Fees. Criminal trials. selected as juror under section ten of this act shall not necessarily operate as cause of challenge to the whole panel. SEC 14 That the fees of the jurors and witnesses before said court herein created shall be the same as provided in the district court of the United States for the western district of Arkansas. SEC. 15. That in all criminal trials had in said court, in which a Juries of citizens jury shall be demanded, and in which the defendant or defendants shall be citizens of the United States, none but citizens of the United States shall be competent jurors. may be demanded. Writs and process. Chickasaw Nation and part of Choctaw, judicial of Texas. SEC. 16. That the judge of the court herein established shall have the same authority to issue writs of habeas corpus, injunctions, mandamus, and other remedial process, as exists in the circuit court of the United States. SEC. 17. That the Chickasaw Nation and the portion of the Chocattached to eastern taw Nation within the following boundaries, to wit: Beginning on Red River at the southeast corner of the Choctaw Nation; thence north with the boundary-line between the said Choctaw Nation and the State of Arkansas to a point where Big Creek, a tributary of the Black Fork of the Kimishi River, crosses the said boundary-line; thence westerly with Big Creek and the said Black Fork.to the junction of the said Black Fork with Buffalo Creek; thence northwesterly with said Buffalo Creek to a point where the same is crossed by the old military road from Fort Smith, Arkansas, to Boggy Depot, in the Choctaw Nation; thence southwesterly with the said road to where the same crosses Perryville Creek; thence northwesterly up said creek to where the same is crossed by the Missouri, Kansas and Texas Railway track; thence northerly up the center of the main track of the said road to the South Canadian River; thence up the center of the main channel of the said river to the western boundary-line of the Chickasaw Nation, the same being the northwest corner of the said nation; thence south on the boundary-line between the said na tion and the reservation of the Wichita Indians; thence continuing south with the boundary-line between the said Chickasaw Nation and the reservations of the Kiowa, Comanche, and Apache Indians to Red River; thence down said river to the place of beginning; and all that portion of the Indian Territory not annexed to the district of Kansas by the act approved January sixth, eighteen hundred and eighty-three, and not set apart and occupied by the five civilized tribes, shall, from and after the passage of this act, be annexed to and constitute a part of the eastern judicial district of the State of Texas, for judicial purposes. Vol. 22, p. 400. To be a division of eastern district. Terms of courts. SEC. 18. That the counties of Lamar, Fannin, Red River, and Delta of the State of Texas, and all that part of the Indian Territory attached to the said eastern judicial district of the State of Texas by the provisions of this act, shall constitute a division of the eastern judicial district of Texas; and terms of the circuit and district courts of the United States for the said eastern district of the State of Texas shall be held twice in each year at the city of Paris on the third Mondays in April and the second Mondays in October; and the United States courts herein provided to be held at Paris shall have exclusive original jurisdiction of all offenses committed against the laws of the United States within the limits of that portion of the Indian Territory attached to the eastern judicial district of the State of Texas by the provisions of this act, of which jurisdiction is not given by this act to the court herein established in the Indian Territory; and all civil process, issued against persons resident in the said counties of Lamar, Fannin, Red River, and Delta, cognizable before the Return of process. United States courts shall be made returnable to the courts, respectively; to be held at the city of Paris, Texas: Prosecutions. Proviso. And all prosecutions for offenses committed in either of said lastmentioned counties shall be tried in the division of said eastern district of which said counties form a part: Provided, That no process Clerk at Parls. issued or prosecution commenced or suit instituted before the pas- Pending causes. sage of this act shall be in any way affected by the provisions thereof. SEC. 19. That the judge of the eastern judicial district of the State of Texas shall appoint a clerk of said court, who shall reside at the city of Paris, in the county of Lamar. Punishment for obstructing, etc., rail SEC. 20. That every person who shall, in the Indian Territory, willfully and maliciously place any obstruction, by stones, logs, or any roads. other thing, on the track of any railroad, or shall tear up or remove, burn, or destroy any part of any such railroad, or the works thereof, with intent to obstruct the passage of any engine, car, or cars thereon, or to throw them off the track, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment at hard labor for any time not more than twenty years: Proviso. Provided, That if any passenger, employee, or other person shall be killed, either directly or indirectly, because of said obstruction, tearing up, removing, burning, or destroying, the person causing the same shall be deemed guilty of murder, and, upon conviction thereof, To be murder on oc shall be punished accordingly. casioning death. Punishment for into telegraph, etc., SEC. 21. That any person aforesaid who shall, in the Indian Ter- Punishment for disturbing religious wor SEC. 22. That every person aforesaid who shall, in the Indian Ter- Punishment for assault with intent to SEC. 23. That every person aforesaid who shall, in the Indian counry, feloniously, willfully, and with malice aforethought assault any rob. person with intent to rob, and his counselors, aiders, and abettors, shall, on conviction thereof, be imprisoned at hard labor for a time not less than one no. more than fifteen years. erty. SEC. 24. That every person who shall, in the Indian Territory, Punishment for inknowingly mark, brand, or alter the mark or brand of any animal juries to animal propthe subject of larency, the property of another, or who shall knowingly administer any poison to or maliciously expose any poisonous substance with the intent that the same shall be taken by any of the aforesaid animals, or shall willfully and maliciously, by any means whatsoever, kill, maim, or wound any of the aforesaid animals, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprisonment; and in case the animal shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favor of the party injured for threefold the amount of the damages so assessed by the jury, for which said amount execution may issue against the defendant and his property. sault. SEC. 25. That if any person, in the Indian country, assault another Punishment for aswith a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury where no considerable provocation appears, or where the circumstances of the assault Punishment for set show an abandoned and malignant disposition, he shall be adjudged guilty of a misdemeanor, and, on conviction shall be fined in any sum not less than fifty nor, exceeding one thousand dollars and imprisoned not exceeding one year. SEC. 26. That if any person shall maliciously and willfully set on ting fire to woods, etc. fire any woods, marshes, or prairies, in the Indian Territory, with the intent to destroy the fences, improvements, or property of another, such person shall be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court. Certain sections not applicable between Indians. Repeal. SEC. 27. That sections five, twenty-three, twenty-four, and twentyfive of this act shall not be so construed as to apply to offenses committed by one Indian upon the person or property of another Indian. SEC. 28. That all laws and parts of laws inconsistent with the provisions of this act be, and the same are hereby, repealed. Approved, March 1, 1889. March 2, 1889. Fort Worth, Tex. Plans, etc. Proviso. Title, etc. CHAP. 356.-An act for the erection of a public building at Fort Worth, Texas. 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 and directed to purchase a site for, and cause to be erected thereon a suitable building with fire-proof vaults therein, for the accommodation of the postoffice and other Government offices, at the city of Fort Worth, in the State of Texas. The plans, specifications, and full estimates of said building shall be previously made and approved according to law, and shall not exceed, for the site and building complete, the sum of seventy-five thousand dollars: 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 streets and alleys; and no money appropriated for this purpose shall be available until a valid title to the site for said building shall be vested in the United States, nor until the State of Texas shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owners thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein. Approved, March 2, 1889. March 2, 1889. Soo and Southwest may bridge Mississippi ern Railway Company River at Alma, Wis. Proviso. CHAP. 357.-An act to authorize the construction of a bridge for railway purposes across the Mississippi River between the States of Wisconsin and Minnesota, to be located north of and in the vicinity of the city of Alma, Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Soo and Southwestern Railway Company, a corporation organized under the laws of the State of Wisconsin, and its successors and assigns, Lc, and they are hereby, authorized to construct and maintain railway bridge and approaches thereto across the Mississippi River between the States of Wisconsin and Minnesota from a point just north of the Beef Slough cut-off, in section twenty-one, township number twentytwo north, of range thirteen west, of the fourth principal meridian, above the city of Alma, in the county of Buffalo, Wisconsin, to and upon the west bank of said river, in the county of Wabasha, in the State of Minnesota: Provided, That Congress may at any time prescribe such rules and regulations in regard to toll and otherwise as may be deemed reasonable. Provisos. Size. SEC. 2. That said bridge shall be built with a draw, so as not to Draw. impede the navigation of said river; said draw shall be a pivot-draw, over the channel of said river usually navigated, near the Wisconsin shore, and giving a clear width of water-way of not less than two hundred feet on each side of the central or pivot pier of the draw, and in addition to said draw openings shall have one or more fixed chan- Spans. nel-spans, each having not less than three hundred and fifty feet clear channel-way, and every part of the superstructure of said bridge shall give a clear head-room of not less than ten feet above high-water mark: Provided, That all spans shall be so located as to afford the greatest possible accommodation to the river traffic, and a draw opening shall, if practicable, be located next or near shore: Provided, also, That if the physical characteristics of the locality so require and the interests of navigation be not injured thereby, the lengths of the fixed spans or the number of draw-openings may be reduced: Provided, also, That for every two adjacent openings of two hundred feet each, one draw opening of three hundred feet may be substituted if the interests of navigation be not injured thereby: Provided, That said draw shall always be opened promptly upon reasonable signal, and said corporation shall maintain at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: And provided further, That no bridge shall be built under the provisions of this act except there also be built at the time of the erection of the piers proper sheer-booms, or other proper protections, to safely guide boats, vessels, rafts, and other water-craft through said draw-spans and the raft-spans of said bridge. Opening draw. Lights, etc. Aids to navigation. SEC. 3. That any bridge authorized to be constructed under this act Secretary of War to shall be built and located under and subject to such regulations for approve plans, etc. the security of navigation on said river as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approved, a design and drawings of the bridge and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at extreme high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and said bridge shall not be built until the plan and location thereof are approved by the Secretary of War, but when so approved the work on said bridge and the approaches thereto, and the accessory works, may be commenced and prosecuted to completion: Provided, That as nearly as practica- Provisos. ble the said bridge shall be at right angles to, and the piers parallel with, the current of said river: And provided further, That any change in the mode of construction of said bridge shall be first submitted to the said Secretary for his approval, and when approved the said corporation may then proceed with the construction in accordance with said change. And provided, also, That if said bridge when con- Not to obstruct navi. structed shall, in the opinion of the Secretary of War, be a substan- gation. tial obstruction to the navigation of said river, the said Secretary shall require said corporation to change the construction thereof, or to remove the same entirely, so as to avoid any serious and substantial obstruction to the navigation of said river at the expense of the owners of said bridge. SEC. 4. That the bridge hereby authorized shall be a lawful structure, and shall be a post-route upon which no higher charge shall be made for the transportation of the mails of the United States and the troops and munitions of war, or for passengers or freight passing over said bridge, than the rate per mile paid to railroads and transportation companies leading to said bridge, and it shall enjoy the rights and privileges of other post-roads in the United States. Changes Lawful structure and post-route. Postal telegraph. Use by other companies. Terms. and the United States shall have the right of way for postal-telegraph purposes across said bridge. SEC. 5: 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 railway 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 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 matSecretary of War to ters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties: Provided, That the provisions of section four, in regard to charges for passengers and freight across said bridge, shall not govern the Secretary of Determining com- War in determining any question arising as to the sum or sums to be paid to the owners of said bridge by said railroad companies for the use of said bridge. decide. Proviso. pensation. General provisions applicable. Vol. 17, p. 44. Amendment, etc. Aids to navigation. SEC. 6. That this act shall be subject, except as above mentioned, to the limitations and provisions of an act entitled "An act to authorize the construction of a bridge across the Mississippi River at or near the town of Clinton, in the State of Iowa, and other bridges across said river, and to establish them as post-roads," approved April first, eighteen hundred and seventy-two. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any change in such structure, or its entire removal, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. SEC. 8. That it shall be the duty of the Secretary of War, on satisfactory proof that a necessity exists therefor, to require the corporation or persons owning said bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained at their own cost and expense in the form of booms, dikes, piers, or other suitable or proper structures for the guiding of rafts, steam-boats, and other water-craft safely through the passage-way as shall be specified in his order in that behalf; and on failure of the corporation or persons To be established by aforesaid to make and establish such additional structures within a Secretary of War on reasonable time, the said Secretary shall proceed to cause the same failure. to be built or made at the expense of the United States, and shall refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States, proceedings in any of the circuit courts of the United States, within the jurisdiction of which such bridge, or any part thereof is or may be located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. Suits for costs. Commencement and completion. SEC. 9. That this act shall be null and void, if actual construction of the bridge herein authorized be not commenced within two years, and completed within four years, from the date thereof. Approved, March 2, 1889. March 2, 1889. Memphis, Tenn. CHAP. 358. An act to extend the limits of the port of Memphis, Tennessee. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the limits of Port limits extended. the present port of Memphis, Tennessee, be extended from Beale street southward to Jackson street, and that the east line of the present port be extended southward until it intersects said Jackson street. Approved, March 2, 1889. |