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said bridge or bridges than the rate per mile paid for the transportation over the railroad or other public highway leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes.
SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved.
Approved, December 10, 1888.
December 10, 1888. · CHAP. 2.-An act to authorize the construction of bridges across the Kentucky
River and its tributaries by the Richmond, Nicholasville, Irvine and Beattyville
Be it enacted by the Senate and House of Representatives of the Richmond, Nicholas. United States of America in Congress assembled, That the Richmond, vilie. Irvine and Beattyville Railroad Com Nicholasville, Irvine and Beattyville Railroad Company, a corporation pany may bridge Ken: organized under act of the general assembly of the Commonwealth tucky River and tributaries
of Kentucky, be, and it is hereby, authorized to construct and maintain a bridge or bridges, and approaches thereto, over the Kentucky River, in the State of Kentucky, and also a bridge or bridges over the tributaries or forks of said river, at such point or points as said company may deem suitable for the passage of its said road over said
river, or its tributaries or forks. Said bridge or bridges shall be conRailway, wagon, and structed to provide for the passage of, railway trains and, at the foot bridge.
option of the company by which it or they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit
of animals, and for foot-passengers: Provided, That the rates of toll Toul.
charged by said company shall be first approved by the Secretary of
War. Lawful structure SEC. 2. That any bridge built under this act, and subject to its
limitations, shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United States, and equal privileges in the use
of said bridge shall be granted to all telegraph companies; and the Postal telegraph. United States shall have the right of way across said bridge, and its
approaches, for,postal-telegraph purposes. " . Secretary of War to SEC. 3. That any bridge authorized to be constructed under this approve plans, etc. “ act shall be built and located under and subject to such regulations
for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object, the said company or corporation shall submit to the Secretary of War for his examination and approval, a design and drawing of the bridge, and a map of the location thereof; and until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War, and if the Secretary of War shall at any time think any changes necessary in the plans of said bridge or bridges, or that the said bridge or bridges should be entirely removed, the said
alterations or removal shall be at the expense of the company. Use by other com- SEC. 4. That all railroad companies desiring the use of said bridge panies.
or bridges shall have, and be entitled to, equal rights and privileges relative to the passage of railway trains over the same and over the approaches thereto, upon the payment of reasonable compensation therefor; and in case the owner or owners of said bridge or bridges and the railroad company or companies desiring to use the same shall fail to agree upon the terms with reference to the use of same, all matters of issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
SEC. 5. That this act shall be null and void if actual construction Commencement and of the bridge or bridges herein authorized be not commenced within two years and completed within five years from the date thereof.
SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved.
Approved, December 10, 1888.
CHAP. 3.-An act granting the use of certain lands in Pierce County; Washing.' December 17, 1888. ton Territory, to the city of Tacoma, for the purposes of a public park.:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is here- Tacoma, Washingby granted to the city of Tacoma, in the County of Pierce, in the Public land in Pierce Territory of Washington, a license to occupy, improve, and control, County donated for
public park. for the purposes of a public park for the use and benefit of the citizens of the United States, and for no other purposes whatever, the following described pieces or parcels of land, situate in the County of Pierce and Territory of Washington, and described as follows, namely: Lots one, two, three, four, five, and six, and the east half Location. of the southeast quarter, and the northeast quarter of the northwest quarter, and the southwest quarter of the northeast quarter of section fifteen, township twenty-one north, of range two east, and lots one, two, and three, and the south half of the southwest quarter of section fourteen, same township and range, and lots one, two, and three in section ten of the same township and range, containing six hundred and thirty-five acres, more or less : Provided, That the Proviso. United States reserves to itself the fee of all said lands, and that United States to re
tain fee. this license is granted upon the express condition that the United States may take possession of and occupy said lands or any part thereof for military or other purposes whenever its proper officials see fit to order the same, and without any claim for compensation or damage on the part of said City of Tacoma.
Approved, December 17, 1888.
CHAP. 4.-An act making an appropriation to supply a deficiency in the appro- December 17. 1849 priation for the contingent expenses of the House of Representatives.
· Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and House of Representhereby is appropriated, out of any money in the Treasury, not other- Deficiency appropriwise appropriated, the sum of twelve thousand dollars to supply a ation for contingent
expenses. deficiency in the appropriation for miscellaneous items and expenses of special and select committees of the House of Representativ us for the fiscal year eighteen hundred and eighty-nine,
Approved, December 17, 1888.
Colfax land district,
CHAP. 6.-An act to establish a land office at Folsom, in the Territory of New December 18, 1888. Mexico.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that por- Public lands. tion of the Territory of New Mexico bounded and described as fol- New Mex, established: lows: Commencing at the northeastern corner of said Territory and Boundaries. running thence west on the northern boundary line of said Territory to the line dividing ranges numbered twenty-four and twenty-five, thence south on said range line to the principal base-line running east and west through:said Territory, thence east, on said base-line to
the eastern boundary line of said Territory, thence north on said eastern boundary line to the place, of beginning, be, and is hereby,
constituted a new and separate land district, to be called the Colfax Folsom to be land land district, the land office for which shall be located in the town office.
of Folsom, County of Colfax, in the said Territory of New Mexico. Register and receiver SEC. 2. That the President, by and with the advice and consent of to be appointed.
the Senate, shall äppoint a register and a receiver of public moneys for said district; and said officers shall reside in the place where said land office is located, and shall have the same powers and shall discharge similar duties and receive the same fees and emoluments as officers discharging like duties in the other land offices of the Territory of New Mexico.
Approved, December 18, 1888,
December 22, 1888. CHAP. 7.-An act making appropriations to supply a deficiency in the appropri
CHAP 2ation for public printing and binding for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the Deficiency appropri- United States of America in Congress assembled, That the following stion for printing, etc.
suins, or so much thereof as may be necessary, be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated for the following objects namely:
PUBLIC PRINTING AND, BINDING.
Printing and binding. To supply a deficiency for the fiscal year ending June thirtieth,
eighteen hundred and eighty-nine, in the appropriation for the public printing, for the public binding, and for paper for the public printing, including the cost of printing the debates and proceedings of Congress in the Congressional Record, and for lithographing, mapping, and engraving for both houses of Congress, the Supreme Court of the United States, the supreme court of the District of Columbia, the Court cf Claims, the Library of Congress, the Executive Office, and the Departments, including salaries or compensation of all necessary clerks and employees, for labor (by the day, piece, or contract), and for all the necessary materials which may be needed in the
prosecution of the work, sixty-three thousand dollars; to be expended Ante, p. 647. for the foregoing purposes ratably and in the proportion provided in
the ect making appropriations for sundry civil expenses of the Government for the current fiscal year.
Observing eclipse of For expenses of observing the total eclipse of the sun which will the sun.
occur on the first day of January, eighteen hundred and eighty-nine, Post, p. 920.
to be expended under the direction of the Secretary of the Navy, five thousand dollars or so much thereof as may be necessary.
Approved, December 22, 1888.
December 24, 1888. CHAP. 8.-An act authorizing the president to appoint and retire, Andrew J.
CHAP. 8. -An Smith, late colonel of the Seventh United States Cavalry and a major-general of volunteers.
Be it enacted by the Senate and House of Representatives of the Andrew J. Smith... United States of America in Congress assembled, that the laws regucolonel on the retired lating appointments in the army be, and they are hereby, suspended,
and suspended only for the purposes of this act; and the President is hereby authorized to nominate and, by and with the advice and
Ice nori ponsent of the Senate, appoint Andrew J. Smith, late colonel of the
CHAP. 18.-An act granting to Citrous Water Company right of way across January 1, 1889.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Citrous Citrous Water Com
pany may constructir. Water Company, a corporation organized under the laws of the State rigating ditch through pintar of California, and transacting business in the Territory of Arizona, Papago Indian Reser& due is hereby granted the right of way, one hundred feet in width, across,
through, and out of township south five, range west five, Gila and Salt River base and meridian, the said described land being a part of the Papago Indian Reservation in Maricopa County, Arizona, for the sole purpose of constructing a ditch or canal, to be used in conveying water across said reservation for use in irrigating lands and supplying water to owners of land below: Provided, That so long as Provisos. said reservation shall continue for the use and occupation of said Indians, said Indians shall, free of cost, be supplied with water from Indians to receive said ditch or canal in such quantity and under such regulations as shall be prescribed by the Secretary of the Interior, and that reasonable compensation only, subject at all times to the control of Congress, shall be charged to those supplied with water for use upon land held under the United States: Provided further, That said right of way herein granted shall not be mortgaged, sold, trans- Not to be sold, etc. ferred, or assigned except for the purposes of construction: And provided further, That unless said canal for which this right of way is Commencement and granted be completed within two years after the approval of this “ act the provisions of this act shall be null and void.
Sec. 2. This act, and all rights acquired under the same, shall be Amendment. subject at all times to modification, revocation, amendment, or repeal by Congress.
Approved, January 1, 1889.
CHAP. 19.-An act to regulate appointments in the Marine Hospital Service of January 4, 1889. the United States.
Be it enacted by the Senate and House of Representatives of the
Service. of the Marine Hospital Service of the United States shall hereafter be appointment of surappointed by the President, by and with the advice and consent of the geons. Senate; and no person shall be so appointed until after passing a satisfactory examination in the several branches of medicine, surgery, and hygiene before a board of medical officers of the said service. Said examination shall be conducted according to rules prepared by the Supervising Surgeon-General, and approved by the Secretary of the Treasury and the President.
SEC. 2. That original appointments in the service shall only be made. Original appointe to the rank of assistant surgeon; and no officer shall be promoted to the rank of passed assistant surgeon until after four years' service and a second examination as aforesaid; and no passed assistant surgeon shall be promoted to be surgeon until after due examination: Pro- Proviso. vided, That nothing in this act shall be so construed as to affect the
rank or promotion of any officer originally appointed before the adoption of the regulations of eighteen hundred and seventy-nine; and the President is authorized to nominate for confirmation the officers in the service on the date of the passage of this act.
Approved, January 4, 1889.
January 4, 1889. CHAP. 20.-An act to incorporate the American Historical Association.
Be it enacted by the Senate and House of Representatives of the American Historical United States of America in Congress assembled, That Andrew D. Association. Incorporators.
White, of Ithaca, in the State of New York; George Bancroft, of Washington, in the District of Columbia; Justin Winsor, of Cambridge, in the State of Massachusetts; William F. Poole, of Chicago, in the State of Illinois; Herbert B. Adams, of Baltimore, in the State of Maryland; Clarence W. Bowen, of Brooklyn, in the State of New York, their associates and successors, are hereby created in the District of Columbia a body corporate and politic, by the name of the American Historical Association, for the promotion of historical studies, the collection and preservation of historical manuscripts, and for kindred purposes in the interest of American history and of history in America. "Said association is authorized to hold real and personal estate in the District of Columbia so far only as may be necessary to its lawful ends to an amount not exceeding five hundred thousand dollars, to adopt a constitution, and to make by-laws not inconsistent with law. Said association shall have its principal office at Washington, in the District of Columbia, and
may hold its annual meetings in such places as the said incorporaReports.
tors shall determine. Said association shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings and the condition of historical study in America. Said Secretary shall communicatę to Congress the whole of such reports, or such portion thereof as he shall see fit. The Regents of the Smithsonian
Institution are authorized to permit said association to deposit its Manuscripts, etc., to collections, manuscripts, books, pamphlets, and other material for sonian Institution.
history in the Smithsonian Institution or in the National Museum; at their discretion, upon such conditions and under such rules as they shall prescribe.
Approved, January 4, 1889.
be deposited in Smith
see River Railroad
Tennessee and Cum
January 8, 1889. CRAP. 21.-An act to authorize the Cairo and Tennessee River Railroad Com.
pany to construct bridges across the Tennessee and Cumberland Rivers.
Be it enacted by the Senate and House of Representatives of the Cairo and Tennes. United States of America in Congress assembled, That the Cairo and Company may bridge Tennessee River Railroad Company, organized under act of the genberland Rivers.
eral assembly of the Commonwealth of Kentucky, be, and is hereby, authorized to construct and maintain bridges, and approaches thereto, over the Tennessee River at any point below Aurora, south bound·ary of Calloway County, in the State of Kentucky, and the Cumberland·River at any point in Trigg County, State of Kentucky, and at any point in Monroe or Cumberland Counties, Kentucky, or in Clay
County, Tennessee, on said river. Said bridges shall be constructed Railway, wagon, and to provide for the passage of railway trains, and, at the option of
the corporation by which they may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of ani
mals, and for foot-passengers. To be lawful struct- SEC. 2. That any bridge built under this act and subject to its limit
utes. ations shall be a lawful structure, and shall be recognized and known
ures and post-routes,