Soldiers, &c., to have transporta tion to obtain artificial limbs. R. S., § 4791. Act not subject to provisions of former act, 1874, June 18, ch. 299. And the period of five years shall be held to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. SEC. 2. That necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs: Provided That this act shall not be subject to the provisions of an act entitled "An act to increase pensions," approved June eighteenth, eighteen hundred and seventy-four. [August 15, 1876.] Aug. 15, 1876. 19 Stat. L., 204. CHAPTER 301. AN ACT [an act] TO INCREASE THE CAVALRY FORCE OF THE UNITED STATES, TO AID IN SUPPRESSING INDIAN HOSTILITIES Number of enlisted men in cavalry may be increased. Increase not to continue after Indian hostilities Number of en- Be it enacted, &c., That the President of the United States be, and he listed men in cav- is hereby, empowered to increase the number of enlisted men to one alry may be in- hundred for each company of such regiments of cavalry as may be emR. S., §§ 1102, ployed in existing Indian hostilities and as in his opinion may require creased. 1115. 226. the same: - adding not more Provided, That not more than twenty-five hundred enlisted men shall than 2,500 men to thus be added at any one time to the twenty five thousand authorized Army above limit by the act approved July twenty-fourth, eighteen hundred and seventyof 25,000. 1876, July 24, ch. six, making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven:" And provided further, That on the cessation of existing Indian hostilcontinue after In- ities, the number of enlisted men in the Army shall be reduced to the number now established by law; and provided that the reduction shall not be made from the cavalry force of the Army. [August 15, 1876.] Increase not to dian hostilities cease. CHAPTER 302. Aug. 15, 1876. 19 Stat. L., 204. Commodores AN ACT RELATING TO THE PROMOTION OF COMMODORES ON THE RETIRED LIST OF THE NAVY. Commodores who were citizens of States in rebellion and adhered to the Union, &c., may be promoted to rear-admirals on retired list. Be it enacted, &c., That Section one thousand four hundred and sixty who were citizens of the Revised Statutes, to wit: (!) of States in rebel· lion and adhered to the Union, &c., may be promoted to rear-admirals on retired list, &c. R. S., 6 1460. "There may be allowed upon the retired list of the Navy nine rearadmirals by promotion on that list: Provided, That this section shall not prevent the Secretary of the Navy from promoting to the grade of rear-admiral on the retired list, in addition to the number herein provided, those commodores who have commanded squadrons by order of the Secretary of the Navy, or who have performed other highly meritorious service," be amended by adding thereto the following words: "Or who, being at the outbreak of the late war of the rebellion citizens of any State which engaged in such rebellion, exhibited marked fidelity to the Union in adhering to the flag of the United States." [August 15, 1876.] NOTE.—(1) This amendment is incorporated in § 1460 of the Revised Statutes, in the second edition. CHAPTER 303. AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI RIVER Aug. 15, 1876. 19 Stat. L., 205. [SECTION 1], That it shall be lawful for the Sioux City Bridge Com- Bridge across pany, a corporation organized for that purpose under the general cor- Missouri River poration laws of the State of Iowa, or its assigns, to construct, under ed by Sioux City may be constructand subject to the conditions and limitations hereafter provided, a bridge Bridge Company. across the Missouri River at or near Sioux City, Iowa and lay on and over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at or near Sioux City, or to the river on the opposite side of the same near Sioux City, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and operate said bridge for the purposes aforesaid; And that when said bridge is constructed all trains of all railroads -all connecting terminating at said river, and on the opposite side thereof, at or near railroads may have Sioux City, Iowa, shall be allowed to cross said bridge for reasonable use of, &c. compensation, to be made to the owners of the same, under the limita tions and conditions hereinafter named. The owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles animals and foot-passengers: - tolls on. Congress may Provided, That Congress may at any time prescribe such rules, regulations and rates of toll for transit and transportation over said bridge prescribe rules, &c. as may be deemed proper and reasonable. SEC. 2. That any bridge built under the provisions of this act may, at the option of the person or persons or corporation building the same, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans: Bridge, how to be built. Provided, That if the same shall be made of unbroken continuous of unbroken conspans, it shall not be, in any case, of less elevation than fifty feet above tinuous spans. extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low water-mark; and the piers of said bridge shall be parallel with the current of the river; and the main span shall be over the main channel of the river: And provided also, That if a bridge shall be built under this act as a -if as a drawdraw-bridge, the same shall be constructed as a pivot draw-bridge, with bridge. a draw over the main channel of the river at an accessable and navagable point and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river: Draw to be promptly opened. Company may confine water to permanent channel. Plans for erec tions on banks of river. A pile or pon be built. 224. And provided also, That said draw shall be opened promptly upon reasonable signal, without unnecessary delay: And provided further, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said objects, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property; And all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: And provided further, That if said company shall elect to construct a toon bridge may pile and pontoon bridge in lieu of that described above, the Secretary 1874, June 6, ch. of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof contained in the act entitled "An act to legalize and establish a pontoon-bridge across the Mississippi River at Prairie du Chien” approved June sixth, eighteen hundred and seventy-four, accept that in the bridge herein authorized one draw only shall be required, which shall not be less than four hundred feet in width in the clear: Bridge to be at right angles to cur rent. -not to obstruct navigation. Secretary of War to approve plans; alterations, &c. -may cause alter ations in order to And provided further, That any bridge built under the provisions of this act shall be at right-angles to the current of the river. SEC. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; And no bridge shall be commenced or built under this act until the location thereof and the plans and specifications for its construction shall have been submitted to, and approved by, the Secretary of War; and any change in the plan of such construction or any alteration in the bridge after its construction shall be subject to the like approval; And whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby prevent obstruc- authorized to cause such change or alteration of said bridge to be made tion to navigation. as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge; In case of litiga And in case of any litigation arising from any obstruction or alleged tion, where suits obstruction to the free navigation of the Missouri River at or near the to be brought. crossing of said bridge caused or alleged to be caused thereby, the cause shall be commenced and tried in the district courts of either judicial district of Iowa or Nebraska in which the said bridge or any portion of such obstruction touches. United States re SEC. 4. That any bridge built under this act and according to its limservo rights for itations shall be a lawful structure, and shall be recognized and known post-road and as to as a post-route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to such bridge. charges for transportation. Such lights shall be kept upon said bridge as the Light-House Board shall direct, and said bridge shall moreover be provided with all proper safeguards for the security of person and property. SEC. 5. That Congress may at any time alter, amend, or repeal this act. [August 15, 1876.] CHAPTER 304. AN ACT TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONERS FOR TAKING AFFIDA- Notaries public of States, &c., may take depositions, acknowledgments, and affidavits to be used in Aug. 15, 1876. 19 Stat. L., 206. Be it enacted, &c., That notaries public of the several States, Territo- Notaries public ries, and the District of Columbia be, and they are hereby, authorized of States, &c., may to take depositions, and do all other acts in relation to taking testimony take depositions, acknowledgments, to be used in the courts of the United States, take acknowledgments and affidavits to and affidavits, in the same manner and with the same effect as commis- be used in United sioners of the United States circuit court may now lawfully take or do. States courts. [August 15, 1876.] R. S., § 1778. 1874, June 22, ch. 390, § 20. CHAPTER 307. AN ACT TO CREATE AN ADDITIONAL LAND OFFICE AT COLFAX, WHITMAN COUNTY, WASH Aug. 15, 1876. 19 Stat. L., 207. Be it enacted, &c. Whitman land [SECTION 1], That the President of the United States be, and he is district estabhereby, authorized to establish an additional land-district in the Terri- lished. tory of Washington, which district shall be bounded as follows, namely: R. S., §2256, par. Commencing at a point where the Columbia guide-meridian intersects the third standard parallel in said Territory; thence east along the line of said standard parallel to where the same intersects Snake River; thence along said Snake River to where the same intersects the boundary-line between Washington Territory and Idaho Territory; thence north on said boundary-line to where the same intersects the boundaryline between Washington Territory and British Columbia; thence west along said line to where the same intersects the aforementioned Columbia guide-meridian; thence south along the line of said meridian to the place of beginning. Said district, as above bounded, shall be known and designated as the - with office at Whitman district, and the office of said district shall be located at the Colfax, until town of Colfax, or at such place as the President may direct, in the Ter- changed by Presiritory of Washington; and the President of the United States shall have dent. power to change the location of said land-office, in said Territory, from time to time, as the public interests may seem to require. SEC. 2. That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and a receiver for the district hereby created, who shall each reside in the place where said land-office is located, and shall have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land officers in said Territory. Register and receiver for. R. S., §§ 22342247. Public lands in, SEC. 3. That the public lands in said district shall be subject to sale and disposal upon the same terms and conditions as other public lands subject to sale. of the United States: Provided, That all sales and locations made at the office of the old district of land situated within the limits of the new district, which shall be valid and right in other respects up to the day on which the new office shall go into operation, be, and the same are hereby confirmed. [August 15, 1876.] CHAPTER 308. Aug. 15, 1876. 19 Stat. L., 208. Lands of Otoe AN ACT TO PROVIDE FOR THE SALE OF A PORTION OF THE RESERVATION OF THE to be sold to actual settlers in part for cash. -or deferred payments. - not to be sold for less than appraisal. Be it enacted, &c. SECTION 4. Disposition of proceeds. 6. Plats and note-books. Fees of register and receiver. 7. Sac and Fox reservation in Kansas and Nobraska may be sold on same terms. [SECTION 1], That, with the consent of the Otoe and Missouria tribes and Missouria In- of Indians expressed in open council, (1) the Secretary of the Interior is dian reservation authorized to cause to be surveyed the reservation of said Indians lying may be surveyed. 1879, March 3, in the States of Kansas and Nebraska. ch. 190. SEC. 2. That the lands so surveyed shall be appraised by three comMarch 3, missioners, one of whom shall be designated by said Indians in open to be appraised. Council, and the other two by the Secretary of the Interior. ch. 128. to be sold to actual settlers, in part, for cash. Repeal and substitute, 1879, March 3, ch. 190. or deferred payments. (Rep.) [SEC. 3. That after the survey and appraisement of said lands, the Secretary of the Interior shall be, and is hereby, authorized to offer one hundred and twenty thousand acres from the western side of the same for sale, through the United States public land-office, at Beatrice, Nebraska, for cash to actual settlers only, in tracts not exceeding one hundred and sixty acres to each purchaser: Provided, That if, in the judgment of the Secretary of the Interior, it shall be more advantageous to sell said lands upon deferred payments, he may, with the consent of the Indians expressed in open council, dispose of the same upon the following terms as to payments, that is to say, one-third in cash, one-third in one year, and one-third in two years from date of sale, with interest at the rate of six per centum per annum : And provided further, That no portion of said land shall be sold at for less than ap- less than the appraised value thereof, and in no case less than two dolpraised. lars and fifty cents per acre.] not to be sold Disposition of proceeds. Pay of apprais ers. Plats and notebooks. Fees of register and receiver. be sold on same terms. SEC. 4. That the proceeds of said sale shall be placed to the credit of said Indians in the Treasury of the United States, and bear interest at the rate of five per centum per annum which income shall be expended for the benefit of said tribes under direction of the Secretary of the Interior. SEC. 5. That the commissioners for the appraisement of said lands shall be paid for their services at the rate of five dollars per day while actually employed, and their actual expenses; which sum, together with the cost of survey, and all other necessary incidental expenses of the execution of this act, shall be paid from the money realized by the sale of said lands. SEC. 6. That certified copies of the plats and field-notes of said lands when surveyed shall be prepared under the direction of the Secretary of the Interior, and kept in the land-office at Beatrice, Nebraska, to be used as other official plats and notes; And the register and the receiver shall be allowed such fees only for the sale of said lands as are now authorized by law in case of sales of public lands of the United States, to be paid out of the moneys arising from the sale thereof. Sac and Fox res- SEC. 7. That whenever the Sac and Fox of the Missouri tribe of Inervation in Kansas dians shall, in open council in the usual manner, express their consent and Nebraska may thereto, (2) the Secretary of the Interior shall be, and hereby is, authorized, in like manner and upon the same terms prescribed in the preceding sections of this act, to cause to be offered for sale a portion of their reservation lying in the States of Kansas and Nebraska, not exceeding in quantity ten sections of land to be taken from the western portion thereof; and the proceeds arising therefrom shall be used for the benefit of said tribe as the Secretary of the Interior may direct. [Became a law August 15, 1876, by two-thirds vote of each house of Congress, notwithstanding the President's veto.] NOTES. (1) The consent of the Otoe and Missouria Indians was given December 6, 1876. |