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CHAPTER 25.

March 8, 1878.

20 Stat. L., 26.

In case of vacan

AN ACT TO AMEND SECTION FOUR THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHT
OF THE REVISED STATUTES

In case of vacancy in office of pension agent during session of Senate, President may designate officer to perform duties temporarily, &c.

Be it enacted, &c., That whenever during a session of the Senate a cy in office of pen- vacancy shall occur in the office of Pension Agent, by reason of resig sion agent during session of Senate nation, death, removal or expiration of the term of office, or where any President may des- such agent lawfully appointed shall have failed to qualify and assume ignate officer to the duties of such office, the President may when the public exigency perform duties temporarily, &c. requires it, designate any officer of the United States to perform the R. S., 1769, duties of such office, but such designation shall not be for a longer time than twenty days,

4778.

And such officer so designated shall give bonds if required by the President for the faithful discharge of the said duties, and the Secretary of the Interior shall allow in the settlement of the accounts of such officer, the necessary expenses incurred by him in the discharge of his duties under this act.

The foregoing provisions shall apply to any vacancy now existing. [March 8, 1878.]

March 9, 1878. 20 Stat. L., 27.

but not to control

R. S., §§ 5595,

CHAPTER 26.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE PREPARATION
AND PUBLICATION of a NEW EDITION OF THE REVISED STATUTES OF THE UNITED
STATES", APPROVED MARCH SECOND, EIGHTEEN HUNDRED AND SEVENTY-SEVEN.
Revised Statutes; second edition to be evidence, but not to control acts passed since December 1, 1873.

Revised Stat- Be it enacted, &c., That an act entitled "An act to provide for the
utes; second edi- preparation and publication of a new edition of the Revised Statutes of
tion to be evidence, the United States", approved March second, eighteen hundred and
acts passed since seventy-seven, be, and the same is hereby, amended as follows, to wit:
Dec. 1, 1873.
By striking out from the ninth and tenth lines of section four as pub-
lished in the nineteenth volume of the Statutes at Large, the words
"and conclusive"; and, in the tenth line, the words "and treaties";
and, by inserting after the word "Territories" at the end of the eleventh
line, the following words, to wit: "but shall not preclude reference to,
nor control, in case of any discrepancy, the effect of any original act as
passed by Congress since the first day of December, eighteen hundred
and seventy-three." [March 9, 1878.]

5601.

1874, June 20, ch. 333.

1877, March 2,

ch. 82.

March 9, 1878.

20 Stat. L., 27.

District court of

CHAPTER 27.

AN ACT CHANGING THE TIMES OF HOLDING TERMS OF THE DISTRICT COURT FOR THE
DISTRICT OF WEST VIRGINIA.

District court of West Virginia; when to be held.

Be it enacted, &c., That hereafter the district court of the United West Virginia; States for the district of West Virginia shall be held at the times and R. S., § 572, 2a places following; but when any of said dates shall fall on Sunday the ed., p. 101. term shall commence the following Monday, to wit:

when to be held.

At the city of Wheeling, on the first day of March and the first day of September;

At Clarksburg, on the first day of April and the first day of October; At Charleston, on the first day of May and the first day of November. And all pending process, rules, and proceedings shall be conducted in the same manner and with the same effect as to time as if this act had not passed. [March 9, 1878.]

CAPTER 28.

AN ACT AMENDING THE LAWS GRANTING PENSIONS TO THE SOLDIERS AND SAILORS

OF THE WAR OF EIGIITEEN HUNDRED AND TWELVE, AND THEIR WIDOWS, AND
FOR OTHER PURPOSES.

March 9, 1878. 20 Stat. L., 27.

SECTION

SECTION 1. War of 1812; soldiers and sailors of, to be 4. What applications to be considered under this placed on pension-rolls.

act. 2. Persons excluded.

5. Restoration of certain pensioners who were Rate and term of pension.

stricken from rolls on account of rebellion. Widows.

- without pay during suspension. 3. Proof, and penalty for falso oath.

6. Pension given to widows and orphans of those Rolls may be corrected, &c.

who were so stricken off and died before Certificato of discharge and record evidence

restoration. not necessary.

7. Repeal. Grant of land-warrant prima facie evidence. Be it enacted, &c.

[SECTION 1], That the Secretary of the Interior be, and he is hereby, War of 1812; authorized and directed to place on the pension-rolls the names of the soldiers and sailors surviving officers and enlisted and drafted men, without regard to color, of, to be placed on including militia and volunteers, of the military and naval service of

pension-rolls.

R. S., Ø 4732– the United States, who served for fourteen days in the war with Great 4738. Britain of eighteen hundred and twelve, or who were in any engage.

16 Opin. Att’yment, and were honorably discharged, and the surviving widows of such Gen., 134. officers and enlisted and drafted men.

SEC. 2. That this act shall not apply to any person who is receiving Persons exa pension at the rate of eight dollars per month or more, nor to any

cluded. person receiving a pension of less than eight dollars per month except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month.

Pensions under this act shall be at the rate of eight dollars per Rate and term month, except as herein provided, and shall be paid to the persons of pension. entitled thereto, from and after the passage of this act, for and during their natural lives :

Provided, That the pensions to widows provided for in this act shall Widows. cease when they sball marry again.

SEC. 3. That before the name of any person shall be placed upon the Proof, and penpension-rolls under this act, proof shall be made, under such rules and alty for false oath. regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act;

And any person who shall falsely take any oath required to be taken under the provisions of this act shall be guilty of perjury;

And the Secretary of the Interior shall cause to be stricken from the Rolls may be corrolls the name of any person, when it shall appear, by proof satisfactory rected, &c. to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act.

The loss or lack of a certificate of discharge shall not deprive the Certificate of disapplicant of the benefit of this act, but other proof of the service per. charge and record formed and of an honorable discharge, if satisfactory, shall be deemed evidence not nec

essary sufficient; and when there is no record evidence of such service and such discharge, the applicant may establish the same by other satisfactory testimony:

Provided, That when any person has been granted a land-warrant Grant of landunder any act of Congress for and on account of service in the said warrant prima war of eighteen hundred and twelve, such grant shall be prima facie facie evidence. evidence of his service and honorable discharge, so as to entitle him, if living, or his widow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-warrant was improperly granted.

SEC. 4. That all applications for pensions of the classes provided for What applicain this act heretofore or which may hereafter be made shall be consid- tions to be consid

ered under this act. ered and decided as though made under this act;

R. S., 06 4642And all laws now in force in regard to the manner of paying pensions, 4791.

Restoration of

who were stricken

ion.

and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act.

SEC. 5. That the Secretary of the Interior be, and he is hereby, authorcertain pensioners ized and directed to restore to the pension-rolls the names of all persons from rolls on ac- now surviving heretofore pensioned on account of service in the war of count of the rebell- eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from the rolls in pur1862, ch. 18 (12 suance of the act entitled "An act authorizing the Secretary of the InStat. L., 337). 1867, Res. No. 46 terior to strike from the pension-rolls the names of such persons as have taken up arms against the government, or who have in any manner enR. S., § 3480, couraged the rebels," approved February fourth, eighteen hundred and sixty-two;

(14 Stat. L., 571).

4716.

1877, March 3, ch. 120.

And that the joint resolution (1) entitled "Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixty-seven, and section four thousand seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act: -without pay Provided, That no money shall be paid to any one on account of penduring suspension. sions for the time during which his name remained stricken from the rolls. Pension given to SEC. 6. That the surviving widow of any pensioner of the war of eightwidows and or- een hundred and twelve where the name of said pensioner was stricken phans of those who from the pension-rolls in pursuance of the act entitled "An act authoroff and died before izing the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, 1862, ch. 18 (12 or who have in any manner encouraged the rebels," approved February Stat. L., 337). R. S., $ 3480, fourth, eighteen hundred and sixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act:

were so stricken

restoration.

4716.

Repeal.

Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five:

And provided further, That under this act any widow of a Revolutionary soldier who served fourteen days or was in any engagement shall be placed upon the pension-rolls of the United States, and receive a pension at the rate of eight dollars per month.

SEC. 7. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. [March 9, 1878.]

NOTE. (1) The joint resolution here referred to of 18C7, No. 46 (14 Stat. L., 571), is incorporated into
Revised Statutes in § 3480.

March 13, 1878.

20 Stat. L., 29.

Railroad and

CHAPTER 32.

AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI
RIVER AT OR NEAR GLASGOW, MISSOURI.

SECTION

1. Railroad and wagon bridge may be built over
Missouri River at Glasgow, Mo.

2. Post-route; rate payable by United States.

3. How to be constructed.

-as a draw-bridge.

Opening of draw; signals.

Obstruction of navigation prohibited, &c.

Be it enacted, &c.

SECTIO N

Laws for protection of navigation of river not modified.

4. All railroad companies to have equal use of bridge.

5. Regulations by Secretary of War.

6. Act may be altered, &c.

[SECTION 1], That any corporation existing, or which may be organwagon bridge may ized, under the laws of the State of Missouri, be, and is hereby, authorbe built over Mis- ized to construct and maintain a bridge, and approaches thereto, over souri River at Glas- the Missouri River, at or near Glasgow, in the county of Howard, in

gow, Mo.
R. S., §§ 5244- said State.
5255.

Said bridge shall be constructed to provide for the passage of rail

1

way-trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers.

SEC. 2. That any bridge built under this act, and subject to its limita- Post-route; rate tions, shall be a lawful structure, and shall be recognized and known as payable by United

States. a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge;

And it shall enjoy the rights and privileges of other post-roads in the United States.

SEC. 3. That if said bridge shall be made with unbroken and continu- How to be conous spans, the spans thereof shall not be less than three hundred feet in structed. length in the clear, and the main span shall be over the main channel of the river.

The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high water mark as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river:

Provided, That if the same shall be constructed as a draw.bridge, the a' dra w draw or pivot shall be over the main channel of the river at an accessi. bridge. ble navigable point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge:

Provided also, That said draw shall be opened promptly, upon reason- Opening of able signal, for the passing of boats; and said company or corporation draw; signals. shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe.

No bridge shall be erected or maintained under the authority of this Obstruction of act which shall at any time substantially or materially obstruct the free navigation prohibnavigation of said river; and if any bridge erected under such authority ited, &c. shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made 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. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri, in which any portion of said obstruction or bridge inay be located:

Provided further, That nothing in this act shall be so construed as to Laws for protecrepeal or modify any of the provisions of law now existing in reference tion of navigation

of rivers not modito the protection of the navigation of rivers, or to exempt this bridge fied. from the operation of the same.

SEC. 4. That all railroad companies desiring the use of said bridge All railroad comshall have and be entitled to equal rights and privileges relative to the panies to have passage of railway-trains over the same, and over the approaches thereto,

equal use of bridge. upon payment of a reasonable compensation for such use;

And in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties.

SEC. 5. That any bridge authorized to be constructed under this act Regulations by shall be built and located under and subject to such regulations for the Secretary of War. security of navigation of said river as the Secretary of War shall pre.

scribe; and, to secure that object, the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, 'accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject;

And until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction,

such change shall be subject to the approval of the Secretary of War. Act may be al- SEC. 6. That the right to alter, amend, or repeal this act is hereby extered, &c.

pressly reserved. [March 13, 1878.]

CHAPTER 34.

March 15, 1878. AN ACT FURTHER TO SUSPEND THE OPERATIONS OF SECTION FIVE THOUSAND FIVE

HUNDRED AND SEVENTY-FOUR OF THE REVISED STATUTES OF THE UNITED STATES, 20 Stat. L., 30.

TITLE SEVENTY-TWO, IN RELATION TO GUANO ISLANDS.

Restriction upon taking guano from islands suspended until March 15, 1883. Restrictions upon taking guano

Be it enacted, &c., That section five thousand five hundred and seventyfrom islands sus- four, title seventy-two, of the Revised Statutes of the United States, be, pended until and the same is hereby, further suspended, as therein set forth, for the March 15, 1883.

period of five years next from and after the passage of this act. (March R. S., $ 5574.

15, 1878.]

CHAPTER 37.

March 16, 1878. 20 Stat. L., 30.

AN ACT TO MAKE PERSONS CHARGED WITH CRIMES AND OFFENCES COMPETENT WIT

NESSES IN THE UNITED STATES AND TERRITORIAL COURTS.

Defendants in criminal cases may be witnesses, &c.

Defend ants in

Be it enacted, &c., That in the trial of all indictments, informations, criminal cases may complaints, and other proceedings against persons charged with the be witnesses, &c.

R. S., jó 858, commission of crimes, offences, and misdemeanors, in the United States 1342, 1624. courts, Territorial courts, and courts-martial, and courts of inquiry, in

any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness.

And his failure to make such request shall not create any presumption against him. (March 16, 1878.]

CHAPTER 51.

April 8, 1878. AN ACT TO AMEND SECTION FIVE HUNDRED AND FORTY, CHAPTER ONE, TITLE THIR

TEEN, REVISED STATUTES OF THE UNITED STATES. 20 Stat. L., 35.

Judicial districts in Missouri; castern and western. Judicial districts Be it enacted, &c., That section five hundred and forty, of chapter one in Missouri; sub- and title thirteen of the Revised Statutes, be amended to read as follows: stitute for

“ SEC. 540. The State of Missouri is divided into two districts, which R. S., 0 540.

shall be called the eastern and the western district of Missouri. - eastern.

The eastern district includes the counties of Schuyler, Adair, Knox, Shelby, Monroe, Pike, Montgomery, Gasconade, Franklin, Washington,

Reynolds, Shannon, and Oregon, as they existed January first, eighteen - western. hundred and fifty-seven, with all the counties east of them. 1879, Jan. 21, ch. The western district includes the residue of said State. [April 8, 1878.] 20.

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