Rapids, and to report to the Secretary of War, on or before the first Surveys Continued. Monday in December next, as to the feasibility and advisability of overcoming such obstructions by means of a boat-railway at The Dalles and Celilo Falls, and by widening, to a navigable status for large tonnage river boats, the channel of said river at Three and Ten Mile Rapids, accompanied by careful and detailed plans, with estimates of the cost and a statement as to the usefulness of such improvements to navigation and of their relations and value to commerce; and said board shall also report, at the same time, as to any other plan or project for overcoming said obstructions at said points, whereby said obstructions to navigation may be removed, which in the judgment of said board may be deemed either more desirable than the above or worthy of consideration by the Secretary of War and Congress, and shall report detailed plans, with estimates of the cost of such proposed improvement or improvements, and as to their relations to commerce and usefulness to navigation; and said board shall report which of said projects is by it deemed most advisable. And the Secretary of.. War shall transmit said report to Congress, at its next session, with his own views and those of the Chief of Engineers of the United States Army thereon; and the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated to defray the cost of making said examination and survey and the expenses of said board. Nehalem Bay and bar. Young's River and its tributary Klaskuine River. Umpqua River, in the State of Oregon; separate surveys and estimates to be made, first, of that portion of such river between Scottsburgh and the mouth; and second, of that portion between Scottsburg and Hart's Rapids, near Elkton. SOUTH CAROLINA. Broad and Saluda River, above Columbia. Beaufort River, from a point three miles south of the town of Beaufort through to Coosaw River, with view to its improvement, especially at Brickyard. Ashepoo River, from the Charleston and Savannah Railroad bridge, six miles down the river, with view to removing obstructions and shoals caused by sunken vessels. Connect North Edisto and South Edisto Rivers by Saint Pierre River and South Creek. Savannah River, as to whether the damage to the Vernezobie Freshet Bank in eighteen hundred and eighty-seven was caused by the work at cross-tides, and whether the maintenance of said bank is essential to the success of the work at cross-tides, and what will be the cost of so constructing said bank as to confine the water of said river to its bed. Owendaw and Wando Rivers and other waters and water-routes connecting Bull's Bay and the harbor of Charleston. Socastee Creek from its entrance into Waccamaw River to the bridge at Socastee. Combahee River: Examine whether the breaking of Bull River into Combahee River near the head of Bull River will injure the navigation of Combahee River, and report a plan for obstructing said breaks and the cost thereof. TEXAS. For removal of raft on Gaudaloupe River. Mouth of Caney Creek, where it empties in Matagorda Bay. Removal of bar at mouth of Cedar Bayou where it empties into Galveston Bay. South Carolina. Texas. Surveys Continued. Rhode Island. Vermont. Virginia. New York. West Virginia. Washington Terri tory. TENNESSEE. Lower Cumberland Riyer, from Nashville to mouth, to ascertain if necessary to establish locks and dams. RHODE ISLAND. Fishing Place Cove, near Seaconnet Point, with view to constructing a breakwater. Cove near southeast extremity of Coaster's Harbor Island, and water-way between said island and Rhode Island, with, a view to deepening the water-way and removing obstructions. Entrance to Point Judith Pond, west of Point Judith, with a view of establishing a harbor of refuge. Coast near life-saving station, East Point Judith, with a view to constructing a breakwater. Greenwich Bay, to deepen water on the bar at Long Point. For a survey of Narragansett Bay at the mouth of Narrow River with a view of constructing a breakwater. VERMONT. Swanton Harbor, as to what changes are necessary in present improvements. Quantico Creek. Occoquan Creek. Acquia Creek. Chickahominy Creek. Onancock Harbor. Hampton Creek and Bar. VIRGINIA. For cutting of Hospital Point and giving a depth of twenty-five feet and an additional width of two hundred feet. Chuckatuck Creek. Bennett's Creek. Ware River. Hull Creek. Occobannock. Roanoke River, between Clarksville and Eaton Falls. Harbor of Cape Charles City and approaches by Cheuton Inlet. Machodac River. Nassowaddox River. The channel crossing the Potomac from Alexandria, Virginia. to the Maryland side. NEW YORK. Great Chazy River from its mouth on Lake Champlain to Champlain Village. Upper Columbia River, between Wallula and British line. North Palouse River. WISCONSIN. Centreville Creek, Manitowoc County. Racine Harbor, enlarging and deepening channel. Kenosha Harbor, for refuge. Harbor at mouth of Fond du Lac River, in Lake Winnebago. Oconto Harbor, channel sixteen feet deep and seventy-five feet wide from piers to first contour in river at Spies Slough. For a survey of Minnesota Point, at Superior, at the west end of Lake Superior, to ascertain what, if anything, should be done to preserve the same from the inroads of the Lake, and for the protection of the harbor, together with the cost thereof. Menomonee Harbor, from the waters of Green Bay to N. Ludington and Company's mill, Wisconsin, for a channel sixteen feet deep and two hundred feet wide. Surveys Continued. Appropriation for surveys, etc. Provisos. Preliminary exami nation to be made be SEC. 14. For examinations, surveys, and contingencies, and for incidental repairs, for which there is no special appropriation, for rivers and harbors, one hundred and fifty thousand dollars: Provided, That no survey shall be made of any harbors or rivers until the Chief of Engineers shall have directed a preliminary examination of the same by the local engineer in charge of the district, or an engineer detailed fore survey. for the purpose; and such local or detailed engineer shall report to said Chief of Engineers, whether, in his opinion, said harbor or river is worthy of improvement, and shall state in such report fully and particularly the facts and reasons on which he bases such opinion, including the present and prospective demands of commerce; and it shall be the duty of the Chief of Engineers to direct the making of such survey, if, in his opinion, the harbor or river proposed to be surveyed be worthy of improvement by the General Government; and he shall report to the Secretary of War the facts, and what public necessity or convenience may be subserved thereby, together with the full reports of the local engineer: And provided further, That the Government shall not be deemed to have entered upon any project for the construction or improvement of any waterway, harbor or canal mentioned in this act unless or until the work of construction shall have been actually appropriated for. Said reports of pre- nary examinations to liminary examinations and surveys shall be made to the House of be printed. Representatives, and are hereby ordered to be printed when so made. Received by the President July 31, 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.]. Canal, etc., projects. Report of prelimi CHAP. 866.-An act to correct the enrollment of an act approved March third, eighteen hundred and eighty-seven, entitled "An act to amend sections one, two, three, and ten of an act to determine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from the State courts, and for other purposes, approved March third, eighteen hundred and seventy-five." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the act approved March third, eighteen hundred and eighty-seven, entitled "An act to amend sections one, two, three, and ten of an act to determine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from State courts, and for other STAT L-VOL XXV-28 Removal of causes from State courts, etc. amended. Concurrent jurisdiction of circuit with State courts. Limit. Restrictions. Negotiable ments. Assignees. Appeals. purposes, approved March third, eighteen hundred and seventy-five," be, and the same is hereby amended so as to read as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of an act entitled 'An act to determine the jurisdiction of circuit courts of the United States and to regulate the removal of causes from State courts, and for other purposes,' approved March third, eighteen hundred and seventy-five, be, and the same is hereby, amended so as to read as follows: "That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which controversy the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, and shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except as otherwise provided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable by them. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before either of said courts "against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant; nor instru- shall any circuit or district court have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover the said contents if no assignment or transfer had been made; and the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions prescribed by law." Removal of eauses to United States circuit courts. Non-residents. That the second section of said act be, and the same is hereby, amended so as to read as follows: "SEC. 2. That any suit of a civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the circuit courts of the United States are given original jurisdiction by the preceding section, which may now be pending, or which may hereafter be brought, in any State court, may be removed by the defendant or defendants therein to the circuit court of the United States for the proper district. Any other suit of a civil nature, at law or in equity, of which the circuit courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, in any State court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein, being nonCitizens of different residents of that State. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested States. in such controversy may remove said suit into the circuit court of Cause to be remanded if prejudice does "At any time before the trial of any suit which is now pending in any circuit court or may hereafter be entered therein, and which has not exist. been removed to said court from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the circuit court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such State court, it shall cause the same to be remanded thereto. "Whenever any cause shall be removed from any State court into any circuit court of the United States, and the circuit court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the circuit court so remanding such cause shall be allowed." That section three of said act be, and the same is hereby, amended so as to read as follows: suit men No appeal allowed. Vol. 18, p. 471. Petition for removal from State court. Bond for costs, ete. "SEC 3. That whenever any party entitled to remove any tioned in the next preceding section, except in such cases as are provided for in the last clause of said section, may desire to remove such suit from a State court to the circuit court of the United States, he may make and file a petition in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff, for the removal of such suit into the circuit court to be held in the district where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court if said court shall hold that such suit was wrongfully or improperly removed thereto, and also for their appearing and entering special bail in such suit if special bail was originally requisite therein. It shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit, and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the said circuit court; and if in any action commenced in a State court the title of land be concerned, Actions on land titles. and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of Proceedings in State court to stay. |