Litigation. Lawful structure and post-route. Postal telegraph. Amendment. Commencement and completion. upon being satisfied that a bridge built on such plan, and with such accessory works, and at such locality, will conform to the prescribed conditions of this act, to notify the company that he approve the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of work thereon, such change shall be subject likewise to the approval of the Secretary of War, and be made at the expense of the company making the same; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said Missouri River, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States for the district of Kansas or for the district of Missouri in which any portion of said obstruction or bridge may be 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 than the rate per mile paid for the transportation over the railroad or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges of freight and passengers over said bridge. 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 and telephone companies. SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove all 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 obstructions shall be at the expense of the owners of or persons controlling such bridge. SEC. 7. 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, October 12, 1888. October 12, 1888. District of Colum- bia. for arrears of taxes. CHAP. 1097.-An act prescribing the times for sales and for notice of sales of property in the District of Columbia for overdue taxes. 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 shall prepare a list of all taxes on real property in said District subject to taxation upon which said taxes are levied and in arrears on the first day of July, eighteen hundred and eighty-eight, and each year thereafter, including all taxes due to the late corporations of Washington City, Georgetown, the levy court of the county of Washington, and the District of ColumPublication of list of bia; and said Commissioners shall publish the same, with a notice of sale, in a pamphlet, of which not less than five thousand copies shall be printed for distribution to taxpayers applying therefor; and a list of said property shall be published once in a daily newspaper, published in the District of Columbia, at a cost not to exceed the sum of fifteen cents for each parcel of property so advertised. Said Commissioners shall, on the first Tuesday in January, eighteen hundred and eighty-nine, and the first Tuesday in September of each year delinquents. thereafter, give notice, by advertising twice a week for three suc- Advertising. SEC. 2. That all acts and parts of acts inconsistent herewith are hereby repealed. Approved, October 12, 1888. Sales at auction. Repeal provision. CHAP. 1098.-An act to authorize the Secretary of the Interior to sell township maps or plats remaining on hand in his office. October 12, 1888. Public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act the Secretary of the Interior, through the maps authorized. Commissioner of Public Lands, be, and he is hereby, authorized to sell the photolithographic township plats or maps of the States and Territories now remaining on hand in that Department to citizens of the United States at the following prices: Authenticated copies, fifty Prices. cents per copy; unauthenticated copies, twenty-five cents per copy; the proceeds of said sales to be covered into the Treasury of the United States by the Secretary of the Interior. Approved, October 12, 1888. CHAP. 1099.-An act to include Sapelo Sound, Sapelo River, and Sapelo Island in the Brunswick collection district in the State of Georgia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Sapelo Sound, Sapelo River, and the Island of Sapelo shall henceforth be included in, and be a part of, the second district for the collection of customs, in the State of Georgia, known as the Brunswick district. Approved, October 12, 1888. 1 October 12, 1888. Brunswick collection Sapelo River. Sound, CHAP. 1113.—An act providing for the establishment of a life-saving station at the harbor of Kewaunee, Wisconsin, and at other places herein named, October 18. 1888. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Life-saving stations. of the Treasury is hereby authorized to establish a life-saving sta- ed tion at the harbor of Kewaunee, State of Wisconsin. That the Secretary of the Treasury be, and he is hereby, authorized to establish additional life-saving stations upon the sea-coast of the United States, as follows: One near the entrance to Yaguina Bay, Oregon; one at or near the mouth of the Umpqa River, Oregon; one between McKenzie's Head and Peterson's Point, near Loomis Place on the Head, Washington Territory; one on Peterson's Point, at the entrance to Gray's Harbor, Washington Territory, as the General Superintendant of the Life-Saving Service may recommend; one at or near Walles Sands, New Hampshire; one at or near Plum Island, Additional establish Massachusetts; one at or near Lynn Haven Inlet, Virginia; two between Ocracoke Inlet and Cape Lookout, North Carolina, at such points as the General Superintendant of the Life-Saving Service may recommend; one at or near Ashtabula, Ohio; one at or near Marquette, Michigan; one between the Ocean House, south of the entrance to the harbor of San Francisco, and Point San Pedro, California, at such point as the General Superintendent of the Life-Saving Service may recommend. Approved, October 13, 1888. October 17, 1888. Duluth and Winni peg Railway Compaway through Fond du Lac Indian Reservation, Minn. By granted right of Width. Buildings, etc. Compensation. tribe. Plats, etc, to be approved by the Secre tary of the Interior. CHAP. 1186.-An act granting to the Duluth and Winnipeg Railway Company the right of way through the Fond du Lac Indian Reservation in the State of Minnesota, 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 Duluth and Winnipeg Railway Company, commencing at Duluth and running by the most practicable route to a point at or near Grand Rapids, on Mississippi River, a corporation organized and existing under the laws of the State of Minnesota, and its assigns, the right of way for the extension of its railroad through the Fond du Lac Indian Reservation in said State. Such right of way shall be fifty feet in width on each side of the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road material, stone, and earth necessary for the construction of said railroad; also grounds adjacent to such right of way, for station buildings, depots, machineshops, side-tracks, turn-outs, and water-stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of two stations within the limits of said reservation. SEC. 2. That before said railway shall be constructed through any land, claim, or improvement held by individual occupants, according to any treaties or laws of the United States, compensation shall 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 Minnesota, enacted for the settlement of like controversies in such Damages to Indian cases. The amount of damages resulting to the Fond du Lac 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; but no right of any kind shall vest in said railway company in or to any part of the right of way herein provided for, until plats thereof, made upon actual survey, for the definite location of such railroad, and including the grounds for station buildings, depots, machine-shops, side-tracks, turn-outs, and waterstations, shall have been approved by the Secretary of the Interior, and until the compensation aforesaid shall have been fixed and paid, and the consent of the Indians on said reservation as to the amount of said compensation shall have been first obtained in a manner satisfactory to the President of the United States. Said company is hereby authorized to enter upon such reservation for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located, constructed, and operated with due regard to the rights of the Indians and under such rules and regulations as the Secretary of the Interior shall prescribe. Proviso. Rights of Indians. Oregon Railway and Navigation Company tion, Oregon. SEC. 3. That the rights herein granted shall be forfeited by said Completion. company unless the road is constructed through said reservation within three years. SEC. 4. That there be, and is hereby, granted to the Oregon Railway and Navigation Company, a corporation organized and existing granted lands in Uma under the laws of the State of Oregon for the purposes of station- tilla Indian Reservabuildings, depots, machine-shops, side-tracks, turn-outs and waterstations, and other railroad purposes, and for the purpose of access to and egress from said station the following described tracts of land, being a portion of the Indian reservation in the State of Oregon known as the Umatilla Reservation, namely: Commencing at a point Location. one thousand and thirty-eight and one half feet north of the southeast corner of section four, township three north, range thirty-four east, Willamette meridian, and on the east line of said section four; thence north fifty-seven degrees west two hundred and fifty and three tenths feet to a point three hundred and fourteen and eight tenths feet from the main track of the Oregon Railway and Navigation Company's railroad; thence north thirty-three degrees east one thousand and fifty feet in a line parallel with the main track of said railroad at this point; thence south fifty-seven degrees east four hundred and fourteen and eight tenths feet; thence south thirty-three degrees west one thousand and fifty feet; thence north fifty-seven degrees west one hundred feet to the center of the main track of said railroad; thence north fifty-seven degrees west sixty-four and one half feet to the place of beginning, containing ten acres. Also a strip of land sixty-two and two tenths feet wide on each side of a line commencing at a point on the northwest side of said ten-acre tract, one hundred and fifty feet from its northwest corner, and running thence north ten degrees and four minutes west seven hundred feet to the center of Wild Horse Creek. SEC. 5. That it shall be the duty of the Secretary of the Interior to Secretary of Interior fix the amount of compensation to be paid the Indians for such tracts to fix compensation. of land and to provide the time and manner of the payment thereof, and until the compensation aforesaid has been fixed and paid no right of any kind shall vest in said railway company. ance. SEC. 6. That said railway company shall accept this grant upon Conditions of acceptthe expressed condition, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is herein before provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act. SEC. 7. The preceding three sections shall not take effect until the consent of said Indians to the provisions thereof shall have been obtained; which consent shall be expressed in writing, signed, by a majority of the male adults on said reservation and by a majority of their chiefs in council assembled for that purpose, and shall be filed with the Secretary of the Interior. SEC. 8. That the act entitled "An act providing for allotment of lands in severalty to the Indians residing upon the Umatilla Reservation, in the State of Oregon, and granting patents therefor, and for other purposes," approved March third, eighteen hundred and eighty-five, be, and the same is hereby, amended by repealing so much thereof as limits the total quantity of the diminished reservation proposed to one hundred and twenty thousand acres, and the Secretary of the Interior shall set apart such further quantity of land of the existing Umatilla Reservation, in addition to the one hundred and twenty thousand acres thereof, required by said act to be selected, designated, and reserved for the uses and purposes of said Indians, as therein provided, as shall enable him to fix, define, and establish Proviso. Consent of Indians. Quantity of land in reservation increased. Vol. 23, p. 341. Amendment. the metes and bounds of said reserved tract in a satisfactory manner, Approved, October 17, 1888. October 18, 1888. Fruit brandy. housing. Vol. 19, p. 393. Proviso. Custody. CHAP. 1194.-An act to provide for warehousing fruit brandy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act entitled "An act relating to the production of fruit brandy, and to punish frauds connected with the same," approved March third, eighteen hundred and seventy-seven, be extended and made applicable to brandy distilled from apples or peaches, or from any other fruit the brandy distilled from which is not now required or hereafter shall not be required to be deposited in a distillery warehouse: Provided, That each of the warehouses established under said act, or which may hereafter be established, shall be in charge either of a storekeeper or of a storekeeper and gauger, at the discretion of the Commissioner of Internal Revenue. Approved, October 18, 1888. October 18, 1888. of Delaware or Maryland. CHAP. 1195.-An act to establish a life-saving station on the Atlantic coast between Indian River Inlet, Delaware, and Ocean City, Maryland. Be it enacted by the Senate and House of Representatives of the Life-saving station. United States of America in Congress assembled, That the Secretary Established on coast of the Treasury be, and he is hereby, authorized to establish a lifesaving station on the coast of Delaware or Maryland, at such point between Indian River Inlet, Delaware, and Ocean City, Maryland, as the General Superintendent of the Life-Saving Service may direct. Approved, October 18, 1888. October 18, 1888. Brightwood Railway rated. CHAP. 1196.—An act to incorporate the Brightwood Railway Company of the District of Columbia. Be it enacted by the Senate and House of Representatives of the District of Columbia. United States of America in Congress assembled, That M. M. Parker, Company ncorpo- A. A. Thomas, C. M. Anderson, C. B. Pearson, and Joseph Paul, of the District of Columbia, and their associates, successors, and assigns, be, and they are hereby, created a body corporate and politic, under the name of the Brightwood Railway Company of the District of Columbia, and may make and use a common seal, and by that name may sue and be sued, plead and be impleaded, with authority to construct and lay down a single or with the approval of the Commissioners of the District a double track railway, with the necessary switches, turn-outs, and other mechanical devices and sewer connections, necessary to operate the same by horse, cable, or electric power, in the District of Columbia, through and along Brightwood avenue, from Boundary street to the boundary-line of the District of Columbia, with the right to run public carriages thereon propelled by horse, electric, or cable power. Whenever the foregoing route or routes may Coinciding tracks. Coincide with the duly authorized rout or routes of any other duly Location. |
