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of class three; two clerks of class two; three clerks of class one; one clerk, one thousand dollars; one assistant messenger; and two laborers; in all, twenty-one thousand eight hundred and forty dollars.

And the services of skilled draftsmen, civil engineers, Draftsmen, etc. and such other services as the Secretary of War may deem necessary, may be employed only in the office of the Chief of Engineers to carry into effect the various appropriations for rivers and harbors, fortifications, and surveys to be paid from such appropriations: Provided, That the expenditures Proviso. on this account for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, shall not exceed seventytwo thousand dollars; and that the Secretary of War shall each year, in the annual estimates, report to Congress the number of persons so employed and the amount paid to each.

Limit, etc.

PUBLIC BUILDINGS AND GROUNDS.

Public buildings and grounds

Clerk, messen

ger, etc.

OFFICE OF PUBLIC BUILDINGS AND GROUNDS: For one clerk, one thousand six hundred dollars; one messenger; public gardener, one thousand eight hundred dollars; in all, four thousand two hundred and forty dollars. For overseers, draftsmen, foremen, gardeners, mechanics, Overseers, etc. and laborers employed in the public grounds, twenty-eight thousand dollars.

For day watchmen as follows: One in Franklin Park; Watchmen. one in Lafayette Park; two in Smithsonian Grounds; one in Judiciary Park; one in Lincoln Park and adjacent reservations; one at Iowa Circle; one at Thomas Circle and neighboring reservations; one at Washington Circle and neighboring reservations; one at Dupont Circle and neighboring reservations; one at McPherson and Farragut parks; one at Stanton Park and neighboring reservations; two at Henry and Seaton parks and reservations east of Botanic Garden; one at Mount Vernon Park and adjacent reservations; one for the greenhouses and nursery; one at grounds south of Executive Mansion; one at Garfield Park; eighteen in all, at six hundred and sixty dollars each, eleven thousand eight hundred and eighty dollars.

For night watchmen as follows: Two in Smithsonian Grounds; one in Judiciary Park; one in Henry and Seaton parks and reservations east of Botanic Garden; and one in Garfield Park; five in all, at seven hundred and twenty dollars each, three thousand six hundred dollars.

For watchman for the care of the monument and dock at Wakefield, Virginia, the birthplace of Washington, three hundred dollars.

Wakefield, Va.

For contingent and incidental expenses, five hundred Contingent exdollars.

Approved, February 19, 1897.

penses.

February 24, 1897.

Volunteers.

rank by terms of

Pay, etc.
Provisos.

etc.

To date from

CHAP. 311.-An Act To provide for the relief of certain officers and enlisted men of the volunteer forces.

Be it enacted by the Senate and House of Representatives of Officers to take the United States of America in Congress assembled, That appointment. any person who was duly appointed or commissioned to be an officer of the volunteer service during the war of the rebellion, and who was subject to the mustering regulations at the time applied to members of the volunteer service shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date from which he was to take rank under and by the terms of his said appointment or commission, whether the same was actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually mustered at that date: Provided, That actual performat the date from which he was to take rank by the terms of ance of duties, his said appointment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been recruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such of duties: Provided further, That any person held as a priswar, or disabled. oner of war, or who may have been absent by reason of wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Provided further, That this Act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the minimum number required by then existing laws of and regulations: And provided further, That the pay and allowances actually received for the period covered by the recognition extended under this Act shall be deducted from the sums otherwise to be paid thereunder.

Prisoners

Limitation.

Deduction pay received.

Allowance to

heirs.

No deductions

SEC. 2. That the heirs or legal representatives of any person whose muster into service shall be recognized and established under the terms of this Act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended.

SEC. 3. That the pay and allowances of any rank or if services per grade paid to and received by any military or naval officer in good faith for services actually performed by such officer

formed.

in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this Act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed.

SEC. 4. That all acts and parts of acts inconsistent with Repeal, etc. the provisions of this Act be, and the same are hereby, repealed.

Approved, February 24, 1897.

CHAP. 316.—An Act To prevent the purchasing of or speculating February 25, 1897. in claims against the the Federal Government by United States officers.

Courts.

etc., by officials

Be it enacted by the Senate and House of Representatives United States of the United States of America in Congress assembled, That Purchase of it shall hereafter be unlawful for any United States mar- claims for fees, shal or deputy marshal, or any clerk or deputy clerk of prohibited. any court of the United States or of any Territory thereof, or any United States attorney or assistant attorney, or any United States judge, or United States commissioner, or other person holding any office, employment, or position of trust or profit under the Government of the United States to purchase, at less than the full face value thereof, either directly or indirectly, any claim for fee, mileage, or expenses of any witness, juror, deputy marshal, or of any other officer of court whatsoever against the United States Government.

SEC. 2. That any person who shall violate this Act shall Penalty. be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one thousand dollars.

Approved, February 25, 1897.

CHAP. 317.-An Act To authorize the construction of a bridge February 25, 1897. over the Monongahela River from the city of McKeesport to the township of Mifflin, Allegheny County, Pennsylvania.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, That Mifflin Bridge the Mifflin Bridge Company, a corporation duly organized Company may under the laws of the Commonwealth of Pennsylvania, its hela River, Mcsuccessors, lessees, and assigns, be, and are hereby, author. Keesport, Pa. ized and empowered to construct, maintain, and operate a bridge over the Monongahela River from a point in the city of McKeesport, Allegheny County, Pennsylvania, between Market and Walnut streets, to a point on the opposite side of said river on the property of the heirs of Colonel William Neal, in Mifflin Township, said county.

SEC. 2. That said bridge may be constructed to provide Street railway, etc., bridge. for the passage of street cars, wagons, and vehicles of all kinds, and for the transit of animals, foot passengers, and of commercial travel and communication, and the said corporation may charge and receive reasonable tolls therefor,

Use by street

nies.

Proviso. to be approved by the Secretary of War: Provided, That railway compa- any street-car companies desiring the use of said bridge shall have and be entitled to equal privileges in the passage of cars over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use, and in case of disagreement as to the terms and conditions of such use all matters at issue shall be determined by the Secretary of War upon proper hearing of the proofs and allegations.

ture and

route.

Provisos.

Postal telegraph.

SEC. 3. That any bridge built under this Act and subject Lawful struc to its limitations shall be a lawful structure and shall be recognized and known as a post route, and it shall enjoy the rights and privileges of other post roads in the United States: Provided, That the United States may construct a postal telegraph over said bridge without charge therefor: And provided also, That the said Mifflin Bridge Company shall not commence the construction of its bridge, bridge piers, abutments, causeways, and other works over or in said Monongahela River until the location and plan of same Submission of shall have been submitted to and approved by the Secretary of War.

plans.

plans, etc.

SEC. 4. That any bridge authorized to be constructed under this Act shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall Secretary of submit to the said Secretary of War for his examination War to approve and approval a design and drawing of the bridge and a map of the location, giving for the space of one-half mile above and one-half mile below the proposed location the high and low water lines upon the banks of the river, the direction and strength of the currents at high and low water, with the soundings accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for the 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 commenced or built. And should any change be made in the plan of said bridge during the progress of its construction, such change shall be submitted for the approval of the Secretary of War: Provided, That the channel span of Channel span. said bridge shall not be less than five hundred feet in length in the clear, and the clear height of the superstruc ture shall not be less than fifty-three feet above the level of the water at pool full in said river.

Changes.

Proviso.

Aids to navigation.

Lights, etc.
Changes.

SEC. 5. That said bridge herein authorized to be constructed shall be so kept and managed at all times as to afford proper means and ways for the passage of vessels, barges, or rafts, both by day and by night. And there shall be displayed on said bridge, by the owners thereof, from sunset to sunrise, such lights and other signals as the Light-House Board may prescribe. And such changes shall be made from time to time in the construction of said

bridge as the Secretary of War may direct, at the expense of said bridge company, in order the more effectually to preserve the free navigation of said river.

SEC. 6. That this Act shall be null and void if actual construction of the bridge herein authorized be not com- Commencement menced within one year and completed within three years from the date of the approval of this Act.

and completion.

SEC. 7. That the right to alter, amend, or repeal this Act Amendment, is hereby expressly reserved.

Approved, February 25, 1897.

etc.

CHAP. 333.-An Act To provide for closing the crevasse in Pass a February 26, 1897. Loutre, one of the outlets of the Mississippi River.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of two hundred and fifty thousand dollars, or so much thereof as may be necessary, be, and is hereby, appro- Appropriation for closing crepriated, out of any money in the Treasury not otherwise vasse in Pass a appropriated, to close the crevasse in Pass a Loutre of the Loutre. Mississippi River, to be expended under the direction and Mississippi according to the plans and specifications of the Secretary of War.

River.

Contracts with

Vol. 18, p. 463;

Money to be

SEC. 2. That nothing herein contained shall be held or construed to destroy or impair any right or rights of the United States arising under the Acts of March third, eighteen hundred and seventy-five, June nineteenth, eighteen hundred and seventy-eight, and March third, eighteen hundred and seventy-nine, containing the contract or con- James B. Eads tracts between James B. Eads and such persons as might not impaired. become associated with him and the United States, or to Vol. 20, pp. 168, release the legal representatives of said James B. Eads or 376. other persons associated with him, jointly or severally, from any obligation, expressed or implied, arising under and from said Acts or other Acts pertaining thereto: Provided, Proviso. Liability of esThat nothing herein contained shall be held or construed tate of James B. to release in anywise the executors of the estate of James Eads, referred to Attorney GenB. Eads as such executors, or the associates of said James eral. B. Eads, jointly or severally, in whole or in part, from any withheld. liability which now exists, if any such liability does exist, for a failure to close said Pass a Loutre crevasse, and the question of such liability shall be referred to the AttorneyGeneral for his decision; and should the decision of the Attorney-General, after a full hearing to both parties, be to the effect that the responsibility for the closing of the said Pass a Loutre crevasse rests upon the executors of the estate of James B. Eads as such executors, and the associates of the said James B. Eads, jointly or severally, under existing laws, then upon the completion of the twenty years' contract for the maintenance of the channel in South Pass outlet of the Mississippi River, as the same now exists, the Secretary of War shall withhold so much of the money then to be paid to the executors of the estate of James B. Eads as such executors, or to the associates of the said

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