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SEC. 2. That any bridge built under this act and subject to its limi- Lawful structations shall be a lawful structure and shall be recognized and known ture and postas a post-route, and it shall enjoy the rights and privileges of other Proviso. post-roads in the United States: Provided, That the United States may Postal construct a postal telegraph over said bridge without charge therefor. graph. SEC. 3. That any bridge authorized to be constructed under this act Security of shall be built and located under and subject to such regulations for navigation." the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said county 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 Maps, designs, of one mile above and one mile below the proposed location, the topog- etc. raphy 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 con- War to approve location, etc. struction, such change shall be subject to the approval of the SecreChange of tary of War. And the said bridge shall be at all times so managed and plan. kept as to offer reasonable and proper means for the passage of vessels through or under said bridge; and to secure the safe passage of vessels at night there shall be displayed on said bridge, from sunset to sunrise, vessels. such lights or other signals as may be prescribed by the Light-House Lights, etc.

Board.

Secretary of

Passage of

SEC. 4. That the right to alter, amend, or repeal this act is hereby Amend ment, exprsssly reserved, and the right to require any changes in said struc- etc. ture, or its entire removal at the expense of the owners thereof, when- Structural ever Congress shall decide that the public interest requires it, is also changes, etc. expressly reserved.

com

SEC. 5. That this act shall be null and void if actual construction Commenceof the bridge herein authorized be not commenced within one year ment and and completed within three years from the date hereof. Approved, February 13, 1891.

pletion.

CHAP. 248.-An act to provide for the selection of a site for a military post.at San
Diego, California, and for other purposes.

February 21,

1891.

San Diego, Cal.
Military post

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to cause an examination to and harbor debe made for a suitable site for a military post and harbor defenses at fenses. or near the city of San Diego, in the State of California, and to report Site. to Congress a particular description of the land required for such pur and report. poses and the amount of money for which the owners of such land will convey the same to the United States for the purposes aforesaid. He

Examination

shall further report what in his opinion is the value of such land, and Appraisement. if the price asked for the same is reasonable.

Approved, February 21, 1891.

CHAP. 252.-An act to facilitate the collection of commercial statistics required February 21, by section two of the river and harbor appropriation acts of eighteen hundred and 1891. sixty-six and eighteen hundred and sixty-seven.

statistics at river

Vol. 14, pp. 73.

Be it enacted by the Senate and House of Representatives of the United Commercial States of America in Congress assembled, That owners, agents, masters, and harbor works. and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, 421. on application of the persons in local charge of the works, a comprebensive statement of vessels, passengers, freight, and tonnage. SEC. 2. That every person or persons offending against the provi- Penalty.

Vessel owners, etc., must furnish statement.

Enforcement.

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sions of this act shall, for each and every offense, be liable to a fine of one hundred dollars, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed.

Approved, February 21, 1891.

February 24, 1891.

CHAP. 283.-An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Fortifications States of America in Congress assembled, That the sums of money herein appropriations. provided for be, and the same are hereby, appropriated, out of any Available un moneys in the Treasury not otherwise appropriated, to be available til expended. until expended, namely:

Preservation

and repair.

Plans.

Shore at Fort Monroe, Va.

Water.

Torpedoes.

Torpedo station, Yerba Bu ena Island, Cali.

fornia.

Gun and mor

PRESERVATION AND REPAIR OF FORTIFICATIONS: For the protection, preservation, and repair of fortifications for which there may be no special appropriation available, eighty thousand dollars.

For preparation of plans for fortifications, five thousand dollars. For protection of the shore at Fort Monroe, Virginia, tweuty-seven thousand dollars.

Artesian well at Fort Monroe, Virginia: For obtaining water for the garrison, six thousand dollars.

TORPEDOES FOR Harbor DEFENSE: For the purchase of submarine mines and necessary appliances to operate them for closing the channels leading to our principal seaports, fifty thousand dollars.

For needful casemates, and cable galleries, to render it possible to operate submarine mines, fifty thousand dollars.

For construction of a wharf, a keeper's dwelling, and for a water supply for the torpedo station at Yerba Buena Island, California, sixteen thousand dollars.

GUN AND MORTAR BATTERIES: For construction of gun and mortar tar batteries: batteries for defense of Boston Harbor, New York Harbor, San FranBoston, New York, San Francisco Harbor, Hampton Roads, and Washington, seven hundred and cisco, Hampton, fifty thousand dollars.

Washington.

Sites for forti

fications and seacoast defenses.

Under super

SITES FOR FORTIFICATIONS AND SEACOAST DEFENSES: For the procurement of land, or right pertaining thereto, needed for the site, location, construction, or prosecution of works, for fortifications and coast defenses, five hundred thousand dollars, or so much thereof as may be necessary.

For the following, to be expended under the direct supervision of vision of Board, the Board of Ordnance and Fortification, created by the fortification Vol. 25, p. 489. appropriation act, approved September twenty-second, eighteen hundred and eighty-eight, and in the manner prescribed by said act, namely:

Board of Ord.

cation.

BOARD OF ORDNANCE AND FORTIFICATION: To enable the board to nance and Forti- make all needful and proper purchases, experiments, and tests to ascerExperimental tain, with a view to their utilization by the Government, the most tests, etc.. of effective guns, small arms, cartridges, projectiles, fuses, explosives, guns, explosives, torpedoes, armor-plates, and other implements and engines of war, projectiles, ar and to purchase, or cause to be manufactured under authority of the mor-plates, etc. Secretary of War, such guns, carriages, armor-plates, and other war materials and articles as may, in the judgment of the board, be necessary in the proper discharge of the duty devolved upon it by the act approved September twenty-second, eighteen hundred and eighty-eight, one hundred and fifty thousand dollars.

etc.

Appointment

And one additional member shall be added to said Board of Ordnance of one additional and Fortification who shall be a civilian and not an ex-officer of the member of Board Civilian. regular Army or Navy, and he shall be nominated by the President, Compensation, and by and with the advice and consent of the Senate, appointed, and shall be paid a salary of five thousand dollars per annum and actual traveling expenses when traveling on duty: Provided, That the Board of Orduance and Fortification shall make an annual report to Congress through the Secretary of War, on the first Monday in December in each year, showing the general operations of the Board and shall

Proviso.

Annual Report.

give a detailed statement of all contracts, allotments and expenditures made by the Board; the first of these reports to cover these subjectmatters from the beginning of the operations by the Board until the first report which they shall make.

Laws, lat sess., 51st Cong., p. 319,

That section two of "An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procure- modified. ment of heavy orduance for trial and service, and for other purposes," approved August eighteenth, eighteen hundred and ninety, is hereby modified and enlarged so that the amount authorized to be ex- Maximum limit of expenditure pended thereunder be increased to four million two hundred and fifty enlarged. thonsand dollars, to be expended on the terms and conditions and for Reservation. the purposes therein set forth, except that fifty thousand of said sum shall be reserved to cover all expenses other than the powder and pro- Decreased numjectiles incident to the tests and inspection of the guns, and also that ber of heavy guns the Secretary of War be authorized to contract thereunder for such may be pur less number of guns than one hundred as he may deem for the best in- chased. terests of the Government.

That all material purchased under the foregoing provisions of this act shall be of American manufacture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, which material shall be admitted free of duty.

Approved, February 24, 1891.

American man.

ufacture.
Exception.
Foreign
terial, duty free.

ma

February 24,

CHAP. 284. -An act making appropriations for the support of the Army for the
fiscal year ending Jane thirtieth, eighteen hundred and ninety-two, and for other 1891.
purposes.

Be it enacted by the Senate and House of Representatives of the United Army appro-
States of America in Congress assembled, That the following sums be, and priations.
they are hereby, appropriated, out of any money in the Treasury not
otherwise appropriated, for the support of the Army for the year end-
ing June thirtieth, eighteen hundred and ninety-two:

MISCELLANEOUS.

For additional pay to officer in charge of public buildings and Public buildgrounds, in Washington, District of Columbia, one thousand dollars. ings, Washing

ENGINEER DEPARTMENT.

ton, D. C.

Engineer De partment.

penses.

Engineer depot at Willets Point, New York: Incidental expenses of Incidental exthe depot, including fuel, lights, chemicals, stationery, hardware, extra duty pay to soldiers necessarily employed for periods of not less than ten days as artificers on work in addition to and not strictly in line of their military duties, such as carpenters, blacksmiths, draughtsmen, printers, lithographers, photographers, engine-drivers, teamsters, wheelwrights, masons, machinists, painters, overseers, laborers, repairs of and for materials to repair public buildings, machinery, and unforeseen expenses, five thousand dollars.

For purchase of materials for the instruction of engineer troops at Willets Point in their special duties of sappers, miners, for land and submarine mines, and pontoneers, torpedo drill and signaling, three thousand five hundred dollars.

For purchase and repairs of instruments to be issued to officers of the Corps of Engineers, and to officers detailed and on duty as acting engineer officers for use on public works and surveys, two thousand dollars.

Library of the Engineer School of Application: Purchase and binding of professional works of recent date treating of military and civil engineering, and kindred scientific subjects, five hundred dollars.

New building,

etc.

For fireproof building to replace engineer depot store house destroyed by fire May tenth, eighteen hundred and ninety, for storing intrenching tools, bridge equipage, pontoon material, and general stores, sixteen thousand dollars. In all, twenty-seven thousand dollars.

Approved, February 24, 1891.

February 24,1891.

CHAP. 286.-An act to authorize the construction of a bridge across the Saint Lonis River between the States of Wisconsin and Minnesota.

Duluth, Red Be it enacted by the Senate and House of Representatives of the United Wing and South States of America in Congress assembled, That the Duluth, Red Wing and ern Railroad Southern Railroad Company, a corporation organized and existing unCompany and Superior Belt der the laws of the States of Wisconsin and Minnesota, and the SupeLine and Ter- rior Belt Line and Terminal Railway Company, a corporation existing minal Railway under the laws of Wisconsin, be, and are hereby, authorized to construct Company may bridge Saint and maintain a bridge, and approaches thereto, over the Saint Louis Louis River be- River between the States of Minnesota and Wisconsin at the most feasitween Minn. and ble point in the State of Wisconsin, in section ten or eleven, township forty-eight north, of range fifteen west, to a point opposite in the State Railway, or rail. of Minnesota. Said bridge shall be constructed to provide for the pasway, wagon, and sage of railway trains, and, at the option of the said corporation by foot bridge. Toll.

Wis.

Location.

Security of nav. igation.

which it may be built, may be used for the passage of wagons and vehicles of all kinds, and for the transit of animals, and for foot passengers; and all for such reasonable rates of toll in all cases as may be approved from time to time by the Secretary of War.

SEC. 2. That any bridge built under this act shall be built and constructed without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, and in order to secure compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel way for navigation, and confine the flow of water to a permanent channel at said point, shall Secretary of War submit to the Secretary of War a plan of the bridge and accessory to approve plans, works provided for in this act, together with a detailed map of the river at the proposed site of the bridge, and for a distance of a mile above and below the site, with all such other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether said bridge, when built, will conform to the prescribed conditions of this act.

etc.

Pivot draw.

Span.

Provisos.

SEC. 3. That the bridge built under this act shall be constructed as a pivot drawbridge with a draw over the main channel of the river at an accessible and best navigable point, and with a span of not less than one hundred and ten feet in length in the clear on each side of the cen tral or pivot pier of the draw, measured at right angles to the axis of the channel: Provided, That the said draw shall be opened promptly Opening of draw. upon reasonable signal for the passage of boats, vessels, and other water craft: Provided, however, That no bridge shall be built under the provisions of this act, except there also be built, at the time of the erecSheer booms, etc. tion of the piers, proper sheer booms or other protections to safely guide boats, vessels, rafts, and other water craft through said spans, and at the expense of the company or corporation erecting said bridge; and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.

Lights, etc.

SEC. 4. That the Secretary of War is hereby authorized and directed, upon receiving any such plan and map and other information, and upon being satisfied that the bridge built on such plan and with such accessory works and at such locality will conform to the prescribed condiNotification of tions of this act, to notify the company that he approves the same: approval. and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of said bridge and accessory works and notify the company of the same, the bridge shall not be built or commenced; and should any

Limitation.

change be made in the plan of the bridge or accessory works during Change of plan.
the progress of the work thereon, such change shall be subject likewise
to the approval of the Secretary of War, not, however, to be in any-
wise inconsistent with the provisions or conditions of this act: Pro- Proviso.
vided, That if at any time, in the opinion of the Secretary of War, a

raft span in said bridge shall be necessary for the interests of commerce Raft span.
the said company shall put in a span of such width, not less than one
hundred and fifty feet, as the Secretary of War may direct.

Lawful strucand

route.

post

SEC. 5. That any bridge and accessory works when built and constructed under this act and according to the terms and limitations ture thereof shall be a lawful structure; and said bridge shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of the other post routes in the United States; and Congress reserves the right at any time to regulate by proper legisla- Freight, etc.. tion the charges for freight and passengers over said bridge; and the charges. United States shall have the right of way for postal telegraph and telephone lines free of charge across said bridge.

Postal telegraph.

Use by other railroad compa

nies.

Secretary of War to decide. Aids to navigation.

SEC. 6. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and over the approaches thereto, upon the payment of a reasonable compensation Terms. 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 on the sum or sums to be paid, and upon the rules Disagreements. 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 the hearing of the allegations and proofs of the parties. SEC. 7. That it shall be the duty of the Secretary of War to require the company or persons owning said bridge to cause such aids to the passage of said bridge authorized by the provisions of this act to be constructed, placed, and maintained at their own expense and cost, in the form of booms, dykes, piers, or other suitable and proper structures for the confining of the flow of water to a permanent channel and for the guiding of steamboats, rafts, and other water craft safely through the draw and raft span, as shall be specified in his order in that behalf, and on the failure of the company or persons aforesaid to make and establish such additional structures within a reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall refer the matter without delay to build. to the Attorney-General of the United States, whose duty it shall be to institute in the name of the United States proceedings in any circuit court of the United States for the circuit in which said bridge or any part thereof is located for the recovery of the cost thereof, and all moneys accruing from such proceedings shall be covered into the Treasury of the United States.

Failure to con

struct.
United States

recover costs. Proceedings to

Disposal of accruing moneys. Amendment,

SEC. 8. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said etc. structure, at the expense of the owners thereof, whenever Congress Structural shall decide that the public interests require it, is also expressly changes.

reserved.

Proviso.

Neglect of tion to begin. either corpora

SEC. 9. That this act shall be null and void if actual construction Commencement of the bridge herein authorized be not commenced within one year and and completion. completed within three years from the date thereof: And provided, That if either of the corporations named in this act shall for the period of eight months from the date hereof neglect, refuse, or fail to begin operations hereunder, then the other party shall succeed to all the rights and privileges herein granted, and may proceed under the terms hereof, to construct and equip said bridge.

Succession to rights.

SEC. 10. That this act shall take effect and be in force from and after Operation. its passage.

Approved, February 24, 1891.

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