CHAP. CLVI. An Act to authorize the Commissioners of Claims to appoint special May 11, 1872. Commissioners to take Testimony, and for other Purposes. [Extended. commissioners to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners of claims shall have authority to appoint special commissioners to take tes- of claims may timony, to be used in cases pending before them, who shall have author- appoint special ity to administer oaths and affirmations, and to take the depositions of take testimony witnesses: Provided, The claimants shall pay the fees of such special in cases before commissioners for taking the depositions of witnesses called by them; Fees, and who but such fees shall in no case exceed ten cents per folio if the claim is to pay. less than one thousand dollars. them. SEC. 2. That any person who shall knowingly and wilfully swear Knowingly, falsely before the said commissioners of claims, or either of them, or &c., swearing falsely before, before any special commissioner appointed by virtue of this act, in any &c., to be permatter or claim pending before said commissioners, shall be deemed guilty jury, and how of perjury, and, on conviction thereof, shall be punished in the same man- punished. ner prescribed by law in cases of wilful and corrupt perjury. agents. SEC. 3. That the commissioners of claims may appoint and employ Commissionagents, but not more than three at any time, whose duty it shall be, under ers of claims may the direction and authority of said commissioners, to investigate claims employ agents to investigate pending before them, to procure evidence, to secure the attendance of claims, &c. witnesses on behalf of the government, and to examine the same, and to cross-examine the witnesses produced by claimants, and to perform such other duties as may be required of them by said commissioners, who may discharge them at any time. The said agents shall be allowed their Pay and exactual and necessary travelling expenses; the expenses paid out in inves- penses of such tigating claims, procuring witnesses, and taking testimony, and six dollars per day while employed in the discharge of their duties; of all which, at the end of each month, they shall make a statement in detail, specifying Detailed statethe amounts by them paid out, to whom paid, when and where and for ment, &c. what purpose, and the number of days employed in their duties, and shall transmit the same, duly certified, to the commissioners. But no claim No claim of where the amount exceeds ten thousand dollars shall be examined, de- over $10,000 to be reported by cided, and reported by the commissioners to Congress, except the testi- commissioners to mony on behalf of the claimant in such case shall have been taken orally Congress, exbefore the commissioners or some one of them personally, or shall have cept, &c. been taken previous to the third day of March, eighteen hundred and seventy-one, to be used in the court of claims or before some department of the government. Additional missioners and aid to short-hand SEC. 4. That the commissioners may employ three additional clerks at a salary of one thousand two hundred dollars per year; and may employ, at clerks to comthe usual rates, such assistance for the short-hand reporter as may be necessary, from time to time, in reporting, copying, and preparing for reporter, and Congress the oral testimony taken in cases before the said commis- their pay. sioners. SEC. 5. That all the expenses incurred under the provisions of this act Expenses shall be allowed and paid in the same manner, and out of the same under this act how provided for. appropriation provided for in the act organizing the said commissioners 1871, ch. 116, § 6. of claims, being an act entitled "An act making appropriations for the Vol. xvi. p. 525. support of the army for the year ending June thirtieth, eighteen hundred and seventy-two, and for other purposes," approved March third, eighteen hundred and seventy-one. the claims of SEC. 6. That it shall be the duty of the said commissioners of claims Commissionto receive, examine, and consider the justice and validity of such claims ers to consider as shall be brought before them of those citizens who remained loyal loyal citizens for adherents to the cause and government of the United States during the supplies taken, war, for stores or supplies taken or furnished during the rebellion for the &c., during the rebellion, for the use of the navy of the United States, in the same manner and with use of the navy. VOL. XVII. PUB.-7 the like effect as they are now required by law to do in the case of May 11, 1872. CHAP. CLVII. Preamble. An Act to carry out certain Provisions of the Cherokee Treaty of eighteen hundred and sixty-six, and for the Relief of Settlers on the Cherokee Lands in the State of Kansas. Whereas in order that certain provisions of the treaty of July nineVol. xiv. p. 799. teenth, eighteen hundred and sixty-six, between the United States and the Cherokee nation may be rendered clearer, and made more satisfactory to settlers upon the lands known as the "Cherokee strip," in the State of Kansas, said settlers having moved thereon since the date of said treaty, and for the purpose of facilitating the sale of said lands: Therefore, sas to be surveyed and Be it enacted by the Senate and House of Representatives of the United Certain Chero- States of America in Congress assembled, That the strip of land lying kee lands in Kan- west of the Neosho river, and included in the State of Kansas, conveyed to the Cherokee nation of Indians by the United States, and now beoffered for sale. longing to said nation, shall be surveyed, under the direction of the commissioner of the general land office, in the same manner as the public lands of the United States are surveyed, and shall be by him offered for sale under the provisions and restrictions of this act; and all the lands in said tract lying east of the Arkansas river shall be sold at two dollars per acre, and all lands in said tract lying west of said river shall be sold at one dollar and fifty cents per acre, except as hereinafter provided: Provided, That where there is a fraction of land less than forty acres, the same shall be sold with the contiguous tract, expense of survey to be paid out of the proceeds of said land in accordance with the treaty of July ninth, eighteen hundred and sixty-six. Price. Fractions of less than forty acres. Heads of fam ilies, &c., settlers, &c., upon these lands may enter and purchase not over 160 acres. Price and payment. Heads of families, &c., who may settle, &c., within one year. SEC. 2. That each person being the head of a family or over twentyone years of age who has made a bona-fide settlement and improvement upon any portion of said lands, and is now occupying the same, or, in case of his or her death, the heirs of such, or, if such heirs are minors, their guardians for them, shall be entitled to enter and purchase the lands so settled upon and occupied, not exceeding one hundred and sixty acres, at the price fixed in the first section of this act, payment for which shall be made at any time within one year from the date of the approval by the Secretary of the Interior of the acceptance of the provisions of this act, as provided for in the fifth section hereof; and all persons heads of families or over twenty-one years of age who may settle upon said lands at any time within one year from the date of the passage of this act, may purchase the land so settled upon, not exceeding one hundred and sixty acres, at the price fixed in the first section of this act, and shall make payment therefor within one year from the date of said settlement: Provided, That all lands not sold under the foregoing provisions of this section, and all lands settled upon but unpaid for at the expiration of the limitation named in the foregoing provisions of this act, shall, unless such payment be suspended by reason of contest or appeal, be sold by the Secretary of the Interior, on sealed bids, after due advertisement, in tracts not exceeding one hundred and sixty acres, and at not less than the price fixed in the Proof of settle- first section of this act: Provided further, That proof of settlement, entry, ment, entry and and payment shall be made at the land-office of the proper district, under payment. such regulations as the commissioner of the general land office shall Town-site laws prescribe: And provided further, That the town-site laws shall be, and made applicable. hereby are, extended to and made applicable to said lands, subject to the Public adver- provisions of this act: And provided further, That the Secretary of the Interior may cause public advertisement to be made of the provisions of this act. Lands not sold within, &c., to be sold, on sealed bids, after, &c. tisement. Certain Cherokee citizens, SEC. 3. That any Cherokee citizen, or the heirs at law of such who had rights under the Cherokee laws to any portion of said lands, and of certain lands. whose titles were valid at the date of the treaty of eighteen hundred and &c., to receive sixty-six, and who may be able to establish such validity within one year proceeds of sales from the date of the passage of this act, under such rules as the Secretary of the Interior may prescribe, shall receive the proceeds of the sale of such identical lands, not exceeding one hundred and sixty acres, instead of their being invested as hereinafter provided for in the fourth section of this act. Proceeds of SEC. 4. That all moneys accruing from the sales of land under this act shall, without unnecessary delay, be invested in the registered five per sales under this centum bonds of the United States, as provided in the twenty-third article of the treaty of eighteen hundred and sixty-six. act to be invested. Sales not to be visions of this SEC. 5. That the sale of said lands, as hereinbefore provided for, shall not take place until the provisions of this act are accepted by the Cherokee made until pronational council, or by a delegation duly authorized thereby; which ac- act are accepted ceptance shall be filed with the Secretary of the Interior, and, when by Cherokee approved by him, the same shall be final and conclusive. APPROVED, May 11, 1872. national council, &c. CHAP. CLVIII. — An Act to authorize the Construction of a Bridge across the Missouri May 11, 1872. River, at Boonville, Missouri. the Missouri Boonville and Railway tracks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Boonville Railroad Bridge across Bridge Company, a corporation existing under the laws of the State of river, in MisMissouri, be, and is hereby, authorized to construct and maintain a bridge souri, between over the Missouri river, between the city of Boonville, in Cooper county, Franklin. and Franklin, in Howard county, in said State, and to lay on or over said bridge railway-tracks for the more perfect connection of any railroads that are, or shall be, constructed to the said river at or opposite said point, under the limitations and conditions hereinafter provided; that said bridge shall Navigation not not interfere with the free navigation of said river beyond what is necessary with. in order to carry into effect the rights and privileges hereby granted; and Litigation to in case of any litigation arising from any obstruction, or alleged obstruction, be in the district to the free navigation of said river, the cause may be tried before the dis- United States. trict court of the United States of the State of Missouri in which any portion of said obstruction or bridge touches. to be interfered court of the Bridge may be with unbroken Spans and Pivot draw 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 draw-bridge, with a draw-bridge, or a pivot or other form of draw, or with unbroken or continuous spans: Pro- spans. vided, That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation, in any case, than fifty feet above piers. extreme high-water mark, as understood at the point of location, to the bottom chord of the bridge; nor shall the spans of said bridge be less than two hundred and fifty feet in length; and the piers of said bridge shall be parallel with the current of the river, and the main span shall be over the main channel of the river, and not less than three hundred 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 and draw. bridge, 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 in the clear 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 two hundred and fifty feet; and said spans shall not be less than thirty feet above low-water mark, and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, Draw to be That said draw shall be opened promptly, upon reasonable signal, for the opened promptly. passage of boats; and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. Bridge to be a post-route. Charges and right of way for postal-telegraph purposes. All railway companies to have equal rights in the passage of the bridge. Regulations for building and using the bridge. SEC. 3. That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and shall be known and recognized 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 their transportation over the railroads or public highways leading to the said bridge, and the United States shall have the right of way for postal-telegraph purposes across said bridge. SEC. 4. That all railway companies desiring to use the said bridge shall 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 all 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. SEC. 5. That the structure herein authorized shall be built under and subject to such regulations for the security of the navigation of said river and lake as the Secretary of War shall prescribe; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through and under said structure; and Congress may the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require. direct the struc ture to be changed, &c., or revoke the authority to con tinue the bridge. altered, &c. Act may be .May 14, 1872. See Ante, pp. 17, 25, 30, and SEC. 6. That the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by the construction of bridges is hereby expressly reserved. Be it enacted by the Senate and House of Representatives of the United Post, pp. 382, 415, States of America in Congress assembled, That the following be, and are hereby, established as post-roads: 586. Post-roads established in Alabama. ALABAMA. From Crossville, via Big Wills Creek and Rodentown, to Atalla. From Crossville, via Grove Oak, Newville, and Park's Store, to Scottsboro'. From Tuscumbia, Saint's Store, to Newburg. From Rocky Head to Haw Ridge. From Kemp's Creek to Bowdon. From Ashland, via Hillabee, Millersville, and Bradford, to Rockford. From Louina, via Wood's Ferry, Wesobulga, and Mullins, to Blakes' From High Shoals, via Roanoke, Wief's, Higgins', and Buffalo Wallow, to Chambers'. From Rock Mills, via Bacon Level, Hickory Flat, and Wehadka, to Antioch. From Pinckneyville to Childersburg. From Tuskegee, via Honey Cut, to Union Springs. From Hines Precinct to Tuskegee. From Wedowee, via Jordans and Arbacoochee, to Bell's Mills. From Cole's Station to Tallasee. From Wetumpka to Robinson Springs. From Society Hill to Hurtville. From Troy, via Pea River, Buck Horn, and Louisville, to Clayton. From Blake's Ferry, via Fox Creek, to East Mill. From Tuskegee, via Cross Keys, Culhatchee, and Mount Meigs, to From Dadeville, via Pinckneyville and Sylacogga, to Childersburg. From Letohatchee, via Hickory Grove, Mount Carmel, Argus, and From Chulafinnee to Caimbardville. From Jasper to Somerville. From Bullock to Rutledge. From Rock Mills to Houston, Georgia. From Smith's Station, via Warcoochee, Beulah, Ossisippi, Trammell's Factory, to West Point, Georgia. From Hillians to Collinsville. From Jasper to Jonesboro. From Handy to Jasper. From Houston to Hanby's Mills. From Tuscumbia, via Saint's Store, to Newburg. From Florence, via Rice's Store, to Waynesboro, Tennessee. From Tuscumbia, via Fink's Store, to Frankfort. From Tuscumbia, via Fike's Store, to Frankfort. From Florence, via Saint's Store, to Waynesboro, Tennessee. From Pikesville, via Bexas, to Fulton, Mississippi. From Allsboro to Iuka, Mississippi. From Smith's Station, via Warcoochee Valley, Beulah, Mechanicsville, Ossinoppi, Georgia and Alabama Manufacturing Company, to West Point, Georgia. From Abbeville to Clopton. From Columbia to Port Gains, Georgia. From Bullock to Rutledge. From Dadeville, via Mountreal, Mt. Zion, Fish Pond, Bulger's Mills, Kowaliga, Guthries, Cotton Store, Sand Tuck, Howle's Store, to Wetumpka. From Waverly via Rome, Walnut Hill, Melton's Mills, to Channahatchee. ARIZONA TERRITORY. From Tubac to Monument. From Tubac, via Sonoita Valley, to Crittenden. From Hardyville, via Mineral Park, to Prescott. From Bradshaw, via Walnut Grove, to Wickenburg. Post-roads established in Alabama; Arizona Terri tory; From West Plains, via Wright's Mill, to Mountain Home. From Cambria to Mercyville, in Missouri. From West Plains, via Spear's Mills, to Gainesville. From Maysville to Vinita, Indian Territory. Arkansas. |