building such road, to the Secretary of War, who shall transmit the same to Congress. SEC. 2. That the sum of ten thousand dollars, or so much thereof Appropriation. as may be necessary, to be expended under the direction of the Secretary of War be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses of the United States in carrying out the provisions of this act. Provided, That nothing herein shall be construed to bind the Government of the United States to pay for any portion of the right of way right of way. for the avenue contemplated by this act. Approved, February 23, 1889. Proviso. CHAP. 208.—An act to establish a life-saving station on the Atlantic coast at or near the mouth of Saint George River, Maine. 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 be, and he is hereby, authorized to establish a lifesaving station at or near the mouth of Saint George River, Maine, at such point as the General Superintendent of the Life-Saving Service may recommend. Approved, February 23, 1889. February 23, 1889. Life-saving station authorized at St. George River, Maine. CHAP. 234.-An act to authorize the Cheyenne Street Railroad Company to build its road on and across the Fort D. A. Russell military reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Cheyenne Street Railroad Company, a corporation created and organized under the laws of the Territory of Wyoming, is hereby authorized to build and operate its road on and across the Fort D. A. Russell military reservation in said Territory, on such a line and subject to such restrictions as may be approved by the Secretary of War: Provided, That such right of way shall not exceed sixty feet in width, and shall be subject to such change or removal as may be provided by the Secretary of War, at the expense of the said railroad company. Approved, February 25, 1889. February 25, 1889. Cheyenne Street Railroad Company granted right of way through Fort D. A. Russell reservation. Proviso. CHAP. 235.-An act to authorize the construction of a bridge across the Missouri River between the city of Leavenworth, in the State of Kansas, and Platte County, in the State of Missouri. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Leavenworth and Platte County Bridge Company, a corporation duly or ganized and existing under the laws of the State of Kansas, its successors and assigns, be, and are hereby, authorized to construct and maintain a bridge and approaches thereto across the Missouri River between the city of Leavenworth in the State of Kansas, and Platte County, in the State of Missouri, at some point at least one-fourth of a mile from any other bridge, to be selected consistent with the interests of river navigation. Said bridge shall be constructed to provide for the passage of railway trains, wagons, and vehicles of all kinds, steam and street cars, animals, foot-passengers, and for all road travel, for such reasonable rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation, its successors and assigns, and be approved from time to time by the Secretary of War. February 25, 1889. Leavenworth and Platte County Bridge company may bridge enworth, Kans. Missouri River at Leav Post, p. 883. Railway, wagon, and foot bridge. Toll. and post-route. SEC. 2. That any bridge built under this act and subject to its limLawful structure itations shall be a lawful structure, and 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 the said bridge, 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 United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes. Postal telegraph. Construction. Spans. Provisos. Opening draw. Lights, etc. gation. SEC. 3. That said bridge shall be constructed as a ponton draw-span bridge, and shall contain a ponton draw-span of not less than four hundred feet in length, which draw-span shall be maintained over the main channel of the river at an accessible and navigable point, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river: Provided, also, That said draw shall be opened promptly by said company upon. reasonable signal for the passage of boats and rafts, and said company or corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the LightHouse Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time Unobstructed navi- substantially or materially obstruct the free navigation of said river, and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Kansas in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of the law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same: Provided, Wagon and foot That said company may construct a wagon and foot bridge alone, and in case of the construction of a wagon and foot bridge alone the draws shall be of the same length herein provided, and shall be of such construction as shall be approved by the Secretary of War, and shall be subject to all the provisions herein contained in respect to being promptly opened to admit of the unobstructed navigation of said river, and of keeping the same lighted as herein provided in case of railroad and wagon bridge, and in such case the provisions herein in relation to use for railroad purposes shall not apply. Litigation. Existing laws. bridge provisions. Use by railroads. Compensation. SEC. 4. 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 railroad 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 one 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 Secretary of War to matters at 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 any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations Secretary of War to for the security of navigation of said river as the Secretary of War decide. approve plans, etc. 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 drawings of the bridge, and a map of the location, giving, for the same space of one-half mile above and onehalf mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secre tary of War the bridge shall not be commenced or 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. SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved, and the right to require any changes in said structure or its entire removal, at the expense of the owners thereof whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved. completion. SEC. 7. That this act shall be null and void if actual construction Commencement ard of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. Approved, February 25, 1889. CHAP. 236.-An act to provide for writs of error or appeals to the Supreme Court February 25, 1889. of the United States in all cases involving the question of the jurisdiction of the courts below. Jurisdiction of circuit courts. Appeal or writ of erwithout reference to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where a final judgment or decree shall be rendered in a circuit court of the United States in which there shall have been a question in- R. S., sec. 630, p. 131. volving the jurisdiction of the court, the party against whom the. judgment or decree is rendered shall be entitled to an appeal or writ of error to the Supreme Court of the United States to review such ror to Supreme Court judgment or decree without reference to the amount of the same; amount. but in cases where the decree or judgment does not exceed the sum of five thousand dollars the Supreme Court shall not review any Only jurisdiction to question raised upon the record except such question of jurisdiction; such writ of error or appeal shall be taken and allowed under the same provisions of law as apply to other writs of error or appeals except as provided in the next following section. SEC. 2. That in cases of judgments or decrees mentioned in the Limitation. first section of this act, and heretofore rendered, where the period time of limitation for taking writs of error or appeals in other cases has CHAP. 237.-An act granting right of way to the Pima Land and Water Company across Fort Lowell military reservation, in Arizona, and for other purposes. February 25, 1899. ter Company granted Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Pima Pima Land and WaLand and Water Company, a corporation duly organized under the right of way through laws of the Territory of Arizona, is hereby granted the right of way, Fort Lowell reservafive hundred feet in width, for their aqueduct and irrigating canal to, from, across, through, and out of the Fort Lowell military reservation, and the right to construct dams, water-ways, and canals for the purpose of developing water and for the purpose of storing the ell. Proviso. same; and for that purpose sufficient land for the construction and maintenance of the same, not to exceed, however, one thousand acres and not to interfere with any buildings or improvements on said reservation Provided, however, That the said company shall supply Water for Fort Low- the garrison, gardens, and orchards of Fort Lowell, free of charge, such quantities of water as may be required for irrigating purposes, not to exceed one hundred miner's inches, and the location of the said canals and water-ways to be subject to the approval of the Secretary of War. Approved, February 25, 1889. February 25, 1889. Old Settlers (West ern Cherokee) claims. Court of Claims. Vol. 22, p. 328. CHAP 238.-An act to authorize Court of Claims to hear, determine, and render final judgment upon the claim of the Old Settlers or Western Cherokee Indians Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Claim of that part of the Cherokee Indians, known as the Old Settlers or Western Cherokees, against the United States, which claim was set forth in the report of the Secretary of the Interior to Congress of February third, eighteen hundred and eighty-three (said report being made under act of Congress of August seventh, eighteen hundred and eighty-two), and contained in Executive Document Number Sixty of the second session of the Forty-seventh Congress, be, and the same hereby is, referred to the Court of Claims for adjudication; and jurisdiction is hereby conferred on said court to try said cause, and to determine what sum or sums of money, if any, are justly due from the United States to said Indians, arising from or growing out of treaty stipulations and acts of Congress relating thereto, after deducting all payments heretofore actually made to said Indians by the United States, either in money or property; and after deducting all offsets, counter-claims, and deductions of any and every kind and character which should be allowed to the United States under any valid provision or provisions in said treaties and laws contained, or to which the United States may be otherwise entitled, and after fully considering and determining whether or not the said Indians have heretofore adjusted and settled their said claim with the United States, it being the intention of this act to allow the said Court of Claims unrestricted latitude in adjusting and determining the said claim, so that the rights, legal and equitable, both of the United States and of said Indians may be fully considered and determined: and to try and determine all questions that may arise in such cause on behalf of either party thereto and render final judgment thereon: Attorney-General to and the Attorney-General is hereby directed to appear in behalf of appear. Appeal. Provisos the Government; and if said court shall decide against the United States, the Attorney-General shall, within sixty days from the rendition of judgment, appeal the cause to the Supreme Court of the United States; and from any judgment that may be rendered, the said Indians may also appeal to said Supreme Court: Provided, That the appeal of said Indians shall be taken within sixty days after the rendition of said judgment, and said courts shall give such cause preNo liability con cedence: Provided further, That nothing in this act shall be accepted or construed as a confession that the Government of the United States is indebted to said Indians. Time for appeal. essed. Form of action. SEC. 2. That said action shall be commenced by a petition stating the facts on which said Indians claim to recover, and the amount of their claim; and said petition may be verified by the authorized agent or attorney of said Indians as to the existence of such facts, and no other statement need be contained in said petition or verification. Approved, February 25, 1889. CHAP. 239.-An act to enable the President to protect the interests of the United States in Panama. February 25, 1889. Panama. Appropriation to proteci American in Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be and is hereby appropriated out of any money in the Treasury not other- protec wise appropriated the sum of two hundred and fifty thousand dollars terests. to enable the President to protect the interests of the United States, and to provide for the security of the persons and property of citizens of the United States at the Isthmus of Panama, in such manner as he may deem expedient. Approved, February 25, 1889. CHAP. 240.-An act to amend an act approved March third, eighteen hundred and eighty-five, to authorize the construction of bridges across the Cuniberland and Caney Fork Rivers, in Tennessee. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of an act approved March third, eighteen hundred and eighty-five, entitled "An act to give the assent of Congress to the construction of a railroad bridge by the East and Middle Tennessee Railroad Company over the Cumberland and Caney Fork Rivers," be amended so as to read: "That the Middle and East Tennessee Central Railroad Company and the Nashville and Knoxville Railroad Company, or either of said companies, or any company with which either may consolidate, be, and are hereby, authorized to construct and maintain a bridge and approaches thereto over the Cumberland River at the most accessible point in or near the limits of Carthage, county of Smith, and State of Tennessee. Said bridge shall be constructed to provide for the passage of railroad trains across said river, and, in the discretion of said company or companies, wagons, horses, and foot-passengers. And Congress shall have the right to regulate the tolls and charges in respect of the use of said bridge." SEC. 2. That section six be amended so as to read: "Said company or companies, or either of them, is hereby also authorized to construct a railroad bridge over the Caney Fork River at such point as may be necessary in the building of their road, subject to the provisions and limitations contained in the preceding sections of this and the act it is intended to amend." Plans subject to discretion of Secretary of Provisos. Unobstructed navi gation. Use by other com panies. SEC. 3. That said act is hereby so amended as to empower the Secretary of War to use his discretion, in the approval of the plans war. of the bridges therein provided for, as to the height they shall be placed above high water, and the length of span that shall be given the main channel span whether the bridges be of continuous spans or with a draw span: Provided, the bridges or either of them shall not be so constructed as to limit or obstruct the navigation of said river or rivers: Provided also, That all railroad companies desiring to use the bridges aforesaid, for the passage of their trains or cars over the same, shall have that privilege upon such just and reasonable terms as may be agreed upon by the parties, and in the event of their failure to agree, the matter shall be finally determined by the Secretary of War whose determination shall be final. Equal rights and privileges shall also be granted all telegraph and telephone companies in the placing wires upon said bridges. And if the construction of said bridges shall not be commenced in two years and completed within two years from the approval of this act, all the completion. provisions of the same shall be void. Terms. Commencement and SEC. 4. The right to amend or repeal this act whenever Congress Amendment. shall deem that the public good requires it, is hereby reserved. Approved, February 25, 1889. |