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CHAP. 66.—An act granting the right of way to the Pensacola and Memphis Railroad Company over and through the public lands of the United States in the States of Florida, Alabama, Mississippi, and Tennessee, and granting the right of way to said railroad company over and through the United States naval and military reservations near Pensacola, in the State of Florida.

January 17, 1889.

phis Railroad Com

cola naval reservation,

Location.

Provisos.

Tracks to navy

yard.

occupation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Pensacola Pensacola and Mem and Memphis Railroad Company, a company organized under the pany granted right of laws of the States of Florida, Alabama, and Mississippi, is hereby way through Pensa. granted the right of way, one hundred feet wide, through the lands Florida. belonging to the United States lying near Pensacola, in the State of Florida, known as the naval reservation, be, and hereby is, granted to the Pensacola and Memphis Railroad Company, a corporation organized, and so forth, to be located to the satisfaction of the Secretary of the Navy, evidenced by his written consent: Provided, That the said railroad. Company, on notification by the Secretary of the Navy, shall, within a reasonable time thereafter, construct, maintain, and operate at its own expense a spur track or tracks to enter into and be located at such place or places within the present limits of the navy-yard inclosure on said reservation as may be designated by the Secretary of the Navy: And provided further, That the Secretary of the Navy be, and is hereby, authorized to allow the use by Water-front, etc., said company, in the accommodation of its general traffic and the maintenance of a coaling station, of so much of the land and waterfront of the said reservation lying west of and outside the present navy-yard inclosure as in his judgment will not be required for naval purposes, and as will not be a hinderance to the public defense nor prejudicial to the health of those residing on the Government reservation, and not to exceed in any case three hundred feet of water-front, which width may extend back along the line of said road not more than one thousand feet; the value of the use of land to be appraised by a board of naval officers, to be appointed by the Secretary of the Navy: And provided further, That said company shall reimburse the resi- Damages. dents of said reservation for any damage to their property or tenements caused by the construction, excavation, or operation of said oad, such damage in all cases to be fixed by said board: And provided further, That the right of way and other privileges granted in Commencement and this section shall become inoperative and null and void, unless the said railroad company shall complete the construction of and have in use its tracks across said reservation within one year from the date of the passage of this act.

The Secretary of the Navy may, at any time when he shall deem it necessary for the public good, cause to be removed or destroyed all or any of the structures hereby permitted, without subjecting the Government to damages, and Congress may at any time alter or repeal this act.

completion.

Amendment.

Buildings, etc., to be approved by Secreta

And the said company shall not erect or allow the use of any residences on said reservation, nor shall it erect any structures of any ry of the Navy. kind thereon, except such as the Secretary of the Navy shall approve, and all approvals in this act required shall be in writing. Received by the President January 5, 1889.

[NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]

January 21, 1889.

Milwaukee, Wis.
Public building.
Site.

Cost of site.

Limit of cost.

CHAP. 91.—An act for the erection of a public building at Milwaukee, Wisconsin. 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 acquire by purchase, condemnation or otherwise a site for, and cause to be erected thereon, a suitable building, with fire-proof vaults therein, for the accommodation of the United States post office, district and circuit courts, custom-house, intèrnal-revenue office, pension office, and other Government offices, at the city of Milwaukee, Plans, estimates, etc. Wisconsin. The plans, specifications, and full estimates for said building shall be previously made and approved according to law, and shall not exceed for the site and building complete the sum of one million two hundred thousand dollars; and the cost of said site shall not exceed the sum of four hundred thousand dollars; and it shall be the duty of the Secretary of the Treasury, after the site for said building shall have been purchased, to cause plans and specifications of said building to be prepared, which said plans and specifications shall have reference to the probable increase of the population of said city and the consequent needs of the Government during the next twenty years, but shall not involve an expenditure in the erection and completion of said building exceeding the amount remaining of the total sum appropriated by this act after the site of said building shall have been paid for; and no plan shall be approved by the Secretary of the Treasury involving an expenditure exceeding the sum which remains after paying for the site of said building: Provided, That the site.shall leave the building unexposed to danger from fire in adjacent buildings, and adequately provided with light, by an open space of not less than fifty feet, including streets and alleys, on all sides of said building; and that 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 Wisconsin shall have ceded 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 process therein: Provided further, That the Secretary of the Treasury shall be, and he is hereby, authorized, whenever in his judgment the pubSale of present build-lic interest will admit, in his discretion, to sell and convey the present property of the United States in said city now occupied as a public building, with the site thereof, the proceeds of the sale of said property to be covered into the Treasury; Provided, however, That the New building on old said Secretary may, in lieu of purchasing an entirely new site as aforesaid, purchase additional necessary ground adjoining the site of the present public building in said city, at a cost, however, not exceeding three hundred thousand dollars, and cause to be erected thereon said new building; but in the event that said present site shall be so utilized for said new building, the cost of said building, including said additional ground, shall not exceed one million one hundred thousand dollars.

Provisos.

Open space.

Title, etc

ing.

site.

Appropriation.

January 21, 1889.

Omaha, Nebr.
Public building.

SEC. 2. That the sum of one million two hundred thousand dollars be, and the same hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act.

Approved, January 21, 1889.

CHAP. 92.-An act to provide for the purchase of a site and the erection of a public building thereon, at Omaha, Nebraska.

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 pur

Site.

Limit of cost.

Provisos.

chase or acquire by condemnation or otherwise, a suitable lot of land
in the city of Omaha, in the county of Douglas and State of Nebraska,
and cause to be erected on the ground so purchased a building suitable
for the accommodation of the courts of the United States, of the cus-
tom-house, post-office, internal-revenue, and and other Government
offices in that city at a cost which shall not exceed for the site and
building complete the sum of one million two hundred thousand dol-
lars and the cost of said site shall not exceed the sum of four hun-
dred thousand dollars: Provided, That the site shall leave the build-
ing unexposed to danger from fire in adjacent buildings by an open Open space.
space of not less than forty feet, including streets and alleys; and no
moneys appropriated for this purpose shall be available until a valid
title to the site for said building shall be vested in the United States, Title, etc.
nor until the State of Nebraska shall have ceded 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 ad-
ministration of the criminal laws of said State and the service of civil
process therein: Provided, That it shall be the duty of the Secretary
of the Treasury, after the site for said building shall have been pur-
chased, to cause a plan and specifications of said building to be pre- Plans, etc.
pared, which said plan and specifications shall not involve an ex-
penditure, in the erection and completion of said building and the
approaches thereto, exceeding the portion of said one million two hun-
dred thousand dollars remaining after the site of said building shall
have been paid for; and no plan for said building shall be approved
by the Secretary of the Treasury involving an expenditure exceeding
the sum so remaining after paying for the site of said building, and
the erection of said building shall not be commenced until after plans,
specifications, and full estimates for the same shall have been pre-
viously made and approved according to law: And provided further,
That nothing herein contained shall be construed in any event to in-
crease the cost of the site and building, including approaches, when
completed, beyond the sum of one million two hundred thousand dol-
lars, as provided in this section.

Estimates.

Limit not to be exceeded.

Present building to be turned over to War

SEC. 2. That the present post-office and custom-house building shall be used for the purpose for which it is now used until such time as Department. the building herein provided for shall be completed and ready for occupancy, and when it shall be occupied for the purposes named the present post-office and custom-house building shall be turned over by the Secretary of the Treasury to the Secretary of War, and shall be used for the offices of the Department of the Platte, under the direction of the Secretary of War.

SEC. 3. That the sum of six hundred thousand dollars be and the Appropriation. same is hereby appropriated out of any money in the Treasury not otherwise appropriated for the purchase of said site and the commencement of said building. Approved, January 21, 1889.

CHAP. 93.—An act to increase the appropriation for the purchase of a site for a building for a post-office, court-house, and other offices in San Francisco, California.

January 21, 1889.

San Francisco, Cal.
Public building.
Limit of cost of site
Vol. 24, p. 500.

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 a limit of the cost for the purchase of a site for a building for a post-office, court-house, and other offices by the United increased. States Government, in San Francisco, California, be, and the same is hereby, increased to eight hundred thousand dollars, and that sum is hereby fixed as a limit of cost for the purchase of a site at voluntary sale or by condemnation.

Present limit to gov

ern.

SEC. 2. That the commissioners and officers of the United States Government having charge of the purchase of a site are authorized and required to be governed by the limitation hereby prescribed. Approved, January 21, 1889.

January 30, 1889.

Water lands, Wisconsin.

Vol. 18, p. 482.
Ante, p. 478.

CHAP. 99.—An act to amend an act entitled "An act declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the act of Congress entitled 'An act granting to railroads the right of way through the public lands of the United States,' approved March third, eighteen hundred and seventy-five," approved September tenth, eighteen hundred and eighty-eight.

Be it enacted by the Senate and House of Representatives of the reserve United States of America in Congress assembled, That an act entitled' "An act declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the act of Congress entitled 'An act granting to railroads the right of way through the public lands of the United States,' approved March third, eighteen hundred and seventy-five," approved September tenth, eighteen hundred and eighty-eight, be amended by striking out the words "November twenty-eighth, eighteen hundred and eighty-one," where they occur in said act, and inserting in lieu Date of proclama thereof the words "February twentieth, eighteen hundred and eighty-two."

tion corrected.

Approved, January 30, 1889.

January 30, 1889.

International money

orders.

R. S., sec. 4028, p.

777, amended.

Maximum amount

gollars.

CHAP. 100.-An act to increase the maximum amount of international-moneyorders from fifty to one hundred dollars.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four thousand and twenty-eight of the Revised Statutes of the United States (second edition, eighteen hundred and seventy-eight), be, and the same is hereby, amended so as to read as follows:

"SEC. 4028. The Postmaster-General may conclude arrangements raised to one hundred with the post departments of foreign governments with which postal conventions have been or may be concluded for the exchange, by means of postal orders, of small sums of money, not exceeding one hundred dollars in amount, at such rates of exchange and compensation to postmasters and under such rules and regulations as he may deem expedient; and the expenses of establishing and conducting such systems of exchange may be paid out of the proceeds of the moneyorder business."

Effect.

SEC.. 2. That this act shall take effect within six months from the date of its approval by the President. Approved, January 30, 1889.

February 1, 1889.

Washington, D. C. Baltimore and Ohio Railroad Company

CHAP. 111.-An act to authorize the Commissioners of the District of Columbia -to permit the temporary occupation and crossing of certain streets, in the city of Washington and District of Columbia by the tracks of the Baltimore and Ohio Railroad Company, to meet the demands of increased travel incident to the inaugural ceremonies on the fourth of March, eighteen hundred and eighty-nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia are hereby authorized and dipermitted to lay tem- rected to issue to the Baltimore and Ohio Railroad Company a permit to lay and use, for a period commencing February twentieth, eighteen hundred and eighty-nine, and extending to and including

porary tracks.

March tenth, eighteen hundred and eighty-nine, temporary tracks on the following streets and avenues:

First. Commencing at the east side of North Capitol street, and Locations. crossing said North Capitol street to D street, and down the bed of

D street, occupying it with two tracks to its intersection with New
Jersey avenue.

Second. Commencing at the south side of Massachusetts avenue, and extending in a southerly direction across E street at or about the building line into square six hundred and eighty-one, the property of the Baltimore and Ohio Railroad Company, and running parallel with the Baltimore and Ohio Railroad Company's freight warehouse to North Capitol street.

Third. To cross the unnamed street running north and south through square six hundred and seventy-eight, between F and G streets with five tracks, being the extension of the five tracks now in use in the southeast portion of square six hundred and seventy-eight, with the privilege of closing this street to travel from the first to the sixth of March, inclusive.

Approved, February 1, 1889.

CHAP. 113.-An act to abolish circuit court powers of certain district courts of the United States, and to provide for writs of error in capital cases, and for other purposes.

February 6, 1889.

Circuit courts established in Arkansas,

R. S., sec. 571, p. 97.

98, 101, amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and is hereby, established a circuit court of the United States in and Mississippi, and South for the western district of Arkansas, for the northern district of Carolina. Mississippi, and for the western district of South Carolina, respect-R. S., sec. 572, pp. ively, as the said districts are now constituted by law. And terms Terms. of said circuit courts, respectively, shall be held at the times and places now provided by law for the holding of the district courts in said districts, respectively, and terms of the circuit court shall be held also at Helena, in the eastern district of Arkansas, at the same times the district court is now required by law to be held; and also at the times and places in West Virginia, where the district court is now provided by law to be held.

Jurisdiction.

SEC. 2. That said circuit courts, respectively, shall have and exercise, within their respective districts, the same original and appellate jurisdiction as is or may be conferred by law upon the other circuit courts of the United States; and all suits, causes, and proceedings now Pending causes. pending in the said several respective district courts, and also in the district court of the district of West Virginia, and also in the district court of the eastern district of Arkansas, held at Helena, in and concerning which the said district courts exercise circuit court powers, shall be transferred to and belong to the jurisdiction of said circuit courts, respectively, and shall be proceeded with accordingly.

Clerks.

Marshals.

SEC. 3. That there shall be appointed for each of said circuits courts in this act mentioned, by the circuit court judge of the circuit in which said districts are respectively embraced, a clerk, who shall take the oath and give the bond required by law for clerks of circuit courts, who shall discharge all the duties and be entitled to all the fees and emoluments prescribed by general law. And the marshals of the United States in and for said respective districts shall act as marshals of said circuit courts, and the district attorneys of the United States in and for said respective districts shall discharge the duties of district attorneys in said circuit courts. Hereafter all appointments of cuit court clerks. clerks of circuit courts of the United States shall be made by the circuit judges of the respective circuits in which such circuit courts are

Appointment of cir

R. S., sec. 619, p. 108, amended. Vol. 20, p. 204.

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