after having

heard all the evidence the said jury shall retire to agree upon a verdict,

and if the jury unanimously, by their verdict in writing, find that the

said person so charged with being insane as aforesaid is really and

truly insane and that he ought to be committed to the asylum or sani-

tarium aforesaid, and the commissioner approves such finding, he shall

enter a judgment adjudging the said person to be insane and adjudg-

ing that he be at once conveyed to and thereafter properly and safely

kept in the said asylum or sanitarium until duly discharged therefrom

by law. The commissioner shall thereupon, under his hand and seal,

issue his warrant, with a copy of said judgment attached, for the com-

mitment of said insane person to the asylum or sanitarium aforesaid,

which warrant shall be delivered to the marshal of the division in which

said proceeding's are had, and shall direct said marshal to safely keep

and deliver said insane person to said asylum or sanitarium, and the said

marshal, for the service of process in connection with and the guard-

ing and transportation of the insane, shall be compensated from the

same source and in the same manner as in the case of prisoners con-

victed of crime. The commissioner, the jurymen, and the witnesses

in said proceeding shall be entitled to the same compensation and mile-

age as in civil actions. And all the compensation, mileage, fees, and

all other expenses and outlays incident to said proceedings shall be

audited and allowed by the district judge of the division in which said

proceedings are pending and had, and when so audited and allowed

shall be paid by the clerk of the court in such division as the incidental

expenses of the court are by him paid and from the same fund.

Repeal.

SEC. 9. That all Acts and parts of Acts inconsistent with this Act

are, to the extent of such inconsistency, hereby repealed.

Approved, January 27, 1905.

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