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DUTIES OF MARSHALS.

A Marshal is appointed in each district except in the district where no District Attorney is provided for, and for said district the Marshals of adjoining districts perform the duties.

Marshals may appoint deputies.

It is the duty of every Marshal to attend the District and Circuit Courts, and to execute throughout the district all lawful precepts directed to him, issued under the authority of the United States.

The maximum compensation of each Marshal is $6000 a year, made up also from fees.

UNITED STATES GOVERNMENT

IN THE TERRITORIES.

EXECUTIVE POWER.

The executive power of each Territory is vested in a Governor, who holds office for four years. He must reside in the Territory for which appointed, and is commander-in-chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures for offences against the laws of the Territory, and respites for offences against the laws of the United States, until the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and take care that the laws thereof are faithfully executed.

members, and the House of Representatives 24 members.

The members are chosen for the term of two years, and the sessions of the Assemblies are biennial, and limited to forty days.

All laws passed by the Legislative Assembly and Governor of any Territory (except Dakota, Idaho, Montana, and Wyoming) must be submitted to Congress, and, if disapproved, are null and void.

The legislative power of every Territory extends to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. No law can be passed interfering with There is also appointed a Secretary for the primary disposal of the soil; no tax each Territory, who holds office four imposed upon the property of the United years, and who must reside in the Terri-States; and the lands and other property tory for which he is appointed. In case of the death, removal, resignation, or absence of the Governor from the Terri

tory, the Secretary shall execute all the powers and perform all the duties of Governor during such vacancy or absence, or until another Governor is appointed and qualified.

of non-residents must not be taxed higher than the lands, etc., of residents.

The members receive a compensation of $4 per diem, each, during the session of forty days, and mileage, which is $3 for every 20 miles of travel in going to and returning from the sessions, in New Mexico, Utah, Washington, Dakota, Arizona, and Wyoming; and $4 in Idaho and Montana; the President of the Council and the Speaker of the House receive

It is the duty of the Secretary to record and preserve all laws and proceedings of the Legislative Assembly, and all acts and proceedings of the Governor in the Ex-$6 a day each. ecutive Department; and to prepare the acts passed by the Assembly for publi

cation.

LEGISLATIVE POWER.

The following subordinate officers are provided for each branch of every Territorial Legislative Assembly:

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One chief clerk, per day, $6; rolling clerk, 1 engrossing clerk, and 1 sergeant-at-arms at $5 per day, each; The legislative power in each Terri- 1 doorkeeper, at $5 per day; 1 messentory is vested in the Governor and a Legis-ger and 1 watchman, at $4 per day each; lative Assembly. The Legislative As- and 1 chaplain, at $1.50 per day during sembly consists of a Council and House the sessions. of Representatives. The members must have the qualifications of voters. The Council of each must not exceed 12

Every Territory has the right to send a Delegate to the House of Representatives of the United States.

JUDICIAL POWER.

The judicial power, in all the Territories except Arizona, is vested in a Supreme Court, District Courts, Probate Courts, and in justices of the peace; in Arizona, in a Supreme Court, and in such inferior courts as the Legislative Council may by law prescribe.

The Supreme Court consists of one chief justice and two associate justices, any two of whom constitute a quorum, who hold office for four years, and until their successors are appointed and qualified. In Dakota three associate justices are provided for. They must hold a term annually at the seat of government of the Territory for which they are respectively appointed.

Every Territory is divided into three judicial districts; and a District Court is held in each district by one of the justices of the Supreme Court, at such time and place as is prescribed by law, and each judge, after assignment, must reside in the district to which he is assigned.

Each Supreme Court appoints its own clerk, whose compensation is made up from fees; and each judge of the Supreme Court appoints a clerk of the District Court over which he presides.

There is appointed in each Territory a person learned in the law to act as attorney for the United States, who holds office for four years, and until his successor is appointed and qualified.

There is also a marshal for each Territory, appointed for the same term. He executes all processes issuing from the Territorial courts, when exercising their jurisdiction as Circuit and District Courts of the United States.

The compensation of the attorney of the United States for each Territory is not to exceed $6000 a year; $250 of which is salary, and the remainder is made from fees of office, except the one for Utah, which must not exceed $3500 a

year.

The compensation of each marshal is the same as that of each attorney, Utah not excepted.

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The District of Columbia is governed by a commission of three persons, appointed by the President, by and with the advice and consent of the Senate, one of whom must be an officer of the Engineer Corps of the army above the rank of captain, and the other two are appointed from civil life. The compensation of the latter, who hold office for a term of three years, is $5000 per annum each, and the military member receives his pay and allowances as an officer of

UNITED STATES OFFICERS IN EACH the army, and no more.
TERRITORY,
ARIZONA.

Each of the Commissioners must, before entering on the discharge of his duties, take an oath to support the Constitution of the United States, and to faithfully discharge the duties imposed 1800 upon him by law; and each of the ComInterpreter and translator............................................................. 500 missioners appointed from civil life must

Per Annum.
$2600

Governor, chief justice, and two associate judges, each........................

Secretary

give bond in the penal sum of $50,000, to be approved by the Secretary of the Treasury.

The President may detail from the Engineer Corps of the army not more than two officers of subordinate rank to the Engineer Commissioner, to act as assistants to him, and to have control and charge, subject to the general supervision of the Commissioners, of the work of repair and improvement of all streets, avenues, alleys, sewers, roads, and bridges in the District of Columbia.

The Commissioners exercise such powers only as are conferred upon them specifically by act of Congress.

It is the duty of the Commissioners to submit annually to the Secretary of the Treasury, for his examination and approval, a statement, showing in detail the works proposed to be undertaken by them during the fiscal year next ensuing, and the estimated cost thereof; the cost of constructing, repairing, and maintaining all bridges across the Potomac River; the cost of maintaining all public institutions of charity, reformatories, and prisons belonging to or controlled in whole or in part by the District of Columbia; the expenses of the Washington Aqueduct and its appurtenances; and an itemized statement and estimate of the amount necessary to defray the expenses of the government of the District of Columbia for each fiscal year.

The Secretary of the Treasury must consider the estimates, and approve, disapprove, or suggest such changes in the same as he may think the public interest demands. He must then make a certified statement of the amount approved by him, which, together with the original estimates, he must deliver to the Commissioners, who must then transmit them to Congress. To the extent to which Congress shall approve said estimates Congress shall appropriate the amount of fifty per centum thereof, the remaining fifty per centum to be raised by taxation of private property. The rate of taxation is $1.50 on every $100, according to cash valuation.

There are nineteen trustees of public schools, who are appointed by the Commissioners, and they serve without compensation.

A physician is appointed by the Commissioners to the Health Officer, at a compensation of $3000 a year, whose duty it is, under the direction of the Commissioners, to execute all laws and regulations relating to the public health and vital statistics. They may also appoint, on the recommendation of the Health Officer, not exceeding six Sanitary Inspectors, at a compensation of $1200 a year each, two of whom must be physicians, and one a person skilled in matters of drainage and ventilation.

17

SMITHSONIAN INSTITUTION.

SMITHSONIAN BEQUEST. WILL OF

JAMES SMITHSON.

I, James Smithson, son of Hugh, first Duke of Northumberland, and Elizabeth, heiress of the Hungerfords of Audley, and niece of Charles the Proud, Duke of Somerset, now residing in Bentinck Street, Cavendish Square, do this 23d day of October, 1826, make this my last will

and testament.

I bequeath the whole of my property of every nature and kind soever to my bankers, Messrs. Drummonds, of Charing Cross, in trust, to be disposed of in the following manner, and desire of my said executors to put my property under the management of the Court of Chancery. To John Fitall, formerly my servant, but now employed in the London Docks, and residing at No. 27 Jubilee Place, North Mile End, Old Town, in consideration of his attachment and fidelity to me, and the long and great care he has taken of my effects, and my having done but very little for him, I give and bequeath the annuity or annual sum of £100 sterling for his life, to be paid to him quarterly, free from legacy, duty, and all other deductions, the first payment to be made to him at the expiration of three months after my death. I have at divers times lent sums of money to Henry Honore Juilly, formerly my servant, but now keeping the Hungerford Hotel, in the Rue Caumartin at Paris, and for which sums of money I have undated bills or bonds signed by him. Now, I will and direct that if he desires it, these sums of money be let remain in his hands at an interest of five per cent. for five years after the date of the present will.

To Henry James Hungerford, my nephew, heretofore called Henry James Dickinson, son of my late brother, Lieut.Col. Henry Louis Dickinson, now residing with Mr. Auboin, at Bourg la Reine, near Paris, I give and bequeath for his life the whole of the income

arising from my property of every nature and kind whatever, after the payment of the above annuity, and after the death of John Fitall that annuity likewise, the payments to be at the time the interest or dividends become due on the stocks or other property from which the income arises. Should the said Henry James Hungerford have a child or children, legitimate or illegitimate, I leave to such child or children, his or their heirs, executors, and assigns, after the death of his, her, or their father, the whole of my property of every kind absolutely and forever, to be divided between them, if there is more than one, in the manner their father shall judge proper, and in case of his omitting to decide this, as the Lord Chancellor shall judge proper.

Should my nephew Henry James Hungerford marry, I empower him to make a jointure.

In case of the death of my said nephew without leaving a child or children, or of the death of a child or children he may have had under the age of twentyone years or intestate, I then bequeath the whole of my property, subject to the annuity of £100 to John Fital, and for the security and payment of which I mean stock to remain in this country, to the United States of America, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men.

I think it proper here to state, that all the money which will be standing in the French five per cents. at my death in the names of the father of my above-mentioned nephew, Henry James Hungerford, and all that in my name, is the property of my said nephew, being what he inherited from his father, or what I have laid up for him from the savings upon his income.

JAMES SMITHSON. [L.S.]

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