thereof by the Department of the Interior were unauthorized and illegal: Therefore, Forfeiture of wagonroad grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby Oregon. made the duty of the Attorney-General, within six months after the passage of this act, to cause suit or suits to be brought, in the name of the United States, in the United States circuit court for the district of Oregon, against all persons, firms, and corporations claiming to own or to have an interest in the lands granted to the State of Oregon by the following enumerated acts of Congress, to wit: "An act granting lands to the State of Oregon to aid in the construction of a military road from Eugene City to the eastern boundary of said State," approved July second, eighteen hundred and sixty-four; "An act granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State," approved July fifth, eighteen hundred and sixty-six; "An act granting lands to the State of Oregon to aid in the construction of a military wagon-road from Dalles City, on the Columbia River, to Fort Boise, on the Snake River," approved February twenty-fifth, eighteen hundred and sixty-seven; Vol. 13, p. 355. Vol. 14, p. 89. Vol. 14, p. 409. Suit to be brought to tion were in specified time. determine if construc To determine the questions of the seasonable and proper completion of said roads in accordance with the terms of the granting acts, either in whole or in part, the legal effect of the several certificates of the governors of the State of Oregon of the completion of said roads, and the right of resumption of such granted lands by the United States, and to obtain judgments, which the court is hereby authorized to render, declaring forfeited to the United States all of such lands as are coterminous with the part or parts of either of said wagon-roads which were not constructed in accordance with requirements of the granting acts, and setting aside patents which have issued for any such lands, saving and preserving the rights of all Rights of bona fide bona fide purchasers of either of said grants or of any portion of said purchasers. grants for a valuable consideration, if any such there be. Said suit Proceedings. or suits shall be tried and adjudicated in like manner and by the same principles and rules of jurisprudence as other suits in equity are therein tried, with right to writ of error or appeal by either or any party as in other cases; and if any person, firm, or corporation having or claiming an interest in any of said lands shall be made defendant in such suit or suits, and in the judgment of the said court be a necessary or proper party defendant, and shall not be an inhabitant of or found within the said district, and shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing said absent defendant or defendants to appear, plead, answer, or demur by a day certain to be designated, which order shall be served upon such absent defendant or defendants in the manner provided by section eight of an act entitled "An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other purposes," approved March third, eighteen hundred and seventy-five: Provided, That in the said circuit court, said suit or suits shall be advanced to hearing in preference to all other civil cases on the dockets: And provided further, That no right of appeal shall exist after six months from the entering of a final decree in said circuit court. Absent defendants. Vol. 18, p. 472. Provisos. Appeal. terested may inter SEC. 2. That the State of Oregon, and any person or corporation Oregon and party inclaiming any interest under or through the grants aforesaid in the lands to be affected by said suit or suits, and whether made a party thereto or not, may intervene therein by sworn petition to defend his interest therein, as against the United States, or against each other, and affecting the said question of forfeiture, and may, upon such petition for intervention, also put in issue and have adjudicated and feited lands. clared valid. determined any other question, whether of law or of fact, which may be in dispute between said intervener and the United States, and affecting the right or title to any part of the lands claimed to have been embraced within the grants of lands by the United States to or Restoration of for- for either of said wagon-roads. Should the lands embraced within said grants or either of them or any portion thereof, be declared forfeited by the final determination of said suit or suits, the same shall be immediately restored to the public domain and become subject to disposal under the general land laws; and should the final determiPatents if grants de- nation of said suit or suits maintain the right of the aforesaid wagonroad grantees or their assigns to the lands embraced in said grants, the Secretary of the Interior shall forthwith adjust said grants in accordance with such determination, and shall cause patents to be issued for the lands inuring to said grantees under said wagon-road grants and which have been heretofore unpatented: Provided further, Actual settlers not That the lands actually settled upon or occupied and used as a homestead or for agricultural or grazing purposes, in cases in which such settler or occupant has acquired the title of the State of Oregon under the grants recited in the first section of this act to the same, not exceeding one section to any one settler or occupant, shall not be included in such suit, and such settler or occupant shall not be made a party thereto, anything in this act to the contrary notwithstanding Proviso. disturbed. March 2, 1889. tertown Railroad Sioux Indian Reserva tion. Approved, March 2, 1889. CHAP. 378.-An act granting right of way to the Forest City and Watertown Railroad Company through the Sioux Indian Reservation. Be it enacted by the Senate and House of Representatives of the Forest City and Wa United States of America in Congress assembled, That the right of Company granted way is hereby granted, as hereinafter set forth, to the Forest City right of way through and Watertown Railroad Company, a corporation duly organized under the general incorporation laws of the Territory of Dakota, its successors and assigns, for the construction, operation, and maintenance of its railroad through the lands set apart for the use of the. Sioux Indians and commonly known as the Sioux Indian Reservation, beginning at a point on the west bank of the Missouri River in Dewey County, Dakota, opposite Forest City, Potter County, Dakota Territory, running thence by the most practicable route in a southwesterly course between the Cheyenne and Moreau Rivers to the city of Deadwood, Dakota.. Location. Width. Stations. Compensation to In dians. SEC. 2. That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central line of said railroad as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station-buildings, depots, machine-shops, 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 one station for each ten miles of its road. SEC. 3. That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid the Indians for such right of way, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railway company in or to any part of the right of Consent of Indians. Way herein provided for until the consent of such Indians as are entitled to such compensation shall be obtained thereto in such manner as the President of the United States shall direct, and until plats Secretary of the In terior to approve loca thereof, made upon actual survey for the definite location of such Surveys, etc. tion, etc. Provisos. SEC. 4. That said company shall not assign or transfer or mortgage Not assignable. this right of way for any purpose whatever until said road shall be completed: Provided, That the company may mortgage said franchise, together with the rolling-stock, for money to construct and complete said road: And provided further, That the right granted Completion. herein shall be lost and forfeited by said company unless the road is constructed and in running order within two years from the passage of this act. SEC. 5. That Congress shall have at all times power to alter, amend, Amendment, etc. or repeal this act and revoke all rights hereunder. Approved, March 2, 1889. CHAP. 379.—An act to increase the appropriation for the public building at Detroit, Michigan. March 2, 1889. Detroit, Mich. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public Limit of cost in building by the United States Government at Detroit, Michigan, be, and the same is hereby, increased to one million five hundred thousand dollars, and that sum is hereby fixed as the limit of cost for the erection of said building, including cost of last site purchased therefor. creased. SEC. 2. That the officers of the United States Government having Contracts. charge of the erection of public buildings are authorized and required to be governed by the limitation hereby prescribed in making con tracts for the erection of said building. SEC. 3. That the sum of five hundred thousand dollars be, and the Appropriation. same is hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act. Approved, March 2, 1889. CHAP. 380.-An act to increase the appropriation for the erection of a public building at Winona, Minnesota. March 2, 1889. Winona, Minn. Vol. 23, p. 483. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the purchase of a site and the erection of a building for the accommodation of the United States creased courts, post-office, and internal revenue and other Government offices at the city of Winona, Minnesota, be, and the same is hereby, increased to one hundred and fifty thousand dollars; and that sum is hereby fixed as the limit of cost for the erection of said building. Approved, March 2, 1889. March 2, 1889. Public lands. private entry. Missouri excepted. Perfection of title. CHAP. 381.-An act to withdraw certain public lands from private entry, and for other purposes. Be it enacted by the Senate and House of Representatives of the Withdrawal from United States of America in Congress assembled, That from and after the passage of this act no public lands of the United States, except those in the State of Missouri shall be subject to private entry. SEC. 2. That any person who has not heretofore perfected title to a tract of land of which he has made entry under the homestead law, may make a homestead entry of not exceeding one-quarter section of public land subject to such entry, such previous filing or entry to the contrary notwithstanding; but this right shall not apply to persons who perfect title to lands under the pre-emption or homestead laws already initiated: Provided, That all pre-emption settlers upon the may change to home- public lands whose claims have been initiated prior to the passage of this act may change such entries to homestead entries and proceed to perfect their titles to their respective claims under the homestead law notwithstanding they may have heretofore had the benefit of such law, but such settlers who perfect title to such claims under the homestead law shall not thereafter be entitled to enter other lands under the pre-emption or homestead laws of the United States. Proviso. Pre-emption settlers stead entry. Leave of absence on account of crops failing, etc Proviso. Price of forfeited railroad lands. Homesteaders may ter-section. required. SEC. 3. That whenever it shall be made to appear to the register and receiver of any public land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such settler so granted leave of absence shall forfeit no rights by reason of such absence: Provided, That the time of such actual absence shall not be deducted from the actual residence required by law. SEC. 4. That the price of all sections and parts of sections of the public lands within the limits of the portions of the several grants of lands to aid in the construction of rail roads which have been heretofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and, also, of all lands within the limits of any such railroad grant, but not embraced in such grant lying adjacent to and coterminous with the portions of the line of any such railroad which shall not be completed at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre. SEC. 5. That any homestead settler who has heretofore entered less enter up to one quar- than one-quarter section of land may enter'other and additional land lying contiguous to the original entry, which shall not, with the land first entered and occupied, exceed in the aggregate one hundred Additional proof not and sixty acres without proof of residence upon and cultivation of the additional entry; and if final proof of settlement and cultivation has been made for the original entry, when the additional entry is made, then the patent shall issue without further proof: Provided, Applicable to owners That this section shall not apply to or for the benefit of any person who at the date of making application for entry hereunder does not own and occupy the lands covered by his original entry: And provided, That if the original entry should fail for any reason, prior to To fail if original, patent or should appear to be illegal or fraudulent, the additional entry shall not be permitted, or if having been initiated shall be canceled. Proviso. only. entry is void. Homestead settlers. SEC. 6. That every person entitled, under the provisions of the homestead laws, to enter a homestead, who has heretofore complied with or who shall hereafter comply with the conditions of said laws, to one-quarter section. and who shall have made his final proof thereunder for a quantity May complete entry of land less than one hundred and sixty acres and received the receiver's final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: Provided, That in no case shall patent issue for the land covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered and otherwise fully complied with such laws: Provided, also, That this section shall not be construed as affecting any rights as to location of sol- Soldiers' certificates. diers certificates heretofore issued under section two thousand three hundred and six of the Revised Statutes. Provisos. Patent. Vol. 20, p. 472. Time extended. SEC. 7. That the "act to provide additional regulations for home- Completing proof. stead and pre-emption entries of public lands," approved March third, eighteen hundred and seventy-nine, shall not be construed to forbid the taking of testimony for final proof within ten days following the day advertised as upon which such final proof shall be made, in cases where accident or unavoidable delays have prevented the applicant or witnesses from making such proof on the date specified. Abandoned military Vol. 23, p. 103. SEC. 8. That nothing in this act shall be construed as suspending, repealing or in any way rendering inoperative the provisions of the reservations. act entitled, "An act to provide for the disposal of abandoned and useless military reservations," approved July fifth, eighteen hundred and eighty-four. Approved, March 2, 1889. CHAP. 382.-An act to amend an act entitled "An act to regulate commerce." approved February fourth, eighteen hundred and eighty-seven. March 2, 1889. Interstate com merce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of an act entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, be, and it is hereby, Vol. 24, p. 380. amended so as to read as follows: Amendments to act. Common carriers to Contents. SEC. . That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules show- print and post scheding the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places, in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected, 66 Such Schedules of freight through foreign coun Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign tries. country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the |