419 LAWS AND REGULATIONS RELATING TO THE HOT SPRINGS RESERVATION HOT SPRINGS, ARK. COMPILED IN THE OFFICE OF THE SECRETARY OF THE INTERIOR WASHINGTON GOVERNMENT PRINTING OFFICE 1908 Book HI l /u '7 LAWS AND REGULATIONS RELATING TO THE HOT SPRINGS RESERVATION HOT SPRINGS, ARK. COMPILED IN THE OFFICE OF THE SECRETARY OF THE INTERIOR WASHINGTON GOVERNMENT PRINTING OFFICE 1908 oc iI 1 jm o OOITEFTS. Laws: Pafe& Extract from act of April 20, 1832, reserving the hot springs in the Territory of Arkansas, together with four sections of land, for the future disposal of the United States 5 Act of June 11, 1870, in relation to the Hot Springs Reservation 5 Act of March 3, 1877, in relation to the Hot Springs Reservation 7 Act of December 16, 1878, to correct an error of enrollment in bill making appropriations for sundry civil expenses of the Government for the fiscal year 1879, and for other purposes 10 Act of June 16, 1880, for the establishment of titles in Hot Springs, and for other purposes 11 Extract from the army appropriation act of June 30, 1882, relative to the erection of an Army and Navy Hospital upon the Hot Springs Reserva- tion : 13 Joint resolution of March 3, 1887, authorizing the use of hot water off the Government reservation at Hot Springs 13 Act of July 8, 1882, authorizing sale of certain lots in city of Hot Springs, Ark., to the Women's Christian National Library Association 14 Act of October 19, 1888, granting right of way for construction ol' a railroad through the Hot Springs Reservation 14 Joint resolution of March 26, 1888, to enable the Secretary of the Interior to utilize waste hot water on the permanent reservation at Hot Springs, and for other purposes 15 Act of March 3, 1891, to regulate the granting of leases at Hot Springs, and for other purposes 16 Act of June 22, 1892, to include lot 53, block 89, at Hot Springs, in the pub- lic reservation 18 Act of July 14, 1892, to grant lot 1, block 72, to school district of city of Hot Springs 19 Extract from the sundry civil act of August 5, 1892. making appropriation for the Hot Springs Reservation 19 Act of December 21, 1893, granting right of way for construction of a rail- road and other improvements on West Mountain 19 Act of June 21, 1894, granting the use of certain lands on Hot Springs Reser- vation to the Barry Hospital 20 Act of August 7, 1894, authorizing the Secretary of the Interior to grant leases for sites, on the Hot Springs Reservation, for cold-water reservoirs. . 21 Aaid into the Treasury in the same manner as other moneys arising rom the sale of public lands, and held for the purpose herein specified and at the further disposal of Congress; and the money arising from water-rents shall be under the control of the Secretary of the Interior, and expended by him for the purposes hereinbefore stated, an account of which shall be annually rendered to Congress, showing the amount received, the amount expended, and the amount remaining on hand at the end of each fiscal year. Sec. 15. That the United States marshal for the judicial district of Arkansas, in which the Hot Springs may be situated shall execute all processes required to be executed by this act. Sec. 16. That said commissioners shall hold their offices for the period of one year from the date of appointment, and shall have power to employ competent engineers to make the maps and surveys herein provided for, at a reasonable compensation; to employ a stenogra- pher, who shall also act as clerk, at a compensation of not more than eight dollars per day, to rent an office and purchase the necessary stationery; and the compensation of said commissioners shall be ten 10 LAWS RELATING TO HOT SPRINGS RESERVATION.- dollars per day each, all of which shall be paid by the Secretary of the Interior upon the certified vouchers of said commissioners. Sec. 17. That the right of way be and the same is hereby, granted to the Hot Springs Railroad Company, a company duly incorporated and organized under the laws of the State of Arkansas, to construct, maintain, and operate its line of railroad upon, over, and across the Hot Springs Reservation in the State of Arkansas, as follows: Commencing on the east line of the south half of section thirty- three, in township two south of the base line, in range nineteen west of the fifth principal meridian, in the county of Garland, and State of Arkansas, at a point about six hundred feet from the southeast corner of said section; thence running up a ravine parallel to and south of the Benton wagon-road, westwardly through said section, to a point where the same will intersect with the Malvern stage-road at a point south of the grave-yard on said Reservation. Sec. 18. The right of way hereby granted shall consist of a strip of land fifty feet wide on each side of said railroad, measured from the centre line thereof, from the point on the east line of said section of land where said railroad enters the same to the terminus of the track of said road: Provided, That said railway company may purchase upon the same terms as individuals land for shops, depots, and other purposes, not exceeding twenty acres: Provided, however, That Con- gress may at any time alter, amend, or repeal this section. Sec. 19. That a suitable tract of land, not exceeding five acres shall be laid off by saijd commissioners, and the same is hereby granted to the county of Garland in the State of Arkansas as a site for the public building of said county: Provided, That the tract of land hereby granted shall not be taken from the land reserved herein for the use of the United States. ACT OF DECEMBER 16, 1878 (20 STAT., 258). AN ACT To correct an error of enrollment in bill making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and "seventy-nine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sumof twenty- seven thousand five hundred dollars, or so much thereof as may be necessary, is hereby appropriated to pay for clerk hire, engi- neering, marshal's fees, salaries, and other expenses of the Hot Springs Commission; and the President of the United States be, and he is hereby, authorized to appoint with the advice and consent of the Senate, three discreet, competent, and disinterested persons, who shall constitute a board of commissioners, any two of whom shall con- stitute a quorum, who shall hold their offices for the period of one year from the date of their appointment, and shall have the same powers and authority in all respects as was provided for the com- missioners appointed under the act of Congress approved March third, eighteen hundred and seventy-seven, entitled "An act in rela- tion to the Hot Springs reservation in the State of Arkansas" ; which act is hereby revived and continued in full force for the purpose of enabling said board of commissioners to take possession of all rec- LAWS RELATING TO HOT SPRINGS RESERVATION. H ords, papers, and proofs, and to determine the claims presented to the board of commissioners appointed under said act, whose term of office has expired, and to do and perform all other acts and duties authorized b} 7 " said act. And the Secretary of the Interior is hereby directed to lease to the present proprietors of the Arlington Hotel or their assigns the grounds, not exceeding one acre, now occupied by them, for a period of ten years, unless otherwise provided by law, at an annual rental of one thousand dollars. And he is further directed to lease the bath-houses of a permanent nature now upon the Hot Springs reservation to the owners of the same, and lease to any person or persons upon such terms as may be agreed on, sites for the building of other bath-houses for the term of five years, unless otherwise provided by law, under such rules and regulations as he may prescribe ; and the tax imposed shall not exceed fifteen dollars per tub per annum, including land rent: Provided, That said leases shall in no way prejudice any legal right that any person or persons may have acquired under the act hereby revived and continued, to any improvements on said ground : And provided further, That to prevent monopoly, no bath-house or hotel shall be supplied with more than enough water for fort}' bath-tubs of the usual size, unless there shall be more than enough hot-water to supply all other demands for the same, in which case no single establishment shall be allowed more than forty bath-tubs of the usual size: And 'pro- vided further, That the spuerintendent shall provide and maintain a sufficient number of free baths for the use of the indigent, and the expense thereof shall be defrayed out of the rentals hereinbefore pro- vided for. In cases where fractions of lots are made by straightening, widen- ing or laying out streets, the commissioners shall have power to determine the disposal of the same, giving the preference to the owners of abutting lots: Provided, That all titles given or to be given by the United States shall explicitly exclude the right to the pur- chaser of the land, his heirs or assigns, from ever boring thereon for hot water; and the Hot Springs, with the reservation and mountain are hereby dedicated to the United States, and shall remain forever free from sale or alienation. ACT OF JUNE i6, 1880 (21 STAT., 288). AN ACT For the establishment of titles in Hot Springs, and for other purposes. Be it enacted by the Senate and House of Representatives of tJie United States of America in Congress assembled, That any person, his heirs or legal representatives, in whose favor the commissioners appointed under the acts of Congress of eighteen hundred and sev- enty-seven and eighteen hundred and seventy-eight, relative to the Hot Springs of Arkansas, have adjudicated, shall have the sole right to enter and pay for the amount oif land the commissioners may have adjudged him entitled to purchase, within eighteen months next after the expiration of the notice required by the tenth section of the act of Congress of March third, eighteen hundred and seventy-seven, to be given by paying to the receiver of public moneys at the land- office in Little Rock, Arkansas, forty per centum of the assessed value of said land as placed thereon by said commissioners; and 12 LAWS RELATING TO HOT SPRINGS RESERVATION. that such assessments be reduced to that extent: and that in any cases where any church or church association has been adjudged entitled to purchase land it may do so by paying five dollars per lot. Sec. 2. That the certificates (except certificate Number one hun- dred and sixty-two, issued to Samuel H. Stitt, De Witt C. Rugg, and Samuel W. Fordyce for twenty-two thousand dollars, which excep- tions shall not prejudice the rights of the United States or the holders of said certificate), issued for condemned buildings by said commis- sioners be made receivable for the amounts named therein as so many dollars lawful money of the United States in the entry and purchase of the lands that may be sold in the Hot Springs Reservation; and that such certificates be assignable, and when assigned in the presence of two subscribing witnesses or the execution of the assignment thereof shall have been acknowledged before a court of record or clerk thereof, the land officers in like manner shall receive them from the assignee in payment of lands purchased by himself or others; and in case the amount of the certificate presented and received at such land-office shall exceed that necessary to make the purchase and entry desired, there shall be executed by the register and receiver, and delivered to the person from whom the same is received, a certificate giving the number of the original, the date and amout thereof, the balance due such person thereon, and the certificate thus issued shall be assignable and receivable in like manner as the original, and in all cases where such certificates are issued the register of the land office shall certify on the original certificate taken up, the number of the lots purchased therewith, and the price thereof. Sec. 3. That those divisions of the Hot Springs Reservation, known as the mountainous districts, not divided by streets on the maps made by the commissioners, but known and defined on the map and in the report of the commissioners as North Mountain, West Mountain, and Sugar Loaf Mountain, be, and the same are hereby forever reserved from sale, and dedicated to public use as parks, to be known, with Hot Springs Mountain, as the permanent reservation. Sec. 4. That whenever the town of Hot Springs shall procure else- where a suitable burying-ground and shall cause the bodies now buried in the cemetery lot, within the limits of said town, to be decently removed and reinterred, the title to said cemetery lot shall vest in the corporation of said town, to be held and used forever as a town or city park, and not otherwise. Sec. 5. That the Secretary of the Interior is hereby authorized to designate six lots from the unawarded grounds on the Hot Springs Reservation for the use of the common schools of the corporation of the town of Hot Springs, as sites for schoolhouses, and the lots when so designated are hereby dedicated to the use of common schools, and shall be used, controlled, and managed by the common school officials of the district in which they may be located for such purposes only. The Secretary of the Interior is also authorized to convey to the Bap- tist Church of Hot Springs, whose church edifice was destroyed by fire, a suitable lot of ground not exceeding one-eighth of an acre from that portion of the Hot Springs Reservation laid off into lots and blocks, and forming part of the town site but not awarded to any claimants and not otherwise disposed of b} r this act said conveyance to be on consideration of the payment of a sum equal to ten dollars per acre for said lot. LAWS RELATING TO HOT SPRINGS RESERVATION. 13 Sec. 6. That the streets, courts, and alleys and other thoroughfares of the town of Hot Springs, as surveyed, opened, or established by the commissioners and represented on the map of said town, and not included in the permanent reservation, be, and the same are hereby, ceded to the corporation of the town of Hot Springs for public use: Provided, however, that nothing in this act shall be so construed as to impair the rights or equities conferred upon claimants to said land by an act of Congress approved March third, eighteen hundred and seventy- seven, and an act approved December sixteenth eighteen hundred and seventy-eight, in relation to the Hot Springs reservation in the State of Arkansas. Sec. 7. That that portion of the Hot Springs Reservation laid oil into lots and blocks and forming part of the town site, but not awarded to any claimants, and not otherwise disposed of or reserved by this act, shall be sold at public auction to the highest bidder, at not less than its appraised value, to be made from time to time, at the discretion and under the direction of the Secretary of the Interior, and after public notice in the usual waj^ in the sale of public lands; and the mone} r aris- ing from said sales, as well as any money paid in under section one of this act, shall be held as a special fund for the improvement and care of the permanent reservation at Hot Springs and of the Hot Springs Creek adjacent to and between the permanent reservations, and for the maintenance of free baths for the invalid poor of the United States, as provided by acts of Congress. FROM THE ARMY APPROPRIATION ACT OF JUNE 30, 1882 (22 STAT., 121). ******* Provided, That one hundred thousand dollars be, and hereby is, appropriated for the erection of an Army and Navy hospital at Hot Springs, Arkansas, which shall be erected by and under the direction of the Secretary of War, in accordance with plans and specifications to be prepared and submitted to the Secretary of War by the Surgeons- General of the Army and Navy; which hospital, when in a condition to receive patients, shall be subject to such rules, regulations, and re- strictions as shall be provided by the President of the United States: Provided further, That such hospital shall be erected on the govern- ment reservation at or near Hot Springs, Arkansas. JOINT RESOLUTION OF MARCH 3, 1887 (24 STAT., 647). JOINT RESOLUTION To authorise the use of hot water off the Government Reservation at Hot Springe; Arkansas. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be and he is hereby authorized to continue to furnish to the bath houses located off the permanent reservation at Hot Springs, Arkansas, a sufficient amount of hot water for drinking and bathing purposes: Provided, That furnishing such bath houses shall in no way 14 LAWS RELATING TO HOT SPRINGS RESERVATION. interfere with the supply of hot water necessary for the use of the Arnry and Navy Hospital, and for the bath houses located upon the permanent reservation subject to any further action of Congress on the subject. ACT OF JULY 8, 1882 (22 STAT., 155). AN ACT To authorize the sale of certain lots in the city of Hot Springs, Arkansas, to the Woman's Christian National Library Association. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Woman's Chris- tian National Library Association, incorporated under the laws of the State of Arkansas, be authorized and entitled to enter and pur- chase within six months next after the passage of this act, for the uses and purposes of such association, lots numbered eleven and twelve in block numbered one hundred and twenty-seven, in the city of Hot Springs, Arkansas, now subject to sale under the direction of the Secretary of the Interior, by paying to the receiver of public moneys, at the land office at Little Rock, Arkansas, the assesed value of said lots as placed thereon by the commissioners appointed under the acts of Congress of eighteen hundred and seventy-seven and eighteen hundred and seventy-eight. ACT OF OCTOBER 19, 1888 (25 STAT., 609). AN ACT Granting the right of way for the construction of a railroad through the Hot Springs Reservation, State of Arkansas. Be it enacted by the Senate and House of Rejjresentatives of the United States of America in Congress assembled, That the right of way is hereby granted to the Mountain View Railway Company, of Hot Springs, Arkansas, incorporated under the laws of the State of Arkansas, be- ginning at such point east of the line of the bath houses, between the Army and Navy Hospital and the Arlington Hotel as the Secretary of the Interior may approve, thence by the most eligible route to the east line of Hot Springs Mountain, thence westerly down North Moun- tain and West Mountain to the west line of reservation. Sec. 2. That the right of way hereby granted shall not exceed thirty feet in width, and no part of the right of way herein granted shall in any way interfere with or obstruct the full flow of the hot waters, or be so located as to cause the United States Government, or any citizen thereof, any expense of any kind or character, save and except the projectors of said road, its heirs and assigns. Sec. 3. That it shall be the duty of the United States Government's superintendent of the Hot Springs Reservation to see that said railway, to be constructed under this act, shall not obstruct or in any manner interfere with the springs, hot-water pipes, roads or paths now existing or contemplated to be located upon said reservation, but it shall be made safe and secure for the pleasure, comfort, and edification of-the patrons of the same, and used for the conveyance of passengers only. Sec. 4. That nothing in this act shall be so construed as to abridge the right of the city government of Hot Springs to control and regu- late the privileges of the Mountain View Railway where the same may cross Central avenue in said city. LAWS RELATING TO HOT SPRINGS RESERVATION. 15 Sec. 5. That the Mountain View Railway Company shall have the right to construct observatories at different eligible locations in the vicinity of the right of way hereby granted, at such points as the Sec- retary of the Interior may approve. Sec. 6. That said observatories shall not exceed thirty feet square at foundation, and to be built in good and safe manner, and that no timber shall be cut upon the mountain, or earth or rock blasted or removed, or the surface of the ground in any way defaced, except upon the actual roadbed of the said way, and no blasting shall be done on Hot Springs Mountain except as authorized by the Secretary of the Interior; and that the right of way hereby granted shall be used for the purposes herein mentioned and none other: Provided, That this grant shall not be construed to abridge the authority of the Secretary of the Interior over the portion of the reservation included in the right of way. Sec. 7. That said company shall cause a map showing the proposed route of its line through the reservation to be filed in the office of the Secretary of the Interior, and said location shall be approved by the Secretary of the Interior before any grading or construction on any part of the line shall be begun, and the right of way shall be lost and forfeited unless the road is completed and in running order within three years after the passage of this act : Provided, That this condition as to construction within three years shall be construed as a condition' precedent to the grant herein made and in case of failure to so com- plete said road as provided, such failure shall, of itself work a forfeiture of all rights hereunder. Sec. 8. That the company or its assignees to whom this right of way is granted, shall annually pay to the Government of the United States for the improvement or the permanent reservation at Hot Springs, Arkansas, three per centum of its gross earnings. And Congress hereby reserves the right to at any time amend, add to, alter, or repeal this act. JOINT RESOLUTION OF MARCH 26, 1888 (25 STAT., 619). JOINT RESOLUTION To enable the Secretary of the Interior to utilize the hot- water now running to waste on the permanent reservation at Hot Springs, Arkansas, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and is hereby, authorized and directed to utilize the hot- water upon the reservation at Hot Springs, Arkansas, not necessary for the Army and Navy Hospital, the bath-houses erected and to be erected upon said reservation, and the bath-houses now erected and furnished with hot-water by authority of the Secretary off said reserva- tion, by permitting its use by not exceeding three bath-houses to be erected by individuals below and off said Hot Springs reservation (the expense of obtaining said water to be borne by the proprietors of said bath-houses), said water to be furnished under the same restrictions and regulations as now govern the supply of hot water furnished to the bath-houses above and off said reservation, and that the water-rents for all bath-houses be increased to thirty dollars per tub per annum: Provided, That the new bath-houses which may be so erected shall not 45488—08 3 16 LAWS RELATING TO HOT SPRINGS RESERVATION. be owned or controlled by any person, company or corporation, which may be the owner or interested in any other bath-house on or near the Hot Springs Reservation ; and if the ownership or control of any such bath-house be transferred to any person or corporation owning or interested in any other bath-house on or near said Reservation, the Secretary of the Interior shall, for that cause, deprive said bath-house of the hot-water, and also any other bath-house in which any such person or corporation shall be interested and shall cancel any lease from the United States which any such person or corporation may hold or be interested in. ACT OF MARCH 3, 1891 (26 STAT., 842). AN ACT To regulate the granting of leases at Hot Springs, Arkansas, and for ether 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 Interior is hereby authorized and empowered to execute leases to the bath-houses and bath house sites on the permanent reservation at Hot Springs, Arkansas, for periods not exceeding twenty years, and at an annual rental of not less than thirty dollars per tub for each tub used in any bath-house. Said annual rental' shall be payable quar- terly in advance, at the' office of the Government Superintendent of said property, in Hot Springs, Arkansas: Provided, That the same rate for water rent shall be charged for the water to all parties receiv- ing the same, whether on or off the permanent reservation : Provided, That after the Army and Navy Hospital bath-house, the public bath- house, the bath-houses which are now or may hereafter be authorized on the permanent reservation, the Arlington Hotel, and the bath- houses off the permanent reservation now authorized to be supplied with hot water, in the order herein named, if there shall still be a sur- plus of hot water the Secretary of the Interior may, in his discretion and under such regulations as he may prescribe, cause hot water to be furnished to bath-houses, hotels, and families off the permanent reser- vation: Provided, That such bath-houses, hotels, and families shall cause all connections for obtaining such hot water to be made at their own expense: Provided, That all water furnished to any hotel or fam- ily for other use than bathing shall be paid for at such reasonable price, as shall be fixed by the Secretary of the Interior: Provided fur- ther, That the Secreatry of the Interior shall at the expiration of each period of five years during the continuance of each lease made here- under readjust the terms and amounts of payment provided for therein as may be just, but not less than the minimum herein pro- vided. Sec. 2. That the Secretary of the Interior is hereby authorized to execute a lease of the Arlington Hotel site at Hot Springs, Arkansas, to the present lessees for a period of twenty years, and at an annual ground rent of two thousand five hundred dollars, for the first five years thereof, and at the end of said period of five years, and of each period of five }^ears thereafter, he shall readjust and fix the compen- sation to be paid during the ensuing five years, but not less than that hereinbefore provided for. LAWS RELATING TO HOT SPRINGS RESERVATION. 17 Sec. 3. That all power now possessed by the Secretary of the Inte- rior for the regulating of leases of bath-houses, bath-house privileges, or hotel rights on the reservation, or as to supplying hot water to places off the reservation, is hereby retained and continued in him; and full power is vested in the Secretary of the Interior to provide, in all leases to be executed against any combination among lessees or their assigns, as to ownership, prices, or accommodations at any bath- house; full power is also vested in him to make all needful rules and regulations as to the use of the hot water, and to prevent its waste, including full power to authorize the superintendent of the reserva- tion to make examination and inspection at any time of the manner of using the hot water at any bath-tub, that it may be used in proper quantity only, and to prevent its waste; and also full power to pro- vide and fix reasonable maximum charges for all baths, or bathing privileges, or services of any person connected with any bath-house furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Secretary of the Inte- rior may make all necessary rules and regulations as to said bath houses and the service .therein as shall be deemed best for the public interest, and to provide penalties for the violation of any regulation which may be enforced as though provided by act of Congress. All leases and grants of hot-water privileges shall be held to be subject to all regulations now in force or which may be hereafter adopted by the Secretary of the Interior, and for any violation of any regulation, known to the proprietor at the time of the offense, the lease or grant may be canceled by the Secretary of the Interior. It shall be ex- pressly provided in all leases and grants of privilege for hot water that the -bath-house for which provision is made shall not be owned or controlled by any person, company, or corporation which may be the owner of or interested (as stockholder or otherwise) in any other bath- house on or near the Hot Springs Reservation; that neither the hot- water privilege granted nor any interest therein, nor the right to oper- ate or control said bath-house, shall be assigned or transferred by the party of the second part without the approval of the Secretary of the Interior first obtained, in writing; and if the ownership or control of said bath-house be transferred to any person, company or corporation owning or interested in any other bath-house on or near said reserva- tion, the Secretary of the Interior may, for that cause, deprive the bath-house provided for of the hot water and cancel the lease or agreement. All buildings to be erected on the reservation shall be on plans first approved by the Secreatry of the Interior, and shall be required to be fire proof, as nearly as practicable. Sec. 4. That the Secretary of the Interior, before executing any lease to bath-houses or bath-house sites on the permanent reseiwa- tion or contracts for the use of hot water for bath-houses off the per- manent reservation, may make due investigation to ascertain whether the person, persons, or corporation applying for such lease or con- tract are not, directly or indirectly, interested in any manner what- ever in any other bath-house lease, interest, or privilege at or near Hot Springs, Arkansas, or whether he or they belong to any pool, combination or association so interested, or whether he or they are members or stockholders in any corporation so interested, or, if a corporation, whether its members or any of them are members or 18 LAWS EELATING TO HOT SPKINGS RESERVATION". stockholders of any other corporation or association interested in any other bath-house, lease, interest, or privilege as aforesaid, and in order to arrive at the facts in any such case he is authorized to send for persons and papers, administer oaths to witnesses, and require affidavits from applicants; and any such person making a false oath or affidavit in the premises shall be deemed guilty of "perjury, and, upon conviction, subject to all the pains and penalties of perjury under the statutes of the United States; and whenever, either at the time of leasing or other time it appears to the satisfaction of the said Secretary that such interest in other bath-house, lease, interest, or privilege exists, or at any time any pool or combination exists between any two or more bath-houses or he deems it for the best interests of the management of the Hot Springs Reservation and waters, or for the public interest he may refuse such lease, license, permit or other privilege, or forfeit any lease or privilege wherein the parties inter- ested have become otherwise interested as aforesaid. Sec. 5. That the consent of the United States is hereby given for the taxation, under the authority of the laws of the State of Arkan- sas applicable to the equal taxation of perspnal property in that State, as personal property of all structures and other property in private ownership on the Hot Springs Reservation. Sec. 6. That the authority heretofore conferred upon the Secre- tary of the Interior to collect the hot water upon said reservation shall be so construed as to require water to be collected only where, such collection is necessary for its proper distribution, and not where by gravity the same can be properly utilized. Sec. 7. That the Secretary of the Interior may direct the public sale of all unsold Government lots on the Hot Springs Reservation, and not now permanently reserved at the city of Hot Springs, after having had the same reappraised, and also advertised as now required by law, and no lot shall be sold at less than the appraised price. Sec. 8. Nothing in this act shall be so construed as to prevent the stockholders of any Hotel from operating a bath-house in connec- tion with such Hotel as a part thereof. ACT OF JUNE 22, 1892 (27 STAT., 58). AN ACT To include lot numbered fift> -three in block eighty-nine, at Hot Springs. Ar- kansas, in the public reservation at that place. Be it enacted by the Senate and House of Rejiresentatives of the United States of America in Congress assembled, That lot numbered fifty-three in block eighty-nine, of the town of Hot Springs, in the State of Arkansas, as surveyed and laid out according to an act of Congress approved March third, eighteen hundred and seventy- seven, under the direction and supervision of the Hot Springs com- mission, be, and the same is hereby, reserved from sale, and the same is hereby declared to be a part of the permanent public reservation at Hot Springs, and that it shall be subject to the same laws, rules, and regulations that apply to said permanent reservation as now defined. LAWS RELATING TO HOT, SPRINGS RESERVATION. 19 ACT OF JULY 14, 1892 (27 STAT., 174). AN ACT To grant lot numbered one in block numbered seventy-two of the Hot Springs Reservation to the school district of the city of Hot Springs for school pur- poses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That lot numbered one in block numbered seventy-two of Hot Springs Reservation be, and the same is hereby granted and conveyed to the school district of the city of Hot Springs, Arkansas, for school purposes. FROM THE SUNDRY CIVIL APPROPRIATION ACT OF AUGUST 5, 1892 (27 STAT., 373). S|C 5JJ 3|S -1* Sp 5fS 5j£ Hot Springs Reservation: For the improvement, in the discre- tion of the Secretary of the Interior, according to suitable plans and estimates to be prepared under the direction of the Secretary of the Interior, of the Government reserve bordering upon Whittington Avenue, on the west branch of Hot Springs Creek, Hot Springs, Arkansas, and to have said improvement completed to make said re- serve available in part as a reservoir to retain and retard the flood waters of said creek, and to put said reserve in a suitable state of improvement, thirty thousand dollars, or so much thereof as may be necessary, the same to be paid out of any money that may now or hereafter be available from the proceeds of the sales of public lands within the Hot Springs, Arkansas, reservation, and that is required, by existing law, to be held as a special fund for such improvements as may be provided for on Government reservations at said Hot Springs by Congress. ACT OF DECEMBER 21, 1893 (28 STAT., 21). AN ACT Granting the right of way for the construction of a railroad and other im- provements over and on the West Mountain of the Hot Springs Reservation, Hot Springs, Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way forty- five feet in width, upon which to construct, equip, operate, and main- tain a railroad with one or more tracks, is hereby granted to George W. Baxter, John D. Ware, Leslie Webb, and George M. Baxter, their associates and assigns, upon and over that part of the Hot Springs Reservation known as the West Mountain, as follows: Commencing at a point on first line marked Al seven feet east of the line marked M on Government plat survey, eighteen hundred and ninety-two, for topography; thence by a route to be approved by the Secretary of the Interior to the boundary line of said West Mountain reservation, or as near thereto as shall be necessary, but the said railroad shall not obstruct any highway contemplated by the plans for the improve- ment of the Government reservation of Hot Springs, Arkansas, and the said grantees shall, by the erection and permanent maintenance 20 LAWS RELATING TO H@T SPRINGS RESERVATION. of substantial iron bridges with closed beds and sides, or by means of tunnels, avoid rendering the crossings dangerous to passengers on the said highways, either in conveyances or on foot: Provided, That such road so constructed and this grant shall not interefere with any grant within such reservation heretofore made. Sec. 2. That the said parties or their assigns shall cause to be made an accurate map and profile of the located line of said railway with the specifications for the construction thereof, and the same shall be ap- proved by and filed with the Secretary of the Interior before the con- struction of said railroad shall be commenced. The Secretary of the Interior shall have the supervision and control over the location and construction of said railroad, which must be built and put in running order to the top of said mountain within two years from and after the passage of this Act. Each of the conditions in this section shall be construed as a condition precedent to the grant herein made, and a failure to comply with any of them shall of itself work a forfeiture of the rights hereby granted. Sec. 3. That the said parties or their assigns shall have the privilege of erecting on said West Mountain observatories, hotels, and such other buildings as may be considered by the Secretary of the Interior desirable for the accommodation of the public, and for such purposes, and for laying off and beautifying a park surrounding or adjacent to such buildings the said parties or their assigns are hereby privileged to use five acres of ground upon said mountain, they agreeing to build upon and beautify the same at their own expense. A survey and plat of the grounds to be used for the purposes herein mentioned shall be first submitted to the Secretary of the Interior, and approved by him before any improvements shall be begun upon said land. Plans for all buildings shall be submitted to and approved by the Secre- tary of the Interior. Sec. 4. That the said parties are to pay semiannually to the Interior Department, on account of the fund for the improvement of the permanent Hot Springs Reservation, the sum of two per centum of the gross annual earnings of said railroad and buildings and grounds. Sec. 5. That all tolls, charges, or income received under or by reason of this grant shall be subject to the approval of the Secretary of the Interior, who shall from time to time prescribe rules and regula- tions for the management of said property. Sec. 6. That Congress reserves the right to at any time alter, amend, change or repeal the rights and privileges hereby conferred. ACT OF JUNE 21, 1894 (28 STAT., 95). AN ACT Granting the use of certain lands in the Hot Springs Reservation, in the State of Arkansas, to the Barry Hospital. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Barry Hospital of the city of Hot Springs, in the State of Arkansas, a charity hospital duly organized and chartered under the laws of the State of Arkansas, the right to occupy, improve, and control, for the purpose of erecting thereon a hospital for the use and benefit of the LAWS KELATING TO HOT SPRINGS RESERVATION. 21 poor, and for no other purpose whatever, any of the lots, pieces or parcels of land, situate in the county of Garland, and State of Arkansas, now owned by the Government of the United States, to be selected by the Secretary of the Interior: Provided, Said hospital shall not be located on the reservation which embraces the Hot Springs: Pro- vided, That the United States reserves to itself the fee and the right forever to resume possession and occupy any portion of said lands whenever in the judgment of the President the exigency arises that should require the use and appropriation of the same, or for such other disposition as Congress may determine. ACT OF AUGUST 7, 1894 (28 STAT., 263). AN ACT Authorizing the Secretary of the Interior to grant leases for sites on the Hot Springs Reservation, Arkansas, for cold-water reservoirs. 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 be, and he is hereby, authorized to lease unto the Hot Springs Water Company, of Hot Springs, Arkansas, its successors and assigns, or to any other person or corporation authorized to supply the city of Hot Springs with cold water for drinking and domestic purposes, a site upon the West Mountain of the Hot Springs Reservation, to be selected by him, for the purpose of constructing and maintaining thereon a reservoir for cold water and the pipes necessary to connect the same with the system of water supply of the city of Hot Springs, the term of such lease to be not to exceed twenty years, and the con- sideration therefor an annual rental of one hundred dollars, to be collected and accounted for as now provided by law in relation to the collection and accounting for of revenue derived from leases of bath- house sites upon the Hot Springs Reservation : Provided, That on the termination of any lease granted under authority of this Act the Secre- tary of the Interior shall have like power and authority, in his dis- cretion, to extend or renew the same for additional periods of not exceeding twenty vears. ACT OF AUGUST 9, 1894 (28 STAT., 274). AN ACT To authorize sale of lot eight, block ninety-three, city of Hot Springs, by school directors thereof, and use of proceeds for school purposes. Be it enacted by the Senate and House of Representatives of the J'n ited States of America in Congress assembled, That the directors of the school district of the city of Hot Springs, Arkansas, are hereby authorized to sell and convey, at private or public sale, lot eight, in block ninety- three, on Ouchita avenue, in said city, as shown by the survey and plat of the United States Commissioners for Hot Springs, heretofore designated and set apart by the Secretary of the Interior as a site for a schoolhouse under Act approved June sixteenth, eighteen hundred and eighty, and to apply the proceeds of such sale for the benefit of the common schools of said city. 22 LAWS RELATING TO HOT SPRINGS RESERVATION. ACT OF AUGUST n, 1894 (28 STAT., 1004). AN ACT For the relief of Henry James, residing in the original Hot Springs Reserva- tion, in the State of Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Henry James, who has improved and resides upon lot four, hi block one hundred and two, as designated by the survey and map made by the United States commissioners for the Hot Springs Reservation, shall have the right to enter and pay for said lot at the land office in Little Rock, Arkan- sas, within nmety days next after the passage of this Act, at and for the sum of nine hundred dollars. ACT OF FEBRUARY 15, 1896 (29 STAT., 7). AN ACT To extend the time for the completion of the incline railway on West Mountain, Hot Springs Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the com- pletion of an incline railway upon the West Mountain of the Hot Springs Reservation, as provided by Act of Congress approved December twenty-first, eighteen hundred and ninety-three, is hereby extended for the term of three years from and after the pas- sage of this Act. Sec. 2. That said Act is hereby continued in full force and effect. ACT OF MARCH 19, 1898 (30 STAT., 329). AN ACT Relating to leases on the Hot Springs Reservation, and for other 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 Interior, in addition to his present powers, is hereby authorized, in his discretion, to grant leases and privileges to suitable persons to construct and maintain observatories, pavilions, refreshment stands, upon the Government reservation in the city of Hot Springs, in the State of Arkansas, under such rules and regulations as he may pre- scribe. ACT OF MAY 9, 1898 (30 STAT., 403). AN ACT Authorizing the Supreme Lodge of the Knights of Pythias to erect and maintain a sanitarium and bath house on the Government reservation at the city of Hot Springs, Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the exclusive right to use, occupy, and enjoy the possession of the following-described lot of land, being a part of the Government reservation at the city of Hot Springs, Arkansas, to-wit, commencing on the north line of Reserve avenue at the southeast corner of the Army and Navy LAWS RELATING TO HOT SPRINGS RESERVATION. 23 Hospital grounds; thence running eastward along the north line of Reserve avenue four hundred and sixty-five feet, more or less, to United States monument numbered twenty-seven; thence north six and one-half degrees west four hundred and seventy feet; thence west on a direct line four hundred and fifty-three feet, more or less, to the northeast corner of the Army and Navy Hospital grounds; thence southward along the east boundary of said Army and Navy Hospital grounds five hundred and twenty-live feet to place of begin- ning, is by this act granted to the Supreme Lodge of the Knights of Pythias, for the purpose of erecting, equipping, and maintaining a national sanitarium and bath house for the accommodation of the Knights of Pythias of the United States of America. The rights and privileges granted under this Act shall continue as long as the property is used and occupied for the purposes mentioned in this Act, not, however, to exceed ninety-nine years, subject, however, to the following conditions and limitations, namely: That unless said supreme lodge shall, within five years after the passage of this Act, erect and equip a sanitarium and bath house, for the purposes above mentioned, at a cost of not less than two hundred and fifty thousand dollars, or if said supreme lodge shall at any time hereafter use or permit said premises to be used for any other purpose than that herein granted, then, and in either event, all the rights, privileges and powers by this Act granted and conferred upon said supreme lodge shall be forfeited to the United States. Sec. 2. That upon compliance with the conditions and require- ments of section one of this Act by said supreme lodge, the Secretary of the Interior shall be authorized and required to lease to said supreme lodge a sufficient quantity of hot water to accommodate said sanitarium for all drinking purposes and to supply at least five bath tubs, under such rules and regulations as he may prescribe; and all improvements made upon said property shall be subject to the approval of the Secretary of the Interior. ACT OF FEBRUARY 10, 1900 (31 STAT., 28). AN ACT To amend section four of the Act of Congress approved Jane sixteenth, eighteen hundred and eighty, granting to the city of Hot Springs, Arkansas, cer- tain lands as a city park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of the Act of Congress approved June sixteenth, eighteen hundred and eighty, granting to the city of Hot Springs, Arkansas, a parcel of land known as the cemetery lot for a city park only, be amended so as to read as follows : "That whenever the city of Hot Springs, Arkansas, shall relinquish to the United States of America all its right, title, and interest in and to the following-described lot or parcel of land, being a part of said cemetery lot, but which is now described in the plats and surveys of said city as lots sixteen, block seventy-eight, to-wit: Commencing at the southwest corner of the said city park, in block seventy-eight of the Hot Springs Reservation, and formerly known as cemetery lot, and running thence easterly along the north line of Benton street one hundred and fifty feet; thence northerly two hundred and thirty- 24 LAWS RELATING TO HOT SPRINGS RESERVATION. five feet to a point on the north line of said park one hundred and fifty feet easterly of the northwest corner thereof; thence to said northeast corner; thence along the west boundary line of said park two hundred and sixty-two and seven-tenths feet to the point of beginning, the same being a part of said lot sixteen, in block seventy- eight aforesaid, which is hereby reserved by the United States as a site for the public building provided for by Act of Congress approved March second, eighteen hundred and ninety-nine, the right and title of the United States to all the remaining part of said cemetery lot, now known as lot sixteen, in block seventy-eight, shall vest abso- lutely in the city of Hot Springs, Arkansas, for city park, city building, auditorium, or other public purposes." ACT OF MARCH 26, 1900 (31 STAT., 51). AN ACT To extend the . time for the completion of the incline railway on West Mountain, Hot Springs Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the comple- tion of an incline railway upon the West Mountain of the Hot Springs Reservation, as provided by Act of Congress approved December twenty-first, eighteen hundred and ninety-three, is hereby extended for the term of three years from and after the passage of this Act, and that said Act is hereby continued in full force and effect. FROM THE SUNDRY CIVIL ACT OF MARCH 3, 1901 (31 STAT., 1188). Sec. 4. That the Secretary of the Interior be, and is hereby, author- ized and directed to determine the value of certain condemned buildings formerly located on Hot Springs Mountain Reservation, and on the east side of Valley street, in the city of Hot Springs, in the State of Arkansas, which buildings were condemned by the Hot Springs Commission, and proof of value taken by said commission, under authority of law, and which were destroyed by fire on the night of the fifth day of March, eighteen hundred and seventy-seven, before said commission had issued certificates for the value thereof, as they were authorized and directed, and did afterwards do for buildings similarly situated, but not burned. That the value of each building so condemned and burned shall be determined by the Secretary from the petitions and evidence filed before said commission by the owners or occupiers thereof, by order of said commission, and now on file in the Interior Department, or such other evidence as the claimants may file, and after such investigation as he may think proper. Sec. 5. That a sum of money sufficient to pay for such investiga- tion and the claims so ascertained and fixed by the Secretary of the Interior be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated; and the Secretary of the Interior is hereby authorized and directed to pay to such person or persons, claimants, their executors, administrators, the sum or sums of money equal to the values so as afpresaid found by him. Sec. 6. That the Secretary of the Interior is required to report to Congress the results of his action under the foregoing section. LAWS RELATING TO HOT SPRINGS RESERVATION. 25 ACT OF JANUARY 30, 1903 (32 STAT., 788). AN ACT To extend the time for the completion of the incline railway on West Mountain, Hot Springs Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for the com- pletion of an incline railway upon the West Mountain of the Hot Springs Reservation, as provided by Act of Congress approved December twenty-first, eighteen hundred and ninety-three, and as extended by Act of Congress approved March twenty-sixth, nineteen hundred, be further extended for the term of one year from and after the passage of this Act, and that said original Act, approved Decem- ber twenty-first, eighteen hundred and ninety-three, be continued in full force and effect. ACT OF THE LEGISLATURE OF ARKANSAS, APPROVED FEBRUARY 21, 1903. AN ACT Ceding jurisdiction to the United Stales over a part of the Hot Springs Mountain Reservation. Be it enacted by the General Assembly of the State of Arkansas: Section 1. That exclusive jurisdiction over that part of the Hot Springs Reservation known and described as a part of the Hot Springs Mountain and whose limits are particularly described by the following boundary lines: Commencing at stone monument number (7) seven set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered forty-two (42) and marking the boundary line of Hot Springs Mountain, thence along the South line of Fountain Street to its intersection with Central Avenue or to stone monument number thirty-three (33), thence south along the east line of Central Avenue to where the same is intersected by Re- serve Avenue at stone monument number thirty (30), thence along the north boundary line of Reserve Avenue to stone monument number seven (7) the point of commencement, all in Township Two South, Range nineteen West, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is hereby ceded and granted to the United States of America to be exer- cised so long as the same shall remain the property of the United States; provided that this grant of jurisdiction shall not prevent the execution of any process of the State, civil or criminal, on any person who may be on such reservation or premises; provided further, that the right to tax all structures and other property in private owner- ship on the Hot Springs Reservation accorded the State by the Act of Congress approved March 3d, 1891, is hereby reserved to the State of Arkansas. John I. Moore, Speaker of the House of Representatives. Joseph L. Short, President of the Si note. 26 LAWS RELATING TO HOT SPRINGS RESERVATION. ACT OF APRIL 12, 1904 (33 STAT., 173). AN ACT To amend an act approved December sixteenth, eighteen hundred and seventy-eight, and to authorize the Secretary of the Interior to grant additional water rights to hotels and bath houses at Hot Springs, Arkansas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act entitled "An Act to correct an error of enrollment in bill making- appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes," approved December sixteenth, eighteen hundred and seventy-eight (Twentieth Statutes at Large, page 258), be, and the same is hereby, amended by striking out the second pro- viso of the same and inserting in lieu thereof the following: 11 And provided further, That the Secretary of the Interior be, and he is hereby, authorized to grant to hotels having bath houses at- tached, and to bath houses situated on the Hot Springs Reservation, as well as in the city of Hot Springs, Arkansas, the right to install, maintain, and use, either in said bath houses or in connection with the rooms of said hotels or the bath houses attached to said hotels, as many bath tubs as in his discretion he may deem proper and neces- sary for the public service and the amount of hot water will justify " ACT OF APRIL 20, 1904 (33 STAT., 187). AN ACT Conferring jurisdiction upon United States commissioners over offenses committed in a portion of the permanent Hot Springs Mountain Reservation, Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the portion of the Hot Springs Mountain Reservation in the State of Arkansas situated and lying within boundaries defined as follows, "Commencing at a stone monument numbered seven, set upon the west line of Reserve ave- nue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain street to a stone monument numbered forty-two and marking the boundary line of Hot Springs Mountain; thence along the south line of Fountain street to its intersection with Central avenue or to stone monument numbered thirty-three ; thence south along the east line of Central avenue to where the same is intersected by Reserve avenue at stone monument numbered thirty; thence along the north boundary line of reserve avenue to stone monument numbered seven, the point of commencement; all in township two south, range nineteen west, in the county of Garland and State of Arkansas, being a part of the permanent United States Hot Springs Reservation," sole and exclusive jurisdiction over which was ceded to the United States by an act of the general assembly of the State of Arkansas, entitled "An Act ceding jurisdiction to the United States over a part of the Hot Springs Mountain Reservation," approved February twenty-first, nineteen hundred and three, which cession is hereby accepted, or within such boundaries as may be defined hereafter, shall be under the sole and exclusive jurisdiction of the United States, and all laws applicable to places under such sole and exclusive jurisdiction shall LAWS RELATING TO HOT SPRINGS RESERVATION. 27 have full force and effect therein: Provided, That nothing in this Act shall be so construed as to forbid the service within said boundaries of any civil or criminal process of any court having jurisdiction in the State of Arkansas; that all fugitives from justice taking refuge within said boundaries shall, on due application to the executive of said State, whose warrant may lawfully run within said territory for said purpose, be subject to the laws which apply to fugitives from justice found in the State of Arkansas: And 'provided further, That this Act shall not be so construed as to interfere with the right to tax all struc- tures and other property in private ownership within the boundaries above described, accorded to the State of Arkansas by section five of the Act of Congress approved March third, eighteen hundred and ninety-one, entitled "An Act to regulate the granting of leases at'Hot Springs, Arkansas, and for other purposes." Sec. 2. That said above-described portion of said reservation shall constitute a part of the eastern United States judicial district of Arkansas, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses committed within said boundaries. Sec. 3. That any person who shall, within the said above-mentioned tract, commit any damage, injury, or spoliation to or upon any build- ing fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars and be adjudged to pay all costs of the proceedings. Sec. 4. That any person who shall, except in compliance with such rules and regulations as the Secretary of the Interior may deem neces- sary, and which he is hereby authorized and directed to make, enter or attempt to enter upon said described tract, take, or attempt to take, use, or attempt to use, bathe in, or attempt to bathe in water of any spring located thereon, or without presenting satisfactory evidence that he or she (provided he or she is under medical treatment) is the patient of a physician duly registered at the office of the superintend- ent of the Hot Springs Reservation as one qualified, under such rules which the Secretary of the Interior may have made or shall make, to prescribe the waters of the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars, and be adjudged to pay all costs of the proceedings : Provided, That no physician who shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain thus registered: And provided further, That if any person so bathing, or attempting to bathe, or so entering, or attempting to enter upon the prescribed tract, shall have the permit of a physician, such physician shall be liable to the penalties of this section, unless he be regularly registered ; and such person shall not be liable to the penalties of this section, unless it shall be made to appear that he knew, or had reason to believe, that the physician giving him such permit was not regularly registered. Sec. 5. That if any act shall be committed within said boundaries which would constitute an offense under the municipal ordinances of the city of Hot Springs or the laws of the State of Arkansas, but which is not prohibited or the punishment of which is not specially provided 28 LAWS RELATING TO HOT SPRINGS RESERVATION. for by any law of the United States, regulation of the Secretary of the Interior, or by this Act, the offender shall be subject to the same pun- ishment as the said municipal ordinances of the city of Hot Springs, or the laws of the State of Arkansas in force at the time of the commis- sion of the offense, may provide for a like offense in the said State, and no subsequent repeal of any such law or ordinance shall affect any pending prosecution for an offense committed within said boundaries. Sec. 6. That such commissioner shall have power, upon sworn com- plaint, to issue process in the name of the United States for the arrest of any person charged with the doing, otherwise than in compliance with the rules and regulations of the Secretary of the Interior, of any act with reference to the matters which the Secretary of the Interior in section four of this Act is authorized to regulate, or in violation of such rules and regulations, or in violation of any provision of this Act, or with any misdemeanor or other like offense the punishment pro- vided for which does not exceed a fine of one hundred dollars to try the person thus charged, and if found guilty, to impose the penalty pre- scribed. In all cases of conviction an appeal shall lie from the judg- ment of said commissioner to the United States district court for the eastern district of Arkansas. The said United States district court shall prescribe rules of procedure and practice for said commissioner in the trial of cases and with reference to said appeals. Sec. 7. That said commissioner shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission, within said boundaries, of any criminal offense not covered by the provisions of section six of this Act, to hear the evidence introduced, and if he is of opinion that probable cause is shown for holding the person so charged for trial, shall cause such person to be safely conveyed to a secure place for confinement, within the jurisdiction of the United States district court for the eastern dis- trict of Arkansas, and certify a transcript of the record of his proceed- ings and the testimony in the case to said court, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bailable under the laws of the United States or of the State of Arkansas or the ordinances of the city of Hot Springs. Sec. 8. That all process issued by the commissioner shall be directed to the marshal of the United States for the eastern district of Arkansas, but nothing herein contained shall be so construed as to prevent the arrest by any officer of the Government, police of said reservation, police officer of the city of Hot Springs, or employee of'the United States within said boundaries, without process, of any person taken in the act of violating the law or this Act, or doing anything with refer- ence to the matters which in section four of this Act the Secretary of the Interior is authorized to regulate, except in compliance with such rules and regulations, or committing any act in violation of such regulations. Sec. 9. That the commissioner referred to in this Act and the mar- shal of the United States and his deputies in the eastern district of Arkansas shall be paid the same fees and compensation as are now provided by law for like services in said district. Sec. 10. That all fees, costs, and expenses arising in cases under this Act and properly chargeable to the Untied States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States. LAWS RELATING TO HOT SPRINGS RESERVATION. 29 Sec. 11. That all fines and costs imposed and collected shall be de- posited by said commissioner of the United States or the marshal of the United States collecting the same with the clerk of the United States district court for the judicial district in which said reservation may be situated. Sec. 12. That all persons who may be imprisoned for nonpayment of any fine, or costs, provided for by this Act, or awaiting trial without bail, shall be confined in the jail of Pulaski County, at Little Rock, Arkansas, or at such place as may be otherwise designated. Sec. 13. That upon the conviction of a party upon trial by said commissioner, or by said district court, execution of sentence shall be in conformity with the laws of the United States, anything in the statutes of the State of Arkansas to the contrary notwithstanding. ACT OF MAY 23, 1906 (34 STAT., 198). AN ACT To change the line of the reservation at Hot Springs, Arkansas, and of Reserve avenue. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the line of the Govern- ment reservation at Hot Springs, Arkansas, and of Reserve Avenue, be changed so as to run from stone monument twenty-six to stone monument twenty-eight on a direct line, instead of running from hventy-six to twenty-seven and thence to twenty-eight, as it now does: Provided, That the tract of land thus excluded from the reser- vation by changing the lines as above, be ceded to the city of Hot Springs, to become a part of Reserve avenue and to be used for street purposes only; to be accepted by the city without change of the opposite (southerly) boundary line of said avenue. ACT OF MARCH 2, 1907 (34 STAT., 1218). AN ACT To amend an act entitled "An Act conferring jurisdiction upon United States commissioners over offenses committed in a portion of the permanent Hot Springs Mountain Reservation, Arkansas, " approved April twentieth, nineteen hun- dred and four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Act Numbered One hundred and twenty-four, an Act conferring jurisdiction upon the United States commissioners over offenses committed in a por- tion of the permanent Hot Springs Mountain Reservation, Arkansas, be amended as follows: That section six be amended by prefixing the following: "That any United States commissioner, duly appointed by the United States circuit court for the eastern district of Arkansas, and residing in said district, shall have power and jurisdiction to hear and act upon all complaints made of any and all violations of this Act." Sec. 2. That the words "commissioner", "such commissioner", "said commissioner", or "the commissioner", whenever they occur in said Act be stricken out and the words "any of said commissioners" be inserted in lieu thereof. 30 LAWS RELATING TO HOT SPRINGS RESERVATION. ACT OF LEGISLATURE OF ARKANSAS APPROVED APRIL 30, 1907. ACT 236. — AN ACT For the protection of passengers and for the suppression of drum- ming and soliciting upon railroad trains and upon the premises of common carriers. Be it enacted hy the General Assembly of the State of Arkansas: Section I. That it shall be unlawful for any person or persons, except as hereinafter provided in section 2 of this act, to drum or solicit business or patronage for any hotel, lodging house, eating house, bath house, physician, masseur, surgeon, or other medical practi- tioner, on the trains, cars, depots of any railroad or common carrier operating or running within the State of Arkansas. Any person or persons plying or attempting to ply said vocation of drumming or soliciting, except as provided in section 2 of this act, upon the trains, cars, or depots of said railroads or common carriers, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars for such offense. Sec. II. That it shall be unlawful for any railroad or common car- rier operating a line within the State of Arkansas knowingly to per- mit its trains, cars or depots within the State of Arkansas to be used by any person or persons for drumming or soliciting business or pat- ronage for any hotel, lodging house, eating house, bath house, physi- cian, masseur, surgeon or other medical practitioner, or drumming or soliciting for any business or profession whatever, except that it may be lawful for railroads or common carriers to permit agents of transfer companies on their trains to check baggage or to provide transfers for passengers, or for persons or corporations to sell period- icals and such other articles as are usually sold by news agencies for the convenience and accommodation of said passengers. And it shall be the duty of the conductor or person in charge of the train or railroad of any common carrier to report to the prosecuting attorney any person or persons found violating any of the provisions of this act, and upon wilful failure or neglect to report any such per- son or persons known to be violating the provisions of this act by drumming or soliciting, said conductor or other person in charge of such train shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not less than fifty nor more than one hundred dollars. Sec. III. For the purpose of enforcing the provisions of this act, conductors, trainmen or special officers employed by railroads or common carriers are hereby required to forbid any violation of this act; and, if necessary, they are authorized to call an officer at such place where an officer can be had, and to report a violation of this act to such officer, whose duty it shall be to arrest the person charged with violating this act and to carry him immediately before some officer, to be tried according to law. Sec. IV. That all acts and parts of acts in conflict herewith are hereby repealed, and this act to take effect and be in force from and after its passage. LAWS RELATING TO HOT SPRINGS RESERVATION. 31 ORDINANCE OF COUNCIL OF HOT SPRINGS APPROVED AUGUST 9, 1907. AN ORDINANCE To prevent frauds being committed in the city of Hot Springs, Arkansas, upon persons desiring to get the benefit of the baths of the hot waters of the United .States Hot Springs Reservation in Arkansas. Be it Ordained by the Council of the City of Hot Springs, Arkansas. Section 1. That any physician in the city of Hot Springs, Arkan- sas, not authorized under the rules and regulations of the Secretary of the Interior of the United States to prescribe and direct the taking of hot-water baths of the hot waters of the United States Hot Springs Reservation in Arkansas, who shall accept any person or persons as a patient or patients or prescribe for such person or persons for fee or reward paid or to be paid, when he knows or has reason to believe that said patient or persons desire the benefit of the baths of said hot water, without first notifying said person or persons that he is not registered and qualified under the rules and regulations of the said Secretary of the Interior of the United States to prescribe and give directions for the taking of the said baths, and that the person or per- sons can not get-hot-water baths at the bathhouses insaidcityif treated by said physician, shall be guilty of a misdemeanor and upon con- viction in the police court shall be fined not less than twenty-five dollars nor more than fifty dollars. Sec. 2. That any person who shall recommend any person to a physician whom he knows is not authorized as such physician to prescribe the hot baths of the United States Hot Springs Reserva- tion under the rules and regulations of the Secretary of the Interior of the United States when he knows or has reasons to believe said person or persons being by him so recommended desire the benefit of the said baths, without at the same time notifying such person or persons that said physician can not prescribe the said baths to his patients and that said person or persons can not get the baths if treated by said physician, shall be guilty of a misdemeanor and upon conviction in the police court shall be fined not less than twenty-five dollars nor more than fifty dollars. Sec. 3. That any physician who is not registered and authorized to prescribe the hot-water baths of the United States Hot Springs Reservation in Arkansas, under the rules and regulations of the Secretary of the Interior of the United States, who shall direct their patient or patients to represent to the bath-house owners, managers, servants, or employees thereof, that they have no physician so as to obtain said baths at said bath house or houses, shall be guilty of a misdemeanor and upon conviction in the police court shall be fined not less than twenty-five dollars nor more than fifty dollars. Sec. 4. That all ordinances and parts of ordinances in conflict will) this ordinance be and the same are hereby repealed, and this ordi- nance take effect and be in full force from and after passage. Passed August S, 1907. Approved August 9, 1907. M. IT. Jopd, Mayor. Attest : Otis Copelin, City Clerk. 32 LAWS RELATING TO HOT SPRINGS RESERVATION. ORDINANCE OF COUNCIL OF HOT SPRINGS APPROVED JUNE 4, i8g5. By ordinance approved June 4, 1896, for the better protection of public parks of the city of Hot Springs, it is made unlawful for any person to cut down, mark, deface or injure any tree or shrub in any public park in the city, or who shall carry away or misplace, cut, mark, or deface, any seat, or settee or any movable property in any public park, or shall habitually lounge, or loaf in any public park of this city, or who shall be drunk or intoxicated while in such park, or who shall use vulgar or profane language, or who shall make any indecent exposure of the person or who shall spit upon the floors or walls of any pavilion or other building or on the sidewalks or who shall hawk, peddle, or beg, or solicit alms, or who may be offensive by reason of loathsome disease. United States Reservation policemen are instructed to enforce the provisions of this ordinance. RULES AND REGULATIONS. REGULATIONS APPROVED FEBRUARY i, 1908, FOR THE GOVERN- MENT OF ALL BATH HOUSES. The Superintendent of the Hot Springs Reservation is directed to enforce a prompt and faithful compliance with the following rules: Rule 1. Bath houses or hotels will be allowed such number of tubs as the Secretary of the Interior may, in his discretion, deem proper and necessary for the public service and the amount of hot water will justify. Rule 2. The constant flow of hot water for vapor or other baths, even during business hours, or the unnecessary waste of water in any manner, is strictly prohibited, and will, if continued after written notice from the Superintendent to stop such waste of water, be con- sidered by the Department sufficient grounds for the cancellation of the lease of such offending lessee. Rule 3. Rentals must be paid quarterly in advance, at the office of the Superintendent, and if not paid within five days from the beginning of each quarter, the supply of water may be cut off. Rule 4. The charge for baths at the different bath houses shall be at the rates fixed by the Secretary of the Interior, and no bath tickets shall be sold for more than said rate, and then only to such persons as intend to actually use them for bathing. No bath ticket shall be sold except at the office of the bath house where the bath is to be given, and tickets must show the date when issued, the serial number, the number of baths for which issued, the full name of the purchaser, and the amount paid therefor. Bath tickets shall be redeemable for the same proportionate price for which they were sold, when presented by the original purchaser: Provided, That when less than seven baths have been taken on any ticket presented for redemption, the bath house may charge the rate for single baths for the number of baths taken on said ticket. No bath ticket or part of a ticket shall be reissued after having been redeemed. The issue of complimentary bath tickets must not exceed 5 per cent of the number of tickets sold by the bath house during the last fiscal year. The renting and selling of bath robes, towels, soap, toilet articles, or articles of merchandise in bath houses is prohibited. Rule 5. The owners or managers of bath houses receiving water from the Hot Springs Reservation, and the employees of any such bath house, are absolutely prohibited from either directly or indi- rectly reflecting on or questioning the integrity of the hot water supply of any Other bath house, or of claiming superiority of its own supply of hot water over that furnished from the springs on the Reservation to other bath houses. Upon evidence of violation 33 34 BEGULATIONS RELATING TO HOT SPRINGS RESERVATION. of this rule, the Superintendent shall report the facts, with his rec- ommendation, to the Secretary of the Interior, looking to the shut- ting off of the water from any bath house or cancelling the lease, as the Department may determine. Rule 6. Bath house attendants shall be allowed to charge for their services not exceeding fifteen cents for a single bath, SI per week, or $3 per course of 21 baths, to be collected for the attendant by the bath house manager and properly accounted for by him to the attendant. The services of the attendants shall include all the necessities of the bath, except towels and bath robes, laundering bath robes, rubbing mercury, and handling helpless invalids. They shall be required to keep themselves in a neat and cleanly condi- tion, both in person and in dress, and may be required to make good any damage accruing from breakage or neglect of duty. It shall be optional with the bather whether he employ an attendant or not. Mo person shall be employed or permitted to serve or occupy space in any bath house as a mercury rubber, or as a masseur, without the approval of the Superintendent first had and obtained; and every person so employed or serving shall be subject and amenable to the rules and regulations the same as attendants and other bath house employees. Rule 7. The payment of any sum of money, or anything of value, either directly or indirectly, by any bath house owner, manager, clerk, or attendant as compensation for drumming customers to any bath house, or allowing public drummers, drumming doctors, hotel or boarding house proprietors who are drummers, or persons who work with them as inside men, to bring persons or show them through, or to loiter in or about any bath house, is positively for- bidden. Upon evidence of violation of this rule, the Superintendent shall report the facts, with his recommendation, to the Secretary of the Interior, looking to the shutting off of the water from any bath house or cancelling the lease, as the Department may determine. Rule 8. The lessee of each bath house shall cause to be kept a full and correct register of each bath given, the number and kind of bath tickets sold, and the number of complimentary tickets issued each day. No person shall be allowed to bathe without a numbered ticket being issued and a record of the same being kept and duly reported to the Superintendent on the first day of each month as paid, complimentary or free baths, together with any information he may have showing a violation of the bath house rules and regula- tions which may be susceptible of proof. Rule 9. All bath houses receiving deposits of jewelry, money, or other valuables from bathers must provide means satisfactory to the Superintendent of the Reservation for the safe-keeping thereof; it is to be understood, however, that the Government assumes no responsibility in the premises. All losses must be promptly reported to the Superintendent by the bath house manager. Rule 10. An applicant for baths who is under medical treatment shall not be permitted to bathe in any bath house supplied with water from the Hot Springs Reservation, unless said applicant presents satisfacton^ evidence that he or she is the patient of a physician who is duly registered at the office of the Superintendent as qualified to prescribe the waters of the hot springs, and who is known not to engage in drumming for custom. The violation of REGULATIONS RELATING TO HOT SPRINGS RESERVATION. 35 this rule by the owner, manager, or any employee of a bath house receiving hot water from the Reservation will result in the cutting off of the water from the bath house or the cancelling of the lease, as the Department may determine. Rule 11. Physicians desiring to prescribe the waters of the Hot Springs, either internally or through the medium of the baths, must first be registered at the office of the Superintendent of the Reser- vation. Registration will be accorded only to such physicians as are found, by a board designated b}^ the Secretary of the Interior, to have proper professional qualifications and character, and who do not engage in drumming for custom. No physician who shall engage in the solicitation of patronage through the medium of drummers, or otherwise, shall be or remain registered. In case any person who, in violation of these regulations, bathes or attempts to bathe, or enters or attempts to enter upon the Hot Springs Res- ervation to bathe, shall have the permit of a physician therefor, such physician shall be liable to the penalties provided in the act of April 20, 1904, unless he is regularly registered, but the bather or the person attempting to bathe, shall not be liable to the penal- ties of said act, unless it shall be made to appear that he knew or had reason to believe that the physician giving him the permit to bathe was not regularly registered. Rule 12. Persons violating any of the foregoing regulations within the purview of the act of April 20, 1904, entitled "An Act conferring jurisdiction upon United States commissioners over offenses committed in a portion of the permanent Hot Springs Mountain Reservation, Arkansas," and the act of March 2, 1907, amendatory thereof, will be deemed guilty of a misdemeanor, and be subjected on conviction to the payment of a fine, as provided in said act of April 20, 1904, of not exceeding $100, and be adjudged to pay all costs of the proceeding. Rule 13. All bath houses shall be kept in a neat, cleanly, and sanitary condition, and all sewage and waste water properly con- ducted away, and all under drainage kept in perfect order. The water-closets' shall have sufficient and free connection with the public sewers and be kept in the best order and with the best plumbing furnishings and appliances. Lessees of bath houses on the permanent Reservation shall, under the direction of the Super- intendent, cultivate and maintain a part of the bath house park in front of their respective bath houses, the space for each to cultivate to be allotted by the Superintendent. Rule 14. Each bath house manager, clerk, and attendant shall be required to have a full and ccmplete understanding of the Bath House Rules and Regulations before entering upon his duties. The Superintendent is authorized to require the discharge of any bath house manager, clerk, attendant, mercury rubber, or masseur, for bath house drumming or refusing or neglecting to carry out the Bath House Rules and Regulations according to the true intent and meaning thereof. Any person discharged for cause from a bath house, or removed at the request of the Superintendent, shall not be again employed by the same or any other bath house, or per- mitted to render service in any bath house, without the written consent of the Superintendent. Managers must promptly report to the Superintendent the name of any person so removed. 36 REGULATIONS RELATING TO HOT SPRINGS RESERVATION. A neatly framed copy of the Rules and Regulations now in force, together with the prices of baths and attendants' fees, both sepa- rately and combined, printed in large black type on white card- board, shall be conspicuously posted in the office of each bath house. APPLICATION FOR REGISTRATION OF PHYSICIANS. To the board of physicians appointed by the Secretary of the Interior, to pass upon the qualifications and character of physicians to prescribe the waters from the Hot Springs Reservation : 1. I was born at 2. My preliminary education was obtained (.State common school or collegiate). If the latter, name of college and date of degree. 3. I graduated in medicine from on the day Give name of college. of 1 4. My State certificate was issued . When and where. 5. From what county issued 6. 11 County State . . American Medical Association? Special Yes or No. 7. I have practiced at my present location years, and have practiced at the following places for the years named 8. I now hold or have held the following positions Give places of trust or honor hpld now or in the past, prizes received and dispensary orcollege appointments. 9. I am State 'general practitioner" or specialty, if any. 10. Do you employ drummers to solicit business? Yes or no. 11. Do you pay commissions on any of your professional business, either directly or indirectly? REGULATIONS RELATING TO HOT SPRINGS RESERVATION. 37 12. Have you paid commissions on any of your professional business or given anything of value either directly or indirectly, for such purposes, during the past two years? Yes or no. 13. If so, when did you quit, and why? Date. 14. If registered will you faithfully observe the rules and regulations approved by the Sei tc i a ry of the Interior regarding the use of the waters of the Hot Springs? Yes or no. 15. My office is street; residence street; telephone number Respectfully, Reported and examined 190. REGULATIONS APPROVED JULY 7, 1900, FOR THE GOVERNMENT OF THE FREE BATH HOUSE. These baths are provided and maintained by the United States Eursuant to the requirements of the act of Congress approved Decem- er 16, 1878 (20 Stat., 258), for the use of the indigent only; neither the manager nor attendants are authorized to supply them to others. The manager of the free bath house is required to enforce a strict observance of the following rules and regulations: Rule 1. No baths will be supplied except on written applications made on blanks furnished at the office of the bath house, making full answers to the questions therein propounded, then if the applicant is found to be indigent (in accordance with the common acceptation of the word), the manager will issue a ticket good for 21 baths, which may be reissued on the same application if necessary. Rule 2. Persons using the free baths are required to maintain quiet and orderly deportment while in or about the bath house, to abstain from the use of tobacco, either by chewing or smoking, while in the pool rooms, dressing rooms, or office, not to scatter rags or paper on the floor, or to loiter in or about the building after bathing. Rule 3. The wanton exposure of person or entering any of the front rooms in a nude state, the use of loud, vulgar, or profane lan- guage, the use of rags, paper, soap, or any foreign substance in the pool rooms is positively prohibited. Rule 4. Persons using these baths are not allowed to stand or sit on or in any way interfere with the water pipes or valves or to stand on the chairs or benches. All persons entering the house are required to clean their feet at the door and avoid as much as possible bringing dirt or mud on the floors. Boys over five years of age will not be allowed in the female department during bathing hours. Rule 5. Any willful or repeated violation of these rules, or any disorderly or contemptuous conduct, will subject the persons so offending to suspension or expulsion, at the discretion of the Super- intendent of the Reservation. 38 REGULATIONS RELATING TO HOT SPRINGS RESERVATION. Rule 6. Neither the manager nor the Government attendants shall be allowed to receive or become responsible for any valuables or to charge any fees for any service rendered to bathers which comes within the direct line of their duty. Rule 7. The manager is required to enforce all the foregoing rules and to maintain good order in and about the bath house, to see that all indigent persons applying are supplied with baths, and to make a written report to the Superintendent each month on blank forms supplied for that purpose. He may reject any application for free baths if he has reason to believe the applicant has made false answers in his written application, and the aggrieved may appeal to the Super- intendent of the Reservation. APPLICATION FOR BATHS AT THE GOVERNMENT FREE BATH HOUSE. Department op the Interior, hot springs reservation. Persons desiring to use the free baths are required to answer the following questions, in writing, and sign the same, giving full name: Name Town County State Present address in Hot Springs: Street , No Native of what country Age years. Have you a family? How many in family? Occupatii m Are you able to work? Are you empl< »yed now? By whom? In what capacity? Do you wish to bathe for your health? With what disease are you afflicted? How long afflicted? Are you under treatment of a physician at Hot Springs? If so, give his name and address Have you ever served in the United States military or naval service? Do you own any real estate? What is the value of your personal property? $ How much money have you? $ The act of Congress approved December 16, 1878 (20 Stat., 258), restricts the use of free baths to the indigent; in other words, to persons who are poor, needy, in want, or without means of comfortable subsistence. Do you regard yourself as an indigent person? Persons accepting and using these baths are required to report to the manager once each week whether they are being benefited by the baths or not, and also when they discontinue bathing. [seal.] Hot Springs, Arkansas, , 190... GENERAL LEGISLATION. SECTION 5391, REVISED STATUTES OF THE UNITED STATES. Prosecutions under State Laws where no Federal Laws are Applicable. If any offense be committed in any place which has been or may hereafter be, ceded to and under the jurisdiction of the United States, which offense is not prohibited, or the punishment thereof is not specially provided for, by any law of the United States, such offense shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, pro- vide for the like offense when committed within the jurisdiction of such State; and no subsequent repeal of any such State law shall affect any prosecution for such offense in any court of the United States. ACT OF JULY 7, 1898 (30 STAT., 717). AN ACT To protect the harbor defenses and fortifications constructed or used by the United States from malicious injury, and for other purposes. Sec. 2. That when any offense is committed in any place, jurisdic- tion over which has been retained by the United States or ceded to it by a State, or which has been purchased with the consent of a State for the erection of a fort, magazine, arsenal, dockyard, or other needful building or structure, the punishment for which offense is not provided for by any law of the United States, the person committing such offense shall, upon conviction in a circuit or district court of the United States for the district in which the offense was committed, be liable to and receive the same punishment as the laws of the State in which such place is situated now provide for the like offense when com- mitted within the jurisdiction of such State, and the said courts are hereby vested with jurisdiction for such purpose; and no subsequent repeal of any such State law shall affect any such prosecution. ACT OF MARCH 3, 1875 (18 STAT, 481). Cutting Timber on Reserved Lands, Destroying Fences, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall knowingly and unlawfully cut, or shall knowingly aid, 39 40 LAWS RELATING TO HOT SPRINGS RESERVATION. assist, or be employed in unlawfully cutting, or shall wantonly destroy or injure, or procure to be wantonly destroyed or injured, any timber- tree or any shade or ornamental tree, or any other kind of tree, stand- ing, growing, or being upon any land of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a. fine not exceeding $500, or shall be imprisoned not exceeding twelve months. Sec. 2. That if any person or persons shall knowingly and unlaw- fully break or destroy any fence, wall, hedge, or gate inclosing any lands of the United States, which have, in pursuance of any law, been reserved or purchased by the United States for any public use, ever} 1 " such person so offending, on conviction, shall, for every such offence, pay a fine not exceeding $200, or be imprisoned not exceeding six months. Sec. 3. That if any person or persons shall knowingly and unlaw- fully break, open, or destroy any gate, fence, hedge, or wall inclosing any lands of the United States, reserved or purchased as aforesaid, and shall drive any cattle, horses, or hogs upon the lands aforesaid for the purpose of destroying the grass or trees on the said grounds, or where they may destroy the said grass or trees, or if any such per- son or persons shall knowingly permit his or their cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on con- viction, shall pay a fine not exceeding $500, or be imprisoned not exceeding twelve months. Provided, That nothing in this act shall be construed to apply to unsurveyed public lands and to public lands subject to preemption and homestead laws, or to public lands subject to an act to promote the development of the mining resources of the United States, approved May 10, 1872. ACT OF JUNE 3, 1878 (20 STAT.. 89), AS AMENDED BY SEC. 2, OF THE ACT OF AUGUST 4, 1892 (27 STAT., 348). Cutting Timber on Lands of the United States. Sec. 4. After the passage of this act it shall be unlawful to cut, or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of the United States in public-land States, or remove, or cause to be removed, any timber from said public lands with in- tent to export or dispose of the same ; and no owner, master, or con- signee of any vessel, or owner, director, or agent of any railroad, shall knowingly transport the same, or any lumber manufactured there- from; and any person violating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined for every such offense a sum not less than one hundred nor more than one thousand dollars. LAWS RELATING TO HOT SPRINGS RESERVATION. 41 ACT OF JUNE 10, 1896 (29 STAT., 343). Changing or Removing Survey Marks. AN ACT Making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1897, and for other purposes. Hereafter it shall be unlawful for any person to destroy, deface, change, or remove to another place any section corner, quarter-sec- tion corner, or meander post on any Government line of surve}*, or to cut down any witness tree or any tree blazed to mark the line of a Government survey, or to deface, change, or remove any monument or bench mark of any Government survey. That any person who shall offend against any of the provisions of this paragraph shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court shall be fined not exceeding two hundred and fifty dollars, or be imprisoned not more than one hundred days. All the fines accruing under this paragraph shall be paid into the Treasury, and the in- former, in each case of conviction, shall be paid the sum of twenty- five dollars. ACT OF FEBRUARY 6, 1905 (33 STAT., 700). Arrests by National Park and Forest Employees. AX ACT For the protection of the public forest reserves and national parks of the United States. All persons employed in the forest-reserve and national-park service of the United States shall have authority to make arrests for the violation of the laws and regulations relating to the forest reserves and national parks, and any person so arrested shall be taken before the nearest United States commissioner, within whose jurisdiction the reservation or national park is located, for trial; and upon sworn information by any competent person any United States commissioner in the proper jurisdiction shall issue process for the arrest of any person charged with the violation of said laws and regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said laws and regulations. STATEMENT OF APPROPRIATIONS FOR HOT SPRINGS RESERVATION FROM MARCH S, 1STT, TO DECEMBER 31, 1907. TITLE: PROTECTION AND IMPROVEMENT HOT SPRINGS RESER- VATION." Revenue Fund, derived from water and ground rents and sales of lots and improvements, as provided by act of March 3, 1877, treated by Treasury Department, for bookkeeping purposes, as Indefinite Appropriation : 1877& $5, 035. 00 2,881.88 2,774.03 5, 820. 47 37, 323. 70 13, 442. 94 30, 944. 07 4, 996. 85 4, 705. 00 4, 705. 00 7,241.40 12, 490. 00 13, 090. 00 19, 682. 00 59,282.50 15, 798. 12 1894 $16, 780. 00 1878 1895 18, 305. 00 1879 1896 16,125.88 1880 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 (half ) 18, 000. 00 1881 1882 1883 18,471.25 18, 580. 00 18,670.00 1S84 18,220.00 1885 18, 235. 00 1886 : 18, 120. 00 1887 18, 430. 00 1888 19, 330. 00 1889 19, 748. 33 1890 20, 165. 00 1891 10. 450. 00 1892. Total 1893 507, 843. 42 SPECIFIC APPROPRIATIONS BY CONGRESS FROM REVENUE FUND. Improvement of Whittington Lake Reserve from proceeds from sale of lands, included in above fund, 1892. & (Sundry civil act of August 5, 1892) c $30, 000. 00 To repay expenditures upon a sewer, 1896. (Act of May 1, 1896) c 930. 00 Total 30. 930. 00 TITLE: IMPROVEMENT HOT SPRINGS RESERVATION." SPECIFIC APPROPRIATIONS BY CONGRESS FROM REVENUE FUND. Improvement of Hot Springs Creek, 1883. b (Sundry civil act of August 7, 1882) c $33, 744. 78 This amount accrued to the revenue fund from operation of the bath houses by the Court of Claims receiver in 1878. Designations given on books of Treasury Department. f> Years scheduled on books of Treasury Department, c Without year. 42 APPROPRIATIONS FOR HOT SPRINGS RESERVATION. 43 TITLE: SALARIES AND EXPENSES HOT SPRINGS COMMISSION. • Salaries and expenses Hot Springs Commission, 1877. b (Sundry civil act of Maich.3', 1877) c$27, 500.00 Same as above, 1878. ( Deficiency act of December 15, 1877 1 c 15, 000. 00 Same as above, 1879. (Act of December 16, 1878) c 27, 500. 00 Same as above, 1879. (Deficiency act of March 3, 1879) c 12, 000. 00 Total d 82. 000. 00 TITLE: PROTECTION AND IMPROVEMENT HOT SPRINGS RESER- VATION." SPECIFIC APPROPRIATIONS BY CONGRESS FROM MONEYS IN TREASURY NOT OTHERWISE APPROPRIATED. Improvement of Hot Springs Creek, 1885.5 (Sundry civil act of July 7. 1884) *. .'. . .« $75, 000. 00 Same as above, 1880. (Sundry civil act of March 3. 1885 1 f 8, 000. 00 Same as above, 1887. (Sundry civil act of August 4. 1886)." « 20, 000. 00 Reservoirs, pumps, piping, and improvement of the free bath house, 1889. (Sundry civil act of October 2, 1888) ^36. 000. 00 Improvement of the free bath house, 1890. (Deficiencv act of April 4. 1890) c 3, 200.00 For mains, pipes, pumping engine, etc., 1891. (Deficiencv act of Septem- ber 30 , 1890) : c 5, 000. 00 Construction of roads, 1892. (Sundry civil act of March 3. 1891) « 5, 000. 00 Total 152, 200. 00 TITLE: HOT SPRINGS RESERVATION." SPECIFIC APPROPRIATIONS BY CONGRESS FROM MONEYS IN TREASURY NOT OTHERWISE APPROPRIATED. Repairs to roads, drives, etc., and remodeling the free bath house, 1903. b (Sundry civil act of June 28. 1902) c$47, 562. 00 Repairs to roads, etc., and storage reservoir, 1904. (Sundry civil act of March 3, 1903) .' e30, 500. 00 Reimbursement of disbursing officer, 1904. (Deficiencv act of February 18, 1904) '. e 500. 00 Installation of electric motor for the free bath house, 1904. (Deficiency act of April 27, 1904) * 1. 550. 00 For gutters on mountain mads. 1905. (Sundry civil act of April 28, 1904).. ^8.000.00 Filling lakes in Whittington Park, 1906. (Sundrv civil -act of March 3. 1905 ) ' 6, 000 . 00 Total '. 94, 112. 00 TITLE: CLAIMS FOR CONDEMNATION OF BUILDINGS, HOT SPRINGS RESERVATIONS SPECIFIC APPROPRIATIONS (INDEFINITE) FROM MONEYS IN TREASURY NOT OTHERWISE APPROPRIATED (SUNDRY CIVIL ACT OF MARCH 8, 1901). 1902 & c $26, 385. 45 1903 c 18, 372. 07 1904 c 3, 500. 00 Total 48. 257. 52 Up to December 31, 1907, in addition to the above appropriations, there has been expended the sum of $219,933.91, under the direction of the War Department, upon the Army and Navy Hospital, located on Hot Springs Reservation. a Designations given on books of Treasury Department. b Years scheduled on books of Treasury Department. c Without year. d Rei ml iu rial ilc from fund arising from sale of Hot Springs lots, but trea jury Department as a direct appropriation. < Limited to fiscal years. 44 APPROPRIATIONS FOR HOT SPRINGS RESERVATION. RECAPITULATION OF APPROPRIATIONS AND EXPENDITURES, 1877-1908. Titles of appropriations. Indefinite appropria- tions from revenue fund. Specific appropria- tions from revenue fund. Specific appropria- tions from Treasury. Expendi- tures. Surplus (reverted to Treas- ury). Balance December 31, 1907. Protection and improve- ment Hot Springs Reser- $507,843.42 $30, 930. 00 33, 744. 78 $152, 200. 00 a$682,S93.10 33, 744. 78 92, 743. 34 72,675.20 48, 257. 52 $953. 88 $7, 126. 44 Improvement Hot Springs 94,112.00 82,000.00 48,257.52 1,368.66 9,324.80 Salaries and expenses Hot Claims for condemnation of buildings. Hot Springs Total 507,843.42 64,674.78 376, 569. 52 930, 313. 94 11,647.34 I' 7, 126. 44 Total revenues, $572,518.20. Total revenues and appropriations $949, 087. 72 Total expenditures, surplus, and balance 949,087.72 a Amount represents lumped expenditures. b This is on the revenue fund, and represents the Treasury balance. Cash in the hands of disbursing officers on December 31, 1907, amounted to $501.87, making the exact balance to the credit of the fund $7,628.31. o 1 E Ja '09 LIBRARY OF CONGRESS