Vol. 24, p. 384. trial. jury, as provided by the seventh amendment to the Constitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Commission as provided in the fifteenth section of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to the circuit court of the United States sitting as a court of law in the judicial district in which the carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time and place for the trial of Order of court for said cause, which shall not be less than twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial of the findings of fact of said Commission as set forth in its report shall be prima facie evidence of the matters therein stated, and if either party shall demand a jury or shall omit to waive a jury the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause; but if all the parties shall waive a jury in Waiving jury. writing, then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value Practice. Summoning jury. of two thousand dollars or more either party may appeal to the Appeal. Supreme Court of the United States under the same regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendition of the judgment of said circuit court. If the judgment of the circuit court shall be in favor of the party complaining, he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the court, which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always Circuit courts to be in session." SEC 6. That section seventeen of said act is hereby amended so as to read as follows: Costs. ་ always in session. "SEC. 17. That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business ings of Commission. and to the ends of justice. A majority of the Commission shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Commission shall have an official seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and affirmations and sign subpoenas." SEC. 7. That section eighteen of said act is hereby amended so as to read as follows: 66 Record of votes and acts. Subpoenas. Amendments to section 18. Vol. 24, p. 386. "SEC. 18. That each Commissioner shall receive an annual salary Salaries. of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission shall appoint a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The point employees. Commission to ap- Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the Commission may hire suitable offices for its use, and shall have authority to procure all necessary office supplies. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Offices. Witnesses. Expenses. Amendments to sec tion 21. Vol. 24, p. 387. Annual report of Commission to be gress. "All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employes under their orders, in making any investigation, or upon official business in any other places than in the City of Washington, shall be aliówed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission." SEC. 8. That section twenty-one of said act is hereby amended so as to read as follows: "SEC. 21. That the Commission shall, on or before the first day of made direct to Con- December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necList of employees. essary; and the names and compensation of the persons employed by said Commission." Amendments to sec tion 22. Vol. 24, p. 387. Exceptions to provisions of the act. Extension. ees. SEC. 9. That section twenty-two of said act is hereby amended so as to read as follows: "SEC. 22. That nothing in this act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this act shall be construed to prevent railroads Officers and employ- from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act." Proviso. Circuit and district courts may issue man facilities to shippers. damus to compelequal Provisos SEC. 10. That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ; Provided, That if any Mandamus may is question of fact as to the proper compensation to the common car- sue pending determirier for the service to be enforced by the writ is raised by the plead- nation. ings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall Other remedies not be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. Approved, March 2, 1889. excluded. CHAP. 383.-An act to authorize the Secretary of War to lease a certain tract of land to the Leavenworth City and Fort Leavenworth Water Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to lease to the Leavenworth City and Fort Leavenworth Water Company the following described tract of land in the military reservation at Fort Leavenworth, in the State of Kansas: Boundaries. Beginning at the north-west corner of the twenty acre tract of land formerly in said military reservation granted to the Leavenworth Coal Company by the act of Congress approved July twentieth, Vol. 15, p. 392. eighteen hundred and sixty-eight; thence north in extension of the west line of said twenty acre tract five hundred feet; thence east parallel to the north line of said twenty acre tract eight hundred and twenty feet, more or less, to the railroad right of way; thence southerly on the west line of said right of way five hundred and three feet, more or less, to the north line of the said twenty acre tract; thence west on the said north line to the place of beginning, containing nine and three-fourths acres, more or less, reserving to the United States or assigns the coal, or royalty for the coal, underlying said lands, for the purpose of constructing and maintaining thereon a reservoir and such other works as may be necessary to enable said company to supply the troops at Fort Leavenworth, and its other patrons, with pure water: Provided, That the company shall have the Proviso. free and uninterrupted use of said tract of land for the purposes above named, under the direction and control of the Secretary of War, so long as it is so used, and that when they cease to occupy and use it for such purposes the lease shall be null and void. Reversion. Ante, p. 170. SEC. 2. That the act of Congress entitled "An act to authorize the Former act repealed. sale of a tract of land in the military reservation at Fort Leavenworth, in the State of Kansas, approved the sixth day of June, anno Domini eighteen hundred and eighty-eight, be, and the same is hereby, repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. Approved, March 2, 1889. CHAP. 384.-An act to authorize the Omaha, Dodge City and Southern Railway Company to build its road across the Fort Hays Military Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Omaha, Dodge City and Southern Railway Company, a corporation in the State of Kansas, be, and is hereby, granted a right of way, not to exceed one hundred feet in width, across the Fort Hays Military Reservation, upon such line as may be approved by the Secretary of War. Approved, March 2, 1889. Effect. March 2, 1889. Old Orchard Shoal, New York. lished. Waacaack, N. J. CHAP. 385.-An act for the establishment of a light-house and fog-signal at Old Orchard Shoal, in Princess Bay, New York, and for other purposes. enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be established a light-house and fog-signal at or near old Orchard Shoal, Princess Bay, New York; and a new tower at Waacaack lightstation, New Jersey, at a cost not to exceed sixty thousand dollars. Approved, March 2, 1889. March 2, 1889. New Berne, N. C. Site. Plans, etc. Estimates. Limit of cost. Proviso. Title. CHAP. 386.-An act to provide for the erection of a public building at the city of New Berne, North Carolina. 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 or otherwise provide a suitable site, and cause to be erected thereon a substantial and commodious building, with fire-proof vaults extending to each story, for the use and accommodation of the postoffice, the United States courts, custom-house, internal-revenue offices, and other Government offices, at the city of New Berne, in the State of North Carolina. The site, and building thereon, when completed upon plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed in cost the sum of seventy-five thousand dollars; nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance of the sum herein limited after the site shall have been purchased and paid for, shall have been approved by the Secretary of the Treasury; and no purchase of site nor plan for said building shall be approved by the Secretary of the Treasury, involving an expenditure exceeding the sum of seventyfive thousand dollars for site and building; and the site purchased shall leave the building independent and unexposed to danger from fire in adjacent buildings by an open space of not less than forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until a valid title to said site shall be vested in the United States, nor until the State of North Carolina shall cede to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil processes therein. Approved, March 2, 1889. March 2, 1889. and Western Railroad CHAP. 387.-An act to establish a railway bridge across the Illinois River, between a point within five miles of Columbiana, in Greene County, and a point within five miles of Kampsville, in Calhoun County, in the State of Illinois. Be it enacted by the Senate and House of Representatives of the Litchfield, Carrollton United States of America in Congress assembled, That the Litchfield, Company may bridge Carrollton and Western Railroad Company, a corporation organized Illinois River between under the laws of the State of Illinois, its successors and assigns, Columbiana and Kampsville, Ill. are hereby authorized and empowered to erect, establish, and maintain a railway bridge across the Illinois River, between a point to be by them selected within five miles of Columbiana, in Greene County, and a point to be selected by them, within five miles of Kampsville, in Calhoun County, in the State of Illinois; and that said bridge shall not interfere with the free navigation of said river, and in case of any litigation arising from any obstruction or alleged obstruction to Litigation. the free navigation of said river, the same shall be instituted and determined in the district court of the United States for the southern district of the State of Illinois. Construction. Provisos. Unobstructed navi gation. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if the said bridge shall be built with unbroken or continuous spans it shall have one or more chan- Spans. nel spans, each having not less than three hundred and fifty feet clear channel-way, and not less than fifty-five feet clear head-room above high-water mark, and the clear head-room under the other channel spans may be less than fifty-five feet: Provided, That no part of the superstructure of such spans shall give a less head-room than ten feet above high-water mark: And provided further, That the interests of navigation be not injured by such reduction in height; Height. and the piers of said bridge shall be parallel with the current of said river, and the main span shall be over the main channel of the river, and not less than three hundred and fifty feet in length: And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, Draw. with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than one hundred and sixty feet in length on each side of the central or pivot-pier of the draw; and the next adjoining spans to the draw shall not be less than three hundred and fifty feet in length; and every part of the superstructure shall give a clear head-room of not less than ten feet above high-water mark: Provided, That the spans of both high and low hridges shall be so located as to afford the greatest possible accommodations to the river traffic, and a draw-opening of low bridges shall, if practicable, be located next or near shore; and the piers of said bridge shall be parallel with the current of the river when said bridge may be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats. SEC. 3. That any bridge constructed under this act and according to its limitation shall be a lawful structure, and shall be known and recognized as a post-route, and the same is hereby declared to be 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 their transportation over the railroads and public highways leading to the said bridge, and the United States shall have the right of way for a postal telegraph across said bridge. etc. Location of spans, Opening draw. Lawful structure and post-route. Postal telegraph. panies. SEC. 4. That all railway companies desiring to use said bridge Use by other comshall have and be entitled to equal rights and privileges in the passage of the same and in the use of the machinery and fixtures thereof, and of the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree. Terms. SEC. 5. That the structure herein authorized shall be built and Secretary of War to located under and subject to such regulations for the security of approve location, etc. 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 drawings of said 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 fines at high and low water, the direction and strength of the current 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 STAT L-VOL XXV-55 |