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Proviso.
Tracks.

unobstructed.

shall be in lieu of all other assessments of taxes of whatsoever character upon its personal property, including its docks and barges, cars, and motive power, but the real estate of the company may be taxed as other real estate in the District: Provided, That the tracks of the company shall not be taxed as real estate.

Water front to be SEC. 6. That the water front at the end of all public streets and highways shall be and remain open to the use of the public.

Amendment.

SEC. 7. That this act may at any time be altered, amended, or repealed by the Congress of the United States.

Approved, September 26 1888.

September 26, 1888.

Postal crimes.
Ante, p. 187.

Indecent, libelous, etc., matter on wrap

able.

CHAP. 1039.-An act amendatory of "An act relating to postal crimes and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last clause of the second section of "An act relating to postal crimes, and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight be, and the same is hereby, so amended as to read as follows, and constitute the third section of said act:

"SEC. 3. That all matter otherwise mailable by law, upon the enpers, etc., non-mail velope or outside cover or wrapper of which, or any postal-card upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another may be written or printed, or otherwise impressed or apparent, are hereby declared non-mailable matter, and shall not be conveyed in the mails, nor delivered from any postoffice nor by any letter-carrier, and shall be withdrawn from the mails under such regulations as the Postmaster-General shall prescribe; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be non-mailable matter, and any person who shall knowingly take the same or cause the same to be taken from the mails, for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall, for each and every offense, upon Punishment for conviction thereof, be fined not more than five thousand dollars, or mailing. imprisoned at hard labor not more than five years, or both, at the discretion of the court."

Obscene, etc., matter declared non-mailable.

amended.

Letters added.

SEC. 2. That section thirty-eight hundred and ninety-three of the Revised Statutes, as amended by the act of July twelfth, eighteen hundred and seventy-six, is hereby so amended as to read as follows: "SEC. 3893. Every obscene, lewd, or lascivious book, pamphlet, picture, paper, letter, writing, print, or other publication of an inR.S., sec. 3893, p. 758, decent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for any indecent or immoral use, and every written or printed card, letter, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where or how, or of whom, or by what means any of the herein before mentioned matters, articles, or things may be obtained or made, whether sealed as first-class matter or not, are hereby declared to be non-mailable matter, and shall not be conveyed in the mails nor delivered from any post-office nor by any letter-carrier; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, and any person who shall knowingly take the same,

or cause the same to be taken, from the mails for the purpose of cir-
culating or disposing of, or of aiding in the circulation or disposition
of the same, shall, for each and every offense, be fined upon con-
viction thereof not more than five thousand dollars, or imprisoned at
hard labor not more than five years, or both, at the discretion of the
court. And all offenses committed under the section of which this
is amendatory, prior to the approval of this act, may be prosecuted
and punished under the same in the same manner and with the same
effect as if this act had not been passed: Provided, That nothing in Proviso.
this act shall authorize any person to open any letter or sealed matter
of the first-class not addressed to himself."

Approved, September 26, 1888.

First-class matter.

CHAP. 1040.-An act to change the time of the sessions of the circuit and district September 26, 1888. courts for the Western Division of the Western District of Missouri.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the terms of the circuit court of the United States for the Western Division of the Western District of Missouri shall begin and be held at Kansas City in said State on the first Mondays in March and September annually. That the terms of the district court of the United States for the Western Division of the Western District of Missouri shall begin and be held at Kansas City in said State on the first Mondays in May and October annually.

That the terms of both the circuit and district courts of the United States for the Saint Joseph Division of the Western District of Missouri, shall begin and be held at Saint Joseph in said State on the first Mondays in April and November annually.

That the terms of both the circuit and district courts of the United States for the Central Division of the Western District of Missouri shall begin and be held at Jefferson City in said State on the third Mondays in April and November annually.

Missouri, western ju

dicial district.

Terms at Kansas

City.

Saint Joseph Divis

ion.

Central Division.

Southern Division.
R. S., secs. 572, p

That the terms of the district court of the United States for the Southern Division of the Western District of Missouri shall be held 100; 658, p. 121. at Springfield in said State on the third Mondays in May and October annually.

Vol. 24, p. 425.

All acts or parts of acts inconsistent herewith are hereby repealed. SEC. 2. All process issued from the clerk's offices of said courts when Return of process. this act takes effect shall be taken and considered as returnable to the term or terms hereby established in lieu of the term or terms existing at the time such process was issued.

Approved, September 26, 1888.

CHAP. 1041.—An act to amend an act entitled "An act making appropriations September 26, 1888. for the construction, repair and preservation of certain public works on rivers and harbors, and for other purposes,” approved July fifth, eighteen hundred and eightyfour.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section seven of the "Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," approved July fifth, eighteen hundred and eightyfour be, and the same is hereby, amended, so that the same shall read as follows:

"SEC. 7. That it shall be the duty of the Secretary of War to prescribe such rules and regulations in respect to the use and administration of the Des Moines Rapids Canal, the Saint Mary's Falls Canal, the Louisville and Portland Canal, and the Saint Clair Flats STAT L-VOL XXV-32

United States canals.
Vol. 23, p. 148.

Regulations for use Clair Flats Ship Canal.

of, extended to Saint

Effect.

Ship Canal as in his judgment the public necessity may require,
which rules and regulations shall be posted in some conspicuous
place for the information of the public; any person knowingly and
willfully violating such rules and regulations shall be liable to a fine
not exceeding five hundred dollars, or imprisonment not exceeding
six months, to be enforced in any district court in the United States
within whose territorial jurisdiction such offense may have been com-
mitted."

SEC. 2. That this act shall take effect immediately.
Approved, September 26, 1888.

October 1, 1888.

Ante, p. 153.

CHAP. 1056.--An act to amend an act to detach the county of Audrain, in the State of Missouri, from the eastern and attach it to the western judicial district of said State.

Be it enacted by the Senate and House of Representatives of the Audrain County, Mo. United States of America in Congress assembled, That an act entitled "An act to detach the county of Audrain, in the State of Missouri, from the eastern and attach it to the western judicial district of Missouri," approved May twenty-first, eighteen hundred and eightyeight, be so amended as to read as follows:

Attached to central

livision, western judi

That the county of Audrain, in the State of Missouri, be decial district of Mis- tached from the northern division of the eastern judicial district of Missouri and attached to the central division of the western judicial district of the State of Missouri.”

.souri.

Pending causes.

SEC. 2. That all civil and criminal causes or proceedings pending in the courts of the United States for the northern division of the eastern district of Missouri which originated in said county of Audrain shall remain within the jurisdiction of said courts for that division until finally disposed of, and all offenses committed in said county against the laws of the United States before the passage of this act shall also be cognizable in the United States courts for the northern division of said eastern district until final disposition of the same.

Approved, October 1, 1888.

October 1, 1888.

ifornia.

investigate.

CHAP. 1057.—An act for the investigation of the mining debris question in the State of California.

Be it enacted by the Senate and House of Representatives of the Mining debris in Cal- United States of America in Congress assembled, That the Secretary of Secretary of War to War is hereby authorized and directed to detail three officers from appoint commission to the Engineer Corps of the United States Army as a commission for the purpose of making a thorough examination and investigation of the mining debris question in the State of California, for the purpose of ascertaining whether some plan can be devised whereby the present conflict between the mining and farming sections may be adjusted and the mining industry rehabilitated; and for a complete examination of the injured navigable river channels, their tributaries and lands adjacent thereto, with a view to the improvement and rectification of said rivers. And that the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act, said sum to be expended at the discretion of the Secretary of War; the said commission to report as early as practicable to the Secretary of War the result of their investigation, and the Secretary of War shall make report thereof to Congress.

Appropriation.

Report.

Approved, October 1, 1888.

CHAP. 1058.-An act to provide for the erection of a public building in the city of Watertown, in the State of New York.

October 1, 1888.

Public building.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Watertown, N. Y. of the Treasury be, and he hereby is, authorized and directed to purchase, acquire by condemnation, or otherwise provide a site for, and cause to be erected thereon, a suitable building, with commodious Site. fire-proof vaults, for the accommodation of the post-office, internalrevenue office, and other Government offices, in the city of Watertown, in the State of New York. The site and the building thereon, when completed upon plans and specifications to be previously made Plans, etc. and approved by the Secretary of the Treasury, shall not exceed the cost of seventy-five thousand dollars: Provided, That no money to be appropriated for this purpose shall be available until a valid title Title, etc. to the site shall be vested in the United States, and the State of New York shall have ceded her jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein: Provided, That the site shall leave the building unexposed to danger from fire in adjacent buildings by an open space of not less than forty feet, including Open space. streets and alleys.

Provisos.

SEC. 2. That the sum of seventy-five thousand dollars be, and the Appropriation. same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be used and expended for the purpose provided in this act.

Approved, October 1, 1888.

CHAP. 1059.-An act providing for the erection of sundry light-houses and fogsignals in Lake Superior, Lake Huron, Erie, and Michigan, and range-lights in Lake St. Clair and Detroit River.

October 1, 1888.

signals, etc., estab

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a fog-signal Lighthouses, fogbe established at Beaver Island, Lake Michigan, at a cost not to exceed five thousand five hundred dollars.

That a fog-signal be established at Machinac Point, Straits of Mackinac, at a cost not to exceed five thousand five hundred dollars. That a light-house be established at White Shoals, or at Simmons Reef, Lake Michigan, as the Light House Board may determine, at a cost not to exceed sixty thousand dollars.

lished.

Beaver Island.
Mackinac Point.

White Shoals.

Twin River Point.

That a fog-signal be established at Twin River Point, Lake Michi-
gan, at a cost not exceeding five thousand five hundred dollars.
That a fog-whistle be established on the breakwater at Chicago, Chicago.
Illinois, at a cost not exceeding five thousand two hundred dollars.

That a steam-fog signal be established at Manistee Light Station, Lake Michigan, at a cost not exceeding five thousand five hundred dollars.

That range-lights be established in the channel of Detroit River, Michigan, between Fighting Island and Lime Kiln Crossing, at a cost not exceeding seven thousand dollars.

That a fog-whistle be established on the breakwater at Cleveland, Ohio, at a cost not exceeding five thousand two hundred dollars. That a fog-signal be established at La Pointe (Point Chequamegon), entrance to Ashland Harbor, Lake Superior, at a cost not exceeding five thousand five hundred dollars.

Manistee,

Detroit River.

Cleveland.

La Pointe.

That a fog-signal be established at Point Iroquois, Lake Superior, Point Iroquois. at a cost not exceeding five thousand five hundred dollars.

That a fog-signal be established at Cheboygan Point Light Station,

Lake Huron, at a cost not exceeding five thousand five hundred dol

lars.

Cheboygan.

Presque Isle.

Lake Saint Clair.

Saint Clair Ship C nal.

Two Harbors.

Devil's Island.

Duluth.

That a fog-signal be established at Presque Isle, Lake Huron, at a cost not exceeding five thousand five hundred dollars.

That range lights and stakes be established in Lake Saint Clair from Grosse Point to the entrance of Detroit River, at a cost not to exceed three thousand dollars.

That range-lights be established at Russel Island to Saint Clair, Flats Canal, Lake Saint Clair, at a cost not exceeding one thousand five hundred dollars.

That a fog-whistle be established at Two Harbors, Lake Superior, at a cost not exceeding five thousand five hundred dollars.

That a light be established at Devil's Island, Apostle Group, Lake Superior, at a cost not exceeding fifteen thousand dollars.

That range-lights be established at Duluth Harbor, at a cost not to exceed three thousand two hundred and eighty-four dollars and twelve cents.

Approved, October 1, 1888.

October 1, 1888.

Nantucket Island. Additional life station established on.

CHAP. 1060.-An act providing for the establishment of an additional life-saving station on Nantucket Island, Massachusetts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized to establish an additional life-saving station at such point on Nantucket Island, Massachusetts, as the General Superintendent of the Life-Saving Service may recommend.

Approved, October 1, 1888.

October 1, 1888.

Birmingham, Mo. Harbor Railway Company granted right of gan reservation, Ala.

bile and Navy Cove

way through Fort Mor

CHAP. 1061.—An act to grant the right of way through the military reservation at Fort Morgan to the Birmingham, Mobile and Navy Cove Harbor Railway Company, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Birmingham, Mobile and Navy Cove Harbor Railway Company the right of way through the military reservation at Fort Morgan, Alabama, for road-bed, tracks, side tracks, and terminal facilities not exceeding fifty feet in width along the northern highwater line of said reservation and extending from the eastern boundary of the said reservation westward along the shore to a point one hundred feet east of the east side of the present Government dock at or near which point the said company may erect a wharf after the Secretary of War shall have approved of the location and dimensions thereof, with such sheds and buildings as can be accommodated thereon, and the said company shall also have the right to fill into the water along the right of way so granted, and thus acquire additional space and to enjoy other riparian rights: Provided, however, Buildings prohibited. That not buildings or other incumbrances shall be erected on said right of way except upon said wharf; but the Secretary of War may give permission for the erection along said right of way of a dock or docks upon limitations to be prescribed by him: And provided further, That Congress may at any time cancel this concession, and the President may, when in his judgment necessity demands, destroy any structures hereby authorized.

Provisos.

Approved, October 1, 1888.

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