Compensation to In dians. terior to approve plats, be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railway. In case of failure to make satisfactory settlement with any such claimant, the just compensation shall be determined as provided for by the laws of Washington Territory, enacted for the settlement of like controversies in such cases. The amount of damages resulting to the Puyallup tribe of Indians in their tribal capacity by reason of the construction of said railway through such lands of the reservation as are not occupied in severalty, shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval: Provided further, That no Secretary of the Inright of any kind shall vest in said railway company in or to any etc. part of the right of way herein provided for until plats thereof, made upon actual survey for the definite location of such railroads, and including the points for station-buildings, depots, yards, machineshops, side-tracks, turn-outs, and water-stations, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing, and be open for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid: Provided, That the amount of compensation which may Disposition of award. ultimately be awarded or adjudged against said railway company in respect of such last-mentioned lands, shall be paid to the Secretary of the Interior, to be by him expended on behalf of the tribe, for the benefit of their schools, or in such other manner as he shall deem best. SEC. 4. That the maximum rate charged by the said railway company for the transportation of freight and passengers within the limits of the Indian reservation shall not exceed the rate charged for the same services in kind in the Territory of Washington; and Congress hereby reserves the right to regulate the charges for the freight and passengers on said railroad, and messages on said telegraph and telephone lines, until a State government or governments shall exist in the said Territory within the limits of which said railway, or a part thereof, shall be located: Provided, That the said railway company shall carry the United States mail at such price as Congress may by Mails. law provide, and until such rate is fixed by law the Postmaster-General may fix the rate of compensation: And provided further, That the passenger rates of fare shall not exceed three cents per mile where the distance is greater than five miles. SEC. 5. That said company shall, as soon as the definite route and line of said railroad is located through said reservation, cause a map to be made showing such line and location, a copy of which shall be filed in the office of the Secretary of the Interior, and a copy shall be also filed in the office of the principal chief or governor of said tribe through which said road may have been located; and after the filing of said map of location no claim for subsequent settlement and improvement upon the right of way or additional grounds for depots, stations, sidings, or switches shall be valid as against said railroad company. SEC. 6. That the officers, employees, and servants of said company necessary for the construction, operation, and management of said road, telegraph, and telephone lines shall be allowed to reside while so engaged, upon the said right of way, but at the same time be subject to the provisions of the Indian intercourse laws and such rules and regulations as may be established by the Secretary of the Interior in accordance therewith. Charges. Provisos. Passenger rates. Map of route. Employees to reside on right of way. SEC. 7. That the United States courts for the second judicial district Litigation. of Washington Territory, and such other courts as may be authorized by Congress, shall have concurrent jurisdiction, without reference to the amount in controversy, over all cases arising between said railroad company and the tribe, as such, or individual members thereof, through whose territory said railway may be constructed; and the civil jurisdiction of said courts is extended within the limits of the Crossings, etc. Recording mort gages. Assignment. Completion. Amendment. said Puyallup Indian Reservation, without distinction as to citizenship of parties interested, so far as it may be necessary to carry out the provisions of this act and give effect to all its enactments. SEC. 8. That said railway company shall construct and maintain continually all fences, road and highway crossings, and necessary bridges over said railway wherever such roads and highways do now or shall hereafter cross said right of way or may by proper authority be laid out across the same. SEC. 9. That all mortgages or conveyances executed and operating on any portion of this railway that may be constructed in the said Puyallup Indian Reservation shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of the execution of the same, and shall convey all rights of property of said railroad company therein expressed. That said company shall not sell, assign, transfer, or mortgage this right of way for any purpose whatever until said road shall be completed: Provided, That the company may mortgage said franchise, together with the rolling stock, for money to construct and complete said road: And provided further, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order within two years from the passage of this act, and it shall not be necessary in such case for a forfeiture to be declared by judicial process, or legislative enactment. SEC. 10. That Congress may at any time amend, add to, alter, or repeal this act. Received by the President July 14, 1888. [NOTE BY THE DEPARTMENT OF STATE. -The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] July 31, 1888. Appropriation for light-house. CHAP. 720.-An act making an appropriation for the erection of a light-house on the highland (main-land) to the westward of Crooked River, Florida. Be it enacted by the Senate and House of Representatives of the Crooked River, Fla. United States of America in Congress assembled, That the sum of forty thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the erection of a light-house on the highland (main-land) to the westward of Crooked River, in Franklin County, Florida, said amount to be expended under the direction of the Secretary of the Treasury. Approved, July 31, 1888. August 1, 1888. ing Office. CHAP. 722.-An act to extend the leave of absence of employees in the Government Printing Office to thirty days per annum. Be it enacted by the Senate and House of Representatives of the Government Print- United States of America in Congress assembled, That the act entitled Employees to have "An act granting leave of absence to employees in the Government 30 days leave a year. Printing Office," approved June thirtieth, eighteen hundred and eighty-six, be so amended as to extend the annual leave of absence therein described to thirty days in each fiscal year: Provided, That it shall be lawful to allow pro rata leave to those serving fractional parts of a year. 24, p. 91. Proviso. Pro rata leaves. Approved, August 1, 1888. Augu. Decoration L To be a holida 988. CHAP. 723.—An act making May thirtieth a holiday in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the thirtieth day of May in each year, usually called "Decoration Day," shall be, trict of Columbía and hereby is, made a holiday within the District of Columbia as fully in all respects as are the days mentioned as holidays in section. nine hundred and ninety-three of the Revised Statutes of the District of Columbia. Approved, August 1, 1888. Rev. Stats. D. C..see. 993, p. 116, amended. CHAP. 724.—An act to amend the act giving the approval and sanction of Congress to the route and termini of the Anacostia and Potomac River Railroad, in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act giving the approval and sanction of Congress to the route and termini of the Anacostia and Potomac River Railroad, approved February eighteenth, eighteen hundred and seventy-five, and amended March twenty-fourth, eighteen hundred and seventy-six, be, and the same is hereby, amended so as to authorize said company to lay tracks and run cars thereon from the intersection of its tracks on M street south with Seventh street east; along Seventh street to G street south; along G street to Fourth street east; along Fourth street to E street south; along E street to Canal street; along Canal street to B street south, along B street south to Third street west; along Third street to Missouri avenue; along Missouri avenue to Sixth street west; along Sixth street to B street; north along B street to a point near the Center Market to be named by the Commissioners of the District of Columbia: Provided, That the said company shall complete the above-mentioned tracks and run cars thereon within one year from the approval of this act, and from the intersection of its tracks on M street south with Second street west; along Second street to its tracks on Canal street: Provided, That said company shall complete the lastmentioned tracks and run cars thereon within two years from the approval of this act. The company is also authorized to extend its tracks and run cars thereon from its track at Seventh and G streets southeast herein mentioned, along G street to Seventeenth street east; along Seventeenth street to E street south; along E street to and beyond the entrance to the Congressional Cemetery at a point to be named by the Commissioners of the District of Columbia, after the said streets shall have been improved. SEC. 2. That the said company may be permitted to place or cause to be placed upon the Anacostia bridge an additional track, and the rails of both tracks shall be of such form as will offer the least obstruction to ordinary traffic, and subject to approval by the Commissioners of the District of Columbia. The said company shall also construct at least a single track, with necessary switches and turn-outs, along Harrison street, in Anacostia, to the entrance to the grounds of the German Orphan Asylum, and run cars thereon within six months after laying the track mentioned on said bridge. SEC. 3. That the said company is also authorized to extend its track and run cars thereon from its present terminus on Nichols avenue, near Anacostia, by the way of Nichols avenue to the entrance to the grounds of the Government Hospital for the Insane, and along said avenue and the Livingstone road to the District line. SEC. 4. That should any part of the track extension herein authorized coincide with portions of any other duly incorporated street railway in the District of Columbia, but one set of tracks shall be used STAT L-VOL XXV-23 Rails. Proviso. To be level with streets. Cars. Reports. Taxes. Proviso. Reduction of fare. Amendment. when, on account of the width of the street, or for other sufficient reason, it shall be deemed necessary by the Commissioners of the District; and the relative conditions of use and of chartered rights may be adjusted upon terms to be mutually agreed upon between the companies, or, in case of disagreement, by the supreme court of the District of Columbia, on petition filed therein by either party, and on such notice to the other party as the court may order. SEC. 5. That in the construction of the tracks herein specified the pattern of rail used shall be approved by the Commissioners of the District of Columbia, and in any extensive repairs to the tracks now owned by the company requiring new rails the pattern of rails shall likewise be approved by the Commissioners of the District of Columbia: Provided, That all rails laid upon the streets of the city of Washington by said company under the authority of this act shall be on a level with the surface of the streets, and shall not project above the Jame. SEC. That the company shall place cars of the best construction on said railway, with all modern improvements necessary to the convenience and comfort of passengers, and shall run cars thereon as often as the public convenience may require, in accordance with a time-table or schedule adopted by the company, a copy of which shall be filed with the Commissioners of the District of Columbia, and be approved by them. SEC. 7. That the said Anacostia and Potomac River Railroad Company shall, on or before the fifteenth day of January of each year, make a report to Congress of the names of all the stockholders therein and the amount of stock held by each, together with a detailed statement of the receipts and expenditures from whatever source and on whatever account, for the preceding year ending December the thirtyfirst, which report shall be verified by affidavit of the president and secretary of said company; and said company shall pay to the District of Columbia, in lieu of taxes upon personal property, including cars, tracks, and motive power for the next 'ensuing year, two per centum for the first ten years after completion, and thereafter four per centum of its gross earnings upon traffic for the preceding year as shown by said verified statement, which amount shall be payable to the collector of taxes at the times and in the manner that other taxes are now due and payable, and subject to same penalties on arrears; and the franchise and property of said company, both real and personal, to a sufficient amount, may be seized and sold in satisfaction thereof, as now provided by law for the sale of other property for taxes; and said per centum of its gross earnings shall be in lieu of all other assessments of personal taxes upon its property used solely and exclusively in the operation and management of said railway. Its real estate shall be taxed as other real estate in the District of Columbia, and the tracks shall not be taxed as real estate: Provided, That whenever the net receipts of said company from its business upon said road shall, for any years, exceed ten per centum of the actual cost of such road, then the company shall, under the direction of the said Commissioners, reduce the rate of passenger fare to an amount as near as the same can be approximated, so that the net receipts of said company from its business upon such road shall not exceed ten per centum of the actual cost for the construction, equipment, and maintenance thereof. SEC. 9. That Congress may at any time amend, alter, or repeal this act. Approved, August 1, 1888. CHAP. 725.-An act to provide for the closing of parts of two alleys in square one hundred and thirty-two, in the city of Washington, District of Columbia, and for the relief of Charles Early and Corbin Warwick. August 1, 1888. Alleys, square 132, Washington, D. C. May be closed. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia are hereby authorized and instructed, on the petition of all the owners of property abutting on those parts of the two ten feet wide alleys running east and west through square one hundred and thirty-two, in the city of Washington, District of Columbia, for a distance of ninety-six and four hundredths feet beginning at, and running east, from the east side of Nineteenth street (being that portion lying between lots one hundred and sixtyone and one hundred and sixty-two, and one hundred and sixty-nine and one hundred and seventy, in the subdivision placed on record in the surveyor's office in the District of Columbia, in book fifteen, page twenty-seven), to declare said parts of said ten feet wide alleys closed: Provided, That the owners of the land abutting on that portion of said alleys to be closed in said square shall, as a condition precedent icated for alley. to such action on the part of the Commissioners, file in the office of the surveyor of the District of Columbia a plat to be approved by the Commissioners, dedicating to the use of the public, as a public alley, an area of ground equal to the area of the parts of alley ways declared to be closed, and sufficient for the purpose of connecting said alleys with, and making an outlet to, T street and S street at least ten feet wide. Proviso. SEC. 2. That the owners of the property abutting on the portion of Conveyance. said alleys which may be closed as aforesaid shall be held to have acquired all the right and title of the District of Columbia, or the city of Washington, in and to the portion of the alleys which may be closed under the provisions of the first section of this act, and which may be included within the extension of their several bounds to the lines of the new alley. Approved, August 1, 1888. CHAP. 726.-An act to correct the records of the District of Columbia relative to certain real estate therein. bia. August 1, 1888. ton remitted. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commis- District of Columsioners of the District of Columbia be, and they are hereby, author- Taxes on lots in ized and directed to remove from the records of the District all evi- square 226, Washingdence of indebtedness against lot G and part of lot F, in square two hundred and twenty-six, in the city of Washington, District of Columbia, so far as the said indebtedness relates to special assessment against said lots levied in the year eighteen hundred and seventy for special improvements along Pennsylvania avenue northwest; the owners of the said lots to give bond in double the sum of said assessment to indemnify the District against any loss in consequence of the operations of this act. Approved, August 1, 1888. CHAP. 727.--An act to perfect the quarantine service of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any person shall trespass upon the grounds belonging to any quarantine reservation, or whenever any person, master, pilot, or owner of a vessel entering any port of the United States, shall so enter in violation of section one of the act entitled "An act to prevent the introduction of contagious or infectious diseases into the United States," August 1, 1888. Quarantine. Punishment for tres pass and other viola tions of law. Vol. 20, p. 37. |