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66

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act the wanton destruction of wild game animals or wild birds, the destruction of nests and eggs of such birds, or the killing of any wild birds other than a game bird or wild game animal for the purposes of shipment from Alaska is hereby prohibited. The term game animals" shall include deer, moose, caribou, sheep, mountain goats, bears, sea lions, and walrus. The term " game birds" shall include water fowl, commonly known as ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and curlew, and the several species of grouse and ptarmigan. Nothing in this act shall affect any law now in force in Alaska relating to the fur seal, sea otter, or any furbearing animal other than bears and sea lions, or prevent the killing of any game animal or bird for food or clothing by native Indians or Eskimo or by miners, explorers,

or travelers on a journey when in need of food, but the game animals or birds so killed shall not be shipped or sold.

SEC. 2. That it shall be unlawful for any person in Alaska to kill any wild game animals or wild birds except during the seasons hereinafter provided: Large brown bears from April fifteenth to June thirtieth, both inclusive; moose, caribou, walrus, and sea lions from September first to October thirty-first, both inclusive; deer, sheep, and mountain goats from September first to December fifteenth, both inclusive; grouse, ptarmigan, shore birds, and water fowl from September first to December fifteenth, both inclusive: Provided, That the Secretary of Agriculture is hereby authorized whenever he shall deem it necessary for the preservation of game animals or birds to make and publish rules and regulations which shall modify the close seasons hereinbefore established, or provide different close seasons for different parts of Alaska, or place further restrictions and limitations on the killing of such animals or birds in any given locality, or to prohibit killing entirely for a period not exceeding five years in such locality.

SEC. 3. That it shall be unlawful for any person at any time to kill any females or yearlings of moose, caribou, deer, or sheep, or for any one person to kill in any one year more than the number specified of each of the following game animals: Two moose, walrus, or sea lions; four caribou, sheep, goats, or large brown bears; eight deer; or to kill or have in possession in any one day more than ten grouse or ptarmigan, or twenty-five shore birds or water fowl.

That it shall be unlawful for any person at any time to hunt with hounds, to use a shotgun larger than number ten gauge, or any gun other than that which can be fired from the shoulder, or to use steam launches or any boats other than those propelled by oa's or paddles in the pursnit of game animals or birds. And the Secretary of Agriculture is authorized to make and publish such further restrictions as he may deem necessary to prevent undue destruction of game animals or wild birds.

SEC. 4. That it shall be unlawful for any person or persons at any time to sell or offer for sale any hides, skins, or heads of any game animals or game birds in Alaska, or to sell, or offer for sale therein, any game animals or game birds, or parts thereof, during the time when the killing of said animals or birds is prohibited: Provided, That it shall be lawful for dealers having in possession any game animals or game birds legally killed during the open season to dispose of the same within fifteen days after the close of said season.

SEC. 5. That it shall be unlawful for any person, firm, or corporation, or their officers or agents, to deliver to any common carrier, or for the owner, agent, or master of any vessel, or for any other person to receive for shipment, or have in possession with intent to ship out of Alaska, any hides or carcasses of caribou, deer, moose, mountain sheep, or mountain goat, or parts thereof: Provided, That nothing in this act shall be construed to prevent the collection of specimens for scientific purposes, the capture or shipment of live animals and birds for exhibition or propagation, or the export from Alaska of specimens and trophies under such restrictions and limitations as the Secretary of Agriculture may prescribe and publish.

SEC. 6. That any person violating any of the provisions of this act or any of the regulations promulgated by the Secretary of Agriculture shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit to the United States all game or birds in his possession, and all guns, traps, nets, or boats used in killing or capturing said game or birds, and shall be punished for each offense by a fine of not more than two hundred dollars or imprisonment not more than three months, or by both such fine and imprisonment, in the discretion of the court: Provided, That upon conviction for the second or any subsequent offense there may be imposed in addition a fine of fifty dollars for any violation of sections one and three, and a fine of one hundred dollars for a violation of section two. It is hereby made the duty of all marshals and deputy marshals, collectors, or deputy collectors of customs appointed for Alaska, and all officers of revenue cutters to assist in the enforcement of this act. Any marshal or deputy marshal may arrest without warrant any person found violating any of the provisions of this act or any of the regulations herein provided, and may seize any game, birds, or hides, and any traps, nets, guns, boats, or other paraphernalia used in the capture of such game or birds and found in the possession of said person, and any collector or deputy collector of customs, or any person authorized in writing by a marshal, shall have the power above provided to arrest persons found violating this act or said regulations and seize said property without warrant, to keep and deliver the same to a marshal or a deputy marshal. It shall be the duty of the Secretary of the Treasury upon request of the Secretary of Agriculture to aid in carrying out the provisions of this act: Provided, further, That nothing contained in the foregoing sections of this act shall be construed or held to prohibit or limit the right of the Smithsonian Institution to collect in or ship from the district of

Alaska animals or birds for the use of the Zoological Park in Washington, District of Columbia: Provided, further, That such heads and hides as may have been taken before the passage of this act may be shipped out of Alaska at any time prior to the first of July, anno Domini nineteen hundred and two.

Approved June 7, 1902.

APPENDIX P.

[PUBLIC-No. 157.]

AN ACT to redivide the district of Alaska into three recording and judicial divisions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district of Alaska be, and the same is hereby, divided into three recording and judicial divisions, as follows:

The first division shall include all that portion of said district east of the one hundred and forty-first degree of west longitude.

The second division of said district shall consist of all that territory lying west, northwest, and north of that certain line described as follows: Commencing at the mouth of the Colville River, on the north coast of the district of Alaska; thence following the Colville River south and west to a point where said river crosses the one hundred and fifty-fourth meridian line the second time; thence following the one hundred and fifty-fourth meridian line south to the west side of Tohtankella Mountain and to the Yukon River; thence in a southeasterly direction to the western side of Mount McKinley; thence in a southwesterly direction to the most northern point of Lake Clark; thence along the northwest side of Lake Clark to the sixtieth degree of north latitude; thence west along said degree of latitude to Kuskokwim Bay. This division shall also include the mainland west of said bay and all the islands north of the fifty-ninth degree of north latitude.

The third division shall consist of all that portion of the district of Alaska not included within the first or second divisions of said district as herein before described. This act shall take effect and be enforced from and after July first, nineteen hundred and two.

Approved June 13, 1902.

APPENDIX Q.

OFFICE CLERK UNITED STATES DISTRICT COURT,
DISTRICT ALASKA, THIRD DIVISION,
Eagle, Alaska, August 30, 1902.

DEAR SIR: Your letter of the 24th ultimo arrived during my absence down the river, and as I have neither clerk nor deputy at this point it could not be replied to until my return, and then we plunged into a busy term of court, during which sessions were held daily and until 11 o'clock each night, so that I had no time to segregate the information you desire. Our accounts are not kept in such manner as to readily furnish the information you seek.

Your first inquiry is, "Total amount of money received from licenses from the different sources.

My reply to this must be considered in connection with paragraph 552 of the instructions of August 1, 1902, which provide that "moneys deposited with applications for license must not be considered or treated as public funds until such applications are acted upon by the court.'

Since the arrival of the court in this division it has ordered licenses to be issued in the following amounts for the different lines of business (court arrived July 15, 1900):

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Your second inquiry is, "The amount set aside for the incorporated towns, naming the latter."

Prior to July 1, 1902, there was but one incorporated town in this division, viz, town of Eagle. I understand Valdez has been incorporated, and is now in this division. I have had no business with that town.

I have paid the treasurer of the town of Eagle $1,985.

Your third inquiry is, "The amount available for use by the Secretary of the Interior in the education of children in Alaska."

I presume that this inquiry is directed to the last provision in the act of March 3, 1901.

Since the passage of that act I have deposited to the credit of the Treasurer of the United States, to the account of "License fees received for business carried on outside incorporated towns," the sum of $5,209.42.

In this connection an explanation may be in order. Paragraph 7 of the supplement instructions to clerks of the district court in Alaska, adopted May 1, 1901, provides as follows: "It is suggested that as far as practicable a single fund be selected from which to make the payments ordered by the court."

The fund arising from "License fees received for business carried on outside incorporated towns" being the largest, and the only single fund that could be depended upon to pay the incidental expenses of the court, it was this fund which the court selected from which to make all payments ordered by the court. In addition to the expense for janitors, deputy clerks, stenographer, and supplies for the courthouses and jails, the court has expended over $8,000 for court-house and jail at Eagle, nearly $1,000 at Circle City, and over $2,000 at Rampart.

I have made no deposit to the credit of the Treasurer since depositing my balances at the end of the fiscal year ending June 30, 1902.

Respectfully,

Hon. JOHN G. BRADY,

A. R. REILIG, Clerk.

Governor of Alaska, Sitka.

APPENDIX R.

INTERNAL-REVENUE SERVICE,

DISTRICT OF OREGON, COLLECTOR'S OFFICE,

Portland, Oreg., August 7, 1902.

SIR: In compliance with the request contained in your letter of the 24th ultimo, I have the honor to submit the following statement, showing the amount of internalrevenue taxes collected by this office in the district of Alaska during the fiscal year ended June 30, 1902, to wit:

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