Lawful structure and post-route. Postal telegraph. Use by other companies. Terms. Proviso. Deciding terms. Alterations. Commencement and completion. the case may be brought in the circuit court of the United States within whose jurisdiction said bridge or any part thereof is located. SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; 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 the munitions of war of the United States, or for passengers and freight passing over said bridge, 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 other post-routes in the United States. SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as the Government may construct or control, and equal privileges in the use of said bridge shall be granted to all telegraph companies. 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 railway trains or cars over the same, and over the approaches thereto, 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 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: Provided that the provisions of section four in regard to charges for passengers and freight across said bridge shall not govern the Secretary of War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said companies for the use of said bridge. SEC. 7. That the Secretary of War may at any time cause the owners of said bridge to alter the same so as to prevent or remove all material and substantial obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or removing such obstruction, shall be borne by the owners of or persons controlling such bridge. SEC. 8. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, August 9, 1888. August 9, 1888. Bridge Company may CHAP. 822.-An act authorizing the construction of a bridge across the Missouri River, at or near the city of Plattsmouth, Nebraska, and for other purposes. Be it enacted by the Senate and House of Representatives of the Iowa and Nebraska United States of America in Congress assembled, That the Iowa and bridge Missouri River Nebraska Bridge Company, a corporation organized under the laws at Plattsmouth, Nebr. of the State of Nebraska, its successors or assigns, is hereby author Location. ized to construct, maintain, and operate a bridge across the Missouri River, at or near the city of Plattsmouth, in the county of Cass and State of Nebraska, and at such point as may be hereafter selected by said corporation, its successors or assigns, and at least one-third of a mile from any other bridge, as shall best promote the public convenience and welfare, and the necessities of business and commerce, and also to construct and maintain the accessory works necessary to secure the best practicable channel-way for navigation and to confine the flow of water to a permanent channel at such point; and said corporation, its successors or assigns, shall construct and maintain ways on said bridge for carriages, wagons, and foot-passengers, and may charge and receive such reasonable toll therefor as may be approved from time to time by the Secretary of War: Provided, That said bridge may be constructed, maintained, and used also for the safe and convenient passage of cable and street cars. SEC. 2. That the plan and location of said bridge, with a detailed map of the river at the proposed site of the bridge and near thereto, exhibiting the depths and currents, shall be submitted to the Secretary of War, for his approval, and until he approve the plan and location of said bridge the construction shall not be commenced; but upon the approval of said plan by the Secretary of War, the said company or corporation may proceed to the construction of said bridge in conformity with said approved plan; and should any change be made in the plan of said bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War. Wagon and foot bridge. Proviso. Secretary of War to approve plans, etc. post-route. SEC. 3. That the said bridge and accessory works, when built and Lawful structure and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; 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 the 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 other post-routes of the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge. The United States shall have the right of way for postal telegraph across said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph companies: Provided also, That the said bridge may be used by all railroad companies for the passage of their cars over the same, upon such terms as may be fixed by said company or companies and the corporation owning or controlling said bridge, and if they cannot agree, then the charges for the use of said bridge by such other company or companies shall be established by the Secretary of War, after hearing the parties. SEC. 4. That Congress reserves the right to alter, amend, or repeal this act at any time; and if at any time navigation of the said river shall, in the opinion of the Secretary of War, be in any manner obstructed or impaired by the said bridge, the Secretary of War shall have authority, and it shall be his duty, to require the said corporation, its successors or assigns, to alter and change the said bridge, at its or their own expense, in such manner as may be proper to secure free and complete navigation without impediments; and if upon reasonable notice to said incorporation, to make such changes or improvements the said corporation fails to do so, the Secretary of War shall have authority to make the same at the expense of said corporation, or to remove said bridge, the amount thereof to be recovered by the United States, by suit in the United States circuit court within whose jurisdiction the bridge or any part of it may lie, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of said river. Postal telegraph. Proviso. Use by railroads. Charges. Amendment. Changes. Free navigation. completion. SEC. 5. That unless the construction of said bridge be commenced Commencement and within one and completed within three years after the passage of this act, all privileges conferred hereby shall become null and void. Approved, August 9, 1888. August 9, 1888. Dakota. Two additional justices. Vol. 23, p. 101. Appointment. Districts. CHAP. 823.—An act to provide for two additional associate justices of the supreme court of Dakota, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the supreme court of the Territory of Dakota shall consist of a chief justice and seven associate justices, any five of whom shall constitute a quorum. SEC. 2. That it shall be the duty of the President to appoint two additional associate justices of said supreme court in manner now provided by law, who shall hold their offices for the term of four years and until their successors are appointed and qualified. SEC. 3. That the Territory of Dakota shall be divided into eight judicial districts, and a district court for the trial of all cases arising under the laws of said Territory, or which may be within the jurisdiction of said courts under the laws of said Territory, shall be held in each district by one of the justices of said supreme court, at such Assignment of time and place as may be provided by law. Each judge, after assignment, shall reside in the district to which he is assigned. judges. Fifth and third districts subdivided. Vol. 23, p. 101. Fifth district. Seventh district. Eighth district. Third district. Assignment of new judges. Terms. Jurisdiction. SEC. 4. That the fifth judicial district of said Territory, as defined by act of Congress approved July fourth, eighteen hundred and eightyfour, shall be divided into two judicial districts, which shall be known as the fifth and seventh judicial districts of said Territory; and the third judicial district of said Territory.shall be divided into two judicial districts, which shall be known and called the third and eighth judicial districts of said Territory. SEC. 5. That the fifth judicial district of said Territory shall consist of the counties of Beadle, Kingsbury, Brookings, Hughes, Hyde, Hand, Sully, Faulk, Clarke, Potter, Codington, Hamlin, and Deuel. SEC. 6. That the seventh judicial district of said Territory shall consist of the counties of Spink, Brown, Day, Marshall, Grant, Roberts, Edmunds, Walworth, McPherson, Campbell, and the Sisseton and Wahpeton Indian Reservation, and also shall include the following portion of the Great Sioux Indian Reservation, to wit: All that portion lying northward of the counties Presho and Pratt, and a line extending the north line of the county of Pratt to the twenty-fifth degree of longitude west from Washington, and eastward of said degree of longitude, and southward of the north line of Bozeman and Schnasse Counties. SEC. 7. That the eighth judicial district of said Territory shall consist of the counties of Grand Forks, Walsh, Pembina, Nelson, Ramsey, Cavalier, and Turner. SEC. 8. That the third judicial district of said Territory shall consist of the counties now constituting the same, except as it may be affected by the formation of the eighth judicial district herein provided for. SEC. 9. That temporarily, and until otherwise ordered by law, the additional associate justices herein provided for shall be assigned to the seventh and eighth judicial districts, respectively; and it shall be the duty of said judges to appoint and fix the terms of holding courts in each of the counties of their respective districts until the legislative assembly of said Territory shall fix said terms. SEC. 10. That the district court in each of said districts shall have jurisdiction to try, hear, and determine all matters and causes that the court of any district of said Territory possesses, excepting as hereinafter mentioned, and all causes and matters now pending in the old districts affecting persons or things which properly belong to the new districts hereby created shall be certified for disposition to said new districts by the judge of the old district; and section Vol. 20, ch. 194, sec. Six of the act entitled "An act providing for an additional associate chia, justice of the supreme court of the Territory of Dakota," approved March third, eighteen hundred and seventy-nine, and section seven 182, sec. 7, p. 102, repealed. of the act entitled "An act providing for two additional associate justices of supreme court of the Territory of Dakota, one additional associate justice of the supreme court of the Territory of Washington, and for other purposes," approved July fourth, eighteen hundred and eighty-four, be, and the same are hereby, repealed. SEC. 11. That the associate justice of each judicial district shall Terms. hold at least one term of the United States district court in each year, at such place in his judicial district as he may select, and grand and petit juries shall be summoned thereto as now provided by law, and said associate justice shall hold at least one term of court in each judicial subdivision of his district in each year. judges. SEC. 12. That no justice of the supreme court of said Territory shall, Disqualifications of sit as a member of said court in the trial of any question decided by him in his district or wherein he has any interest directly or indirectly. SEC. 13. That nothing in this act shall be so construed as to prevent Boundaries of disthe legislative assembly of said Territory at any time from changing and arranging the boundary-lines of the judicial districts of said Territory, nor from fixing the time and place of holding the several terms of court in said district tricts. SEC. 14. That all offenses committed before the passage of this act Pending actions. shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges) as if this act had not been passed. SEC. 15. That all unorganized counties lying west of said eighth judicial district are hereby annexed, for judicial purposes, to the sixth judicial district of said Territory. Approved, August 9, 1888. Unorganized coun ties. CHAP. 824.-An act to amend the charter of the Capitol, North O Street and South Washington Railway Company. August 9, 1888. Capitol, North O Company may extend Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Capitol, Washington, D. C. North O Street and South Washington Railway Company is hereby street and South authorized to extend its tracks and run its cars thereon through and Washington Railway along the following named streets: Beginning at Fourteenth and B its tracks. streets southwest, east along B street southwest to Twelfth street southwest, to an intersection with its present line on said Twelfth street.. SEC. 2. That section three of the act entitled "An act to amend Two-cent fare rethe charter of the Capitol, North O Street and South Washington Railway Company," approved March third, eighteen hundred and eighty-one, be, and the same is hereby repealed. pealed. Commencement and SEC. 3. That unless said extension is completed and the cars run thereon within six months from the passage and approval of this completion. act, the authority herein granted shall be void. Approved, August 9, 1888. CHAP. 859.-An act to provide for the enlargement of the dimensions of the wharf at Fortress Monroe. 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 to cause the plans and specifications under which contract has been entered into by the United States for the construction of an iron wharf at Fortress Monroe, Virginia, to be amended and changed so as to require all bearing piles and floor beams of said wharf to be of iron or steel instead of wood, and to enlarge the dimensions of the said wharf as designed, and make August 10, 1888. Fortress Monroe, Va. and to have iron beams. Pier to be enlarged Vol. 24, p. 246. Appropriation. August 11, 1888. propriations. such other modifications in the plans and specifications as may be required to meet the necessities of commerce, for which purpose the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to be immediately available, be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated. Approved, August 10, 1888. CHAP. 860.-An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. Be it enacted by the Senate and House of Representatives of the River and harbor ap United States of America in Congress assembled, That the following sums of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War, for the construction, completion, repair, and preservation of the public works hereinafter named: Harbors. Improving harbor at Rockland, Maine: Continuing improvement, thirty thousand dollars. Improving breakwater at the mouth of Saco River, Maine: Continuing improvements and repairs, twelve thousand five hundred dollars. Improving harbor at York, Maine: Continuing improvement, ten thousand dollars. For commencing the construction of a breakwater from Mount Desert to Porcupine Island, Maine, fifty thousand dollars. Improving harbor at Portland, Maine: Continuing improvement, forty thousand dollars. Improving harbor at Camden, Maine, five thousand dollars. Improving harbor at Back Cove, Portland Harbor, Maine: Continuing improvement, twenty-five thousand thousand dollars. Improving harbor at Rockport, Maine, ten thousand dollars. Improving harbor at Portsmouth, New Hampshire: Continuing improvement, fifteen thousand dollars. Improving harbor of refuge at Little Harbor, New Hampshire: Continuing improvement on the enlarged plan, twenty thousand dollars. Improving harbor at Burlington, Vermont: Continuing improvement, thirty-five thousand dollars. Improving the channel between the islands of North Hero and South Hero, Lake Champlain, Vermont, ten thousand dollars. Improving harbor at Gordon's Landing. Lake Champlain, Vermont: Continuing improvement, ten thousand dollars. Improving harbor at Boston, Massachusetts: Continuing improvements, one hundred and twenty-five thousand dollars; one half of which shall be used in widening the main ship channel at the "upper and lower middle;" and so much thereof as may be necessary may be expended in extending the sea-wall at Gallup's Island. Improving harbor at Lynn, Massachusetts: Continuing improvement, ten thousand dollars; a part of which may, in the discretion of the Secretary of War, be used at the Point of Pines and in the western channel leading thereto, and a portion in the basin enclosed by the wharves of said city of Lynn. Improving harbor at Nantucket, Massachusetts: Continuing improvement, twenty thousand dollars. Improving harbor at Newburyport, Massachusetts: Continuing improvement, twenty-five thousand dollars. Improving harbor at Plymouth, Massachusetts: Continuing improvement, six thousand dollars; a part of which may, in the discretion of the Secretary of War, be applied to the improvement in |