Annual report of receipts, disbursements, etc. Moneys nonassignable, subject to attachment, etc. for Appropriation salaries, and all other expenses hereunder. necessary to the proper adjustment of any claim hereunder, and shall prepare and keep all needful tables and records required for carrying out the provisions of this Act, including data showing the mortality experience of the employees in the service and the percentage of withdrawal from such service, and any other information that may serve as a guide for future valuations and adjustments of the plan for the retirement of employees under this Act. The Commissioner of Pensions shall make a detailed comparative report annually showing all receipts and disbursements on account of refunds, allowances, and annuities, together with the total number of persons receiving annuities and the amounts paid them. SEC. 14. That none of the moneys mentioned in this Act shall be assignable, either in law or equity, or be subject to execution, levy, or attachment, garnishment, or other legal process. SEC. 15. That there is hereby authorized to be appropriated, from any moneys in the Treasury not otherwise appropriated, the sum of Post, pp. 910, 1030. $100,000 for salaries and for clerical and other services, the purchase of books, office equipment, stationery, and other supplies, and all other expenses necessary in carrying out the provisions of this Act, including traveling expenses and expenses of medical and other examinations as provided in section 5 hereof. Ante, p. 616. Estimates to be submitted annually. Board of Actuaries. Duties. Report of recommendations to Congress. The Secretary of the Interior shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary to continue this Act in full force and effect. SEC. 16. That the Commissioner of Pensions, with the approval missioner of Pensions of the Secretary of the Interior, is hereby authorized and directed to select three actuaries, one of whom shall be the Government actuary, to be known as the Board of Actuaries, whose duty it shall be to annually report upon the actual operations of this Act, with authority to recommend to the Commissioner of Pensions such changes as in its judgment may be deemed necessary to protect the public interest and maintain the system upon a sound financial basis. It shall be the duty of the Commissioner of Pensions to submit with his annual report to Congress the recommendations of the Board of Actuaries. ment fund by Board. It shall be the duty of the Board of Actuaries to make a valuation of the "civil-service retirement and disability fund" at the end of the first year following the passage of this Act and at intervals of every five years thereafter, or oftener, if deemed necessary by the Commissioner of Pensions. The compensation of the members of the Board of Actuaries, exclusive of the Government actuary, shall be fixed by the Commissioner of Pensions with the approval of the Secretary of the Interior. Valuation of retire Compensation. Inconsistent laws repealed. SEC. 17. That all laws and parts of laws inconsistent with this Act are hereby repealed. Approved, May 22, 1920. May 25, 1920. [H. R. 9781.] [Public, No. 216.] Criminal Code. CHAP. 196.—An Act To amend section 217 of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909. Be it enacted by the Senate and House of Representatives of the United Vol. 35, p. 1131, States of America in Congress assembled, That section 217 of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909 (Thirty-fifth Statutes at Large, page 1131), is hereby amended to read as follows: amended. Postal offenses. disease germs, nonmailable. etc., "SEC. 217. That all kinds of poison, and all articles and compoPoisons, explosives, sitions containing poison, and all poisonous animals, insects, and reptiles, and explosives of all kinds, and inflammable materials, and infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs licensed physicians, Proviso. Punishment for un or scabs, and all other natural or artificial articles, compositions, or materials, of whatever kind, which may kill or in anywise hurt, harm, or injure another or damage, deface, or otherwise injure the mails or other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter, and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any letter carrier; but the Postmaster General may permit Transmission to the transmission in the mails, from the manufacturer thereof or etc., permitted. dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, and veterinarians, under such rules and regulations as he shall prescribe, of any articles herein before described which are not outwardly or of their own force dangerous or injurious to life, health, or property: Provided, That all spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are hereby declared nonmailable. to be nonmailable, and shall not be deposited in or carried through the mails. Whoever shall knowingly deposit or cause to be deposited authorized mailing. for mailing or delivery, or shall knowingly cause to be delivered by mail, according to the direction thereon or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, unless in accordance with the rules and regulations hereby authorized to be prescribed by the Postmaster General, shall be fined not more than $1,000 or imprisoned not more than two years, or both; and whoever mailing articles with shall knowingly deposit or cause to be deposited for mailing or injurious intent. delivery, or shall knowingly cause to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, whether transmitted in accordance with the rules and regulations authorized to be prescribed by the Postmaster General or not, with the design, intent, ór purpose to kill or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both." Approved, May 25, 1920. Punish ment for CHAP. 197.-An Act Authorizing certain railroad companies, or their successors in interest, to convey for public-road purposes certain parts of their rights of way. May 25, 1920. [H. R. 9825.] [Public, No. 217.] Public lands. portion Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all railroad companies Railroad companies to which grants for rights of way through the public lands have been of rights of way on, made by Congress, or their successors in interest or assigns, are for highways, etc. hereby authorized to convey to any State, county, or municipality any portion of such right of way to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of such railroad company to a less width than fifty feet on each side of the center of the main track of the railroad as now established and maintained. Approved, May 25, 1920. Proviso. CHAP. 198.-An Act To authorize the purchase by the city of Myrtle Point, Oregon, of certain lands formerly embraced in the grant to the Oregon and California Railroad Company and revested in the United States by the Act approved June 9, 1916. May 25, 1920. [H. R. 10285.] [Public, No. 218.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall be, and is hereby, authorized to issue a patent to the revested Oregon-Calicity of Myrtle Point, Oregon, for the following described lands, being Myrtle Point, Oreg. Granted land in fornia Railroad grant Vol. 39, p. 218. a part of the lands revested in the United States by the Act of Congress enacted June 9, 1916 (Thirty-ninth Statutes, page 218), to wit: The south half of the southeast quarter of section eleven, and the northwest quarter of the northwest quarter of section thirteen, all in township twenty-nine south, range twelve west, of the Willamette Payment required. meridian, in the State of Oregon; on condition that the said city first shall pay to the United States, when said lands are subject to disposition under said Act of revestment, the sum of $2.50 per acre for all of said lands and the appraised price of the timber on all such lands Mineral deposits re- as may be classified as timberlands: Provided, That there shall be reserved to the United States all oil, coal, and other mineral deposits that may be found in the lands so granted and all necessary use of the lands for extracting the same. Proviso. served. Regulations to be prescribed. SEC. 2. That the Secretary of the Interior shall prescribe all necessary regulations to carry into effect the foregoing provisions of this act. Approved, May 25, 1920. May 25, 1920. [H. R. 13157.] [Public, No. 219.] Public Lands. Grant to Johnson poor house purpose. Description. CHAP. 199.-An Act Authorizing the issuance of patent to Johnson County, Wyoming, of lands for poor-farm purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the County, Wyo., for Interior be, and he is hereby, authorized and directed to issue to Johnson County, Wyoming, upon said county paying to the United States the sum of $1.25 per acre, patent conveying the following lands contiguous to the county poor farm, containing one thousand nine hundred and four acres, more or less, to wit: Southeast quarter southeast quarter section two; south half southwest quarter, southwest quarter southeast quarter, and lot four, section one; east half northeast quarter, section eleven; northwest quarter, west half northeast quarter, west half southeast quarter, and lots one, two, three, and four, section twelve; lot three, section thirteen, all in township fifty north, range eighty-three west; south half southwest quarter section six; northeast quarter northwest quarter, south half northwest quarter, southwest quarter northeast quarter, southwest quarter, northwest quarter southeast quarter, south half southeast quarter, section seven; north half northwest quarter, north half northeast quarter, and lots seven, eight, nine, and ten, section eighteen; southwest quarter southwest quarter, south half southeast quarter, section eight; southwest quarter southwest quarter section nine; north half northeast quarter and lots five, six, and eight, section seventeen, all in township fifty north, range eighty-two west, sixth principal meridian, containing one thousand nine hundred and four acres, more or less. Approved, May 25, 1920. CHAP. 200.-An Act To authorize the Secretary of the Interior to dispose of at public sale certain isolated and fractional tracts of lands formerly embraced in the grant to the Oregon and California Railroad Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section 2455, Revised Statutes, be, and the same are hereby, extended to class three of the lands formerly embraced by what are known as the Oregon and California railroad grants, title to which was revested in the United States under the provisions of the Act approved June 9, Proviso. 1916 (Thirty-ninth Statutes at Large, page 218): Provided, That no sales hereunder shall be made for less than $2.50 per acre, and the tions. appraised value of the timber on the land, nor until such lands shall have been subject to homestead entry for a period of two years: Provided further, That the proceeds of such sales shall be applied in the Disposition of promanner prescribed in said Act of June 9, 1916 (Thirty-ninth Statutes at Large, page 218). Approved, May 25, 1920. ceeds. Vol. 39, p. 222. CHAP. 201.—An Act Authorizing the Secretary of War to turn over to the Postmaster General without charge therefor a certain building, or buildings, now located at Watertown, New York. May 25, 1920. [H. R. 13576.] [Public, No. 221.] Watertown, N. Y. Army buildings at, Postmaster General. Use described. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized in his discretion to turn over to the Postmaster to be turned over to General without charge therefor such buildings or parts thereof as may be desired by the Postmaster General and now located at Watertown, New York; and the Postmaster General is hereby authorized to cause said buildings or parts thereof to be removed to Washington, District of Columbia, and reassembled or reconstructed for the use of the Post Office Department on the tract of land adjoining the mailequipment shops and which it proposes to purchase. Approved, May 25, 1920. CHAP. 202.-Joint Resolution Authorizing the Secretary of War to loan to Paul E. Slocumb Post, Numbered Eighty-five, Grand Army of the Republic, Bloomington, Indiana, necessary tents and cots for use at the State encampment to be held at said city May 25, 26, and 27, 1920. May 25, 1920. [H. J. Res. 354.] [Pub. Res., No. 43.] Grand Army State Provisos. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War encampment. Loan of tents to be, and he is hereby, authorized to loan, in his discretion, to the Paul E. Slocumb Post, Paul E. Slocumb Post, Numbered Eighty-five, Grand Army of the Bloomington, Ind., for. Republic, Bloomington, in the State encampment to be held at Bloomington, Indiana, May 25, 26, and 27, 1920, the necessary tents and cots as may be agreed upon by said post and the War Department: Provided, That no expense shall be caused the United States Government by the delivery and return of said property, the ized. same to be delivered to the commander of said Paul E. Slocumb Post at such time as may be agreed upon by the Secretary of War and the commander of said post: Provided further, That the Secretary of War, before delivering said equipment, shall take from the commander of said post a good and sufficient security for the safe return of said property in good order and condition, and the whole to be without expense to the United States Government. Approved, May 25, 1920. Bond for safe return. CHAP. 203.-An Act Authorizing certain tribes of Indians to submit claims to the Court of Claims, and for other purposes. May 26, 1920. [H. R. 5163.] [Public, No. 222.] Klamath, etc., In All claims of, referred to Court of Claims. Be it enacted by the Senate and House of Representatives of the United not heretofore been determined by the Court of Claims, may be submitted to the Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, for determination of the amount, if any, due said Indians from the United States under any treaties, agreements, or laws of Congress, or for the misappropriation of any of the funds of said Indians, or for the failure of the United Jurisdiction and ap- States to pay said Indians any money or other property due; and jurisdiction is hereby conferred upon the Court of Claims, with the right of either party to appeal to the Supreme Court of the United States, to hear and determine all legal and equitable claims, if any, of said Indians, against the United States, and to enter judgment thereon. peal. Statutes of limitation not a bar. Offsets, etc. Procedure, etc. SEC. 2. That if any claim or claims be submitted to said courts they shall settle the rights therein, both legal and equitable, of each and all the parties thereto notwithstanding lapse of time or statutes of limitation, and any payment which may have been made upon any claim so submitted shall not be pleaded as an estoppel, but may be pleaded as an offset in such suits or actions, and the United States shall be allowed credit for all sums, including gratuities, heretofore paid or expended for the benefit of said Indians or any band thereof. The claim or claims of the Indians, or band or bands thereof, may be presented separately or jointly by petition, subject, however, to amendment; suit to be filed within five years after the passage of this Act, and such action shall make the petitioner or petitioners party plaintiff or plaintiffs and the United States party defendant; and any band or bands of said Indians, or any other tribe or band of Indians the court may deem necessary to a final determination of such suit or suits, may be joined therein as the court may order. Such petition, which shall be verified by the attorney or attorneys employed by said Indians, or any bands thereof, shall set forth all the facts on which the claims for recovery are based, and said petition shall be signed by the attorney or attorneys employed, and no other verificaEvidence admitted. tion shall be necessary. Official letters, papers, documents, and public records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said Indians or bands thereof to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys for said Indians or bands of Indians. Damages restricted. Effect of decree. Attorneys' fees. Payment restricted. SEC. 3. That if it be determined by the Court of Claims in the said suit herein authorized that the United States Government has wrongfully appropriated any lands belonging to the said Indians, damages therefor shall be confined to the value of the said land at the time of said appropriation, and the decree of the Court of Claims with reference thereto, when satisfied, shall annul and cancel all claim and title of the said Indians or any other tribe or band of Indians in and to said lands, as well as all damages for all wrongs and injuries, if any, committed by the Government of the United States with reference thereto. SEC. 4. That upon the final determination of such suit, cause, or action, the Court of Claims shall decree such fees as it shall find reasonable to be paid the attorney or attorneys employed therein by said Indians or bands of Indians, under contracts negotiated and approved as provided by existing law, and in no case shall the fee decreed by said Court of Claims be in excess of the amounts stipulated in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior, and no attorney shall have a right to represent the said Indians or any band thereof in any suit, cause, or action under the provisions of this Act until his contract shall have been approved as herein provided. The fees decreed by the court to the attorney or attorneys of record shall be paid out of any sum or sums recovered in such suits or actions, and no part of such fee shall |