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September 25, 1890.

Bridges across Ten

nessee and Cumberland Rivers.

Vol. 25, pp. 640, 641,

amended.

CHAP. 921.-An act to amend an act entitled "An act to authorize the Cairo and Tennessee River Railroad Company to construct bridges across the Tennessee and Cumberland Rivers." Approved January eighth, Eighteen hundred and eightynine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act of Congress approved January eighth, eighteen hundred and eighty-nine entitled "An act to authorize the Cairo and Tennessee River Railroad Company to construct bridges across the Tennessee and Cumberland Rivers" be and the same is hereby, amended by striking Change in location. out the words "below Aurora" in section one, and inserting in lieu thereof "from Birmingham in Marshall County Kentucky to the" and in lines fourteen and fifteen section four after the words "SecConformity of plans. retary of War" insert "or conform to the existing laws of Congress concerning the building of such bridges across navigable streams;" Commencement and and in section six, line two, strike out "two" and insert in lieu completion extended. thereof "three" and in line three strike out "three" and insert in lieu thereof "five."

Approved, September 25, 1890:

September 25, 1890.

Virginia.

changed.

CHAP. 922.-An act to amend section five hundred and seventy-two of the Revised Statutes so as to provide for the holding of the regular terms of 'the circuit and district courts for the western districts of Virginia.

. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the Terms of courts for circuit and district courts of the United States for the western diswestern district trict of Virginia shall be held: At Danville on the Tuesday after R.S.. sec. 572, p. 101, the second Monday in April and November; at Lynchburg on the R.S., sec. 658, p. 123, Tuesday after the second Monday in March and September; at Abingdon on the Tuesday after the first Monday in May and October. and at Harrisonburgh on the Tuesday after the first Monday in June and December, instead of at the times now provided by law.

amended.

amended.

Process, etc.

All process, bonds, and recognizances heretofore issued or existing, having relation to the terms of said courts as now by law existing, shall be deemed and taken to have relation and effect at, and in respect of, the terms of said courts in this act fixed.

Approved, September 25, 1890.

September 25, 1890.

CHAP. 923.--An act to authorize the construction of bridges over the Savannah, Ocmulgee, and Oconee Rivers by the Macon and Atlantic Railway Company. Be it enacted by the Senate and House of Representatives of the Macon and Atlantic United States of America in Congress assembled, That the assent of Railway Company the United States of America is hereby given to the Macon and AtOcmulgee, and Oco-lantic Railway Company, a corporation incorporated by the laws of

may bridge Savannah,

nee Rivers, Ga.

Locations,

Security of navigation.

the State of Georgia, its successors and assigns, and such other persons as may be associated with it, to construct and maintain a bridge over the Savannah River at a point, by it to be selected, within six miles of the bridge of the Charleston and Savannah Railroad Company over said river in the County of Effingham, over the Ocmulgee River, within six miles of the mouth of Tobesofka Creek, in Bibb County, and over the Oconee River, within six miles of Dublin, in Laurens County.

SEC. 2. That the bridges shall be so constructed by draw-span or otherwise that a free and unobstructed passage may be secured to all vessels and other water-craft navigating said river. That any bridges constructed under this act shall be built and located under

Secretary of War to approve plans, etc.

and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, designs and drawings of the bridges, piers, and approaches, and a map of the location, giving, for the space of at least one mile above and one mile below the proposed location, of each bridge the topography of the banks of the rivers, the shorelines at high water and at low water, and the direction and the strength of the currents at all stages, and the soundings, accurately showing the bed of the streams and the location of other bridges, wharves, landings, or ferries, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until said plans and locations of the bridges are approved by the Secretary of War the bridges shall not be built; and after such approval by the Secretary of War the approved plans and designs for the bridges shall not be deviated from or added to, either Change of plans. during the construction or after the completion of the bridges, until the proposed change shall have been submitted to the Secretary of War and received his approval; and the said bridges shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said bridges, and if said bridges or any one of them be built with draws, said draws shall be opened promptly upon reasonable signal for the passage of boats or other craft, and the said company or corporation shall maintain at its own expense, from sunset until sunrise, such lights or other sig Lights, etc. nals on said bridges as the Light-House Board shall prescribe; and if at any time the navigation of said river shall in any manner be obstructed or impaired by the bridges authorized by this act to be constructed the Secretary of War shall have authority, and it shall be his duty, to require said company to alter and change said bridges Structural changes, at its own expense, in such manner as may be proper to secure free etc. and complete navigation without impediment; and if upon reasonable notice to said company, its successors or assigns, to make such change or alteration, the said company fails to do so, the Secretary of War shall have authority to make the same, at the expense of the

Draws.

Opening of draws.

Obstructed naviga

tion.

owner or owners of said bridges; and in case of any litigation aris- Litigation.
ing from any obstruction or alleged obstruction to the free naviga-
tion of said rivers, caused or alleged to be caused by said bridges, the
case may be brought in the district court of the United States in and
for the district in whose jurisdiction any portion of said obstruction
or bridge may be: Provided, also, That nothing in this act shall be
so construed as to repeal or modify any of the provisions of law now
existing in reference to the protection of the navigation of rivers or
to exempt these bridges from the operations of the same.

Proviso.

Existing law.

Lawful structures

SEC. 3. That any bridges built under this act and subject to its limitations shall be lawful structures, and shall be recognized and and post-routes. known as post-routes, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops and munitions of war of the United States, or passengers or freight than the rate per mile for the transportation over the railroads or public highways leading to said bridges, and they shall enjoy the rights and privileges of other post-roads of the United States. And equal privi- Use by telegraph, leges in the use of said bridges shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridges and their approaches for postal-telegraph purposes.

SEC. 4. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structures or their removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

etc., companies.

Postal-telegraph.

Amendment, etc.

Removal, etc.

completion.

SEC. 5. That this act shall be null and void if actual construction Commencement and of the bridges herein authorized be not commenced within one year and completed within three years from the date of the approval of this act.

Use by other railroad companies.

Terms.

SEC. 6. That all railroad companies desiring the use of said bridges shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and over the approaches to the same, upon the payment of a reasonable compensation for such use, and in case the owner or owners of said bridges and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall conform in using said decide disagreements. bridges, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

Secretary of War to

Approved, September 25, 1890.

September 25, 1890.

Chicago, Henderson, Bowling Green and

Company may bridge

Rivers, Ky.

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CHAP. 924.—An act to authorize the Chicago, Henderson, Bowling Green and Chattanooga Railway Company to construct a bridge over Green and Barren Rivers, in the State of Kentucky.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chicago, Chattanooga Railway Henderson, Bowling Green and Chattanooga Railway Company, Green and Barren organized under an act of the general assembly of the Commonwealth of Kentucky, be, and is hereby, authorized to construct and maintain one or more bridges, and the approaches thereto, over Green River and Barren River, in the State of Kentucky, at such points as said company may deem suitable for the passage of its said road over said rivers. Said bridges shall be constructed to proRailway, or railway, vide for the passage of railway trains and, at the option of the corporation by which they may be built, may be used for the passage of wagons and vehicles of all kinds and for foot passengers.

Locations, etc.

wagon, and foot bridge.

Lawful structures and post-routes.

SEC. 2. That any bridges built under this act and subject to its limitations shall be lawful structures, recognized and known as post-routes, and they shall enjoy the same rights and privileges as other post-roads in the United States. Equal privileges in the use Use by telegraph, of said bridges shall be granted to all telegraph and telephone com

etc., companies.

Postal-telegraph,

Use by other companies.

Terms.

tion.

panies, and the United States shall have the right of way across said bridges and their approaches for postal-telegraph purposes.

SEC. 3. That all railroad companies desiring the use of said bridges shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridges 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 bridges, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

SEC. 4. That any bridges authorized to be constructed under this act shall be built and located under and subject to such regulations Security of naviga for the security of the 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 drawing of the bridges and a map of the location thereof, and until the said plan and location of the Secretary of War bridges are approved by the Secretary of War the bridges shall not to approve plans, etc, be commenced or built; and should any changes be made in the plan of said bridges during the progress of construction, such changse

shall be subject to the approval of the Secretary of War; and said bridges shall be at all times so managed and kept as to offer reasonable and proper means for the passage of vessels through or under them; and to secure the safe passage of vessels at night there shall be displayed on said bridges, from sunset to sunrise, such lights or other signals as may be prescribed by the Light-House Board; and all changes in said bridges required by the Secretary of War at any time, or their entire removal, shall be at the expense of the corporations or persons owning or operating said bridges.

SEC. 5. That the right to alter, amend, or repeal this act is hereby
expressly reserved.

SEC. 6. That this act shall be null and void if actual construction
of the bridges herein authorized be not commenced within one year
and completed within three years from the date hereof.
Approved, September 25, 1890.

Structural changes,

etc.

Amendment, etc.

Commencement and

completion.

CHAP. 925.-An act to authorize the Secretary of the Interior to sell certain September 25, 1890. lands, and to grant the proceeds of such sale to the town of Pelican, Oneida County, Wisconsin, for school purposes.

in

Public lands. and proceeds grantfor school purposes County, Wis.

Sale of certain lands

Pelican, Oneida

o Cost of appraisal. Description, etc.

pointed.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to cause an appraisal to be made at an expense of not exceeding one hundred ed dollars of the following-described lands, situated in the town of Pelican, in the county of Oneida and State of Wisconsin, and now a part the homestead law, namely: Lots numbered two and three, and the southeast quarter of the northwest quarter, and the northwest quarter of the northeast quarter, all in section numbered thirty-two, in township numbered thirty-seven north, of range numbered nine east, of the fourth principal meridian, and being in the Wausau land district ment survey, one hundred and sixty-six and forty one hundreths in the State of Wisconsin, and containing, according to Governacres Said appraisal shall be made by three competent men, to be Appraisers to be apselected by the Secretary of the Interior, who shall make a true estimate of the value of said lands according to their best judgment Appraisal. after a personal inspection of the same. Said appraisers shall make two copies of their appraisal, one of which shall be transmitted to the Secretary of the Interior, and the other filed in the United States Land office for the district in which said lands are located. As soon of the Interior shall cause a statement containing the substance of after the receipt. of such appraisal as practicable the Secretary saidapraisal to be published in three newspapers published in the State of Wisconsin, one of which shall be published in the county where said lands are situated, together with a notice that said lands will be offered for sale at the land office in the district where said lands are located on a certain day, which shall not be less than three sale said lands shall be sold to the highest bidder for cash, but no maths after said appraisal nor more than six months, at which bid shall be accepted for said lands or lots which is not equal to the appraised value of said lands or lots, made as aforesaid: Provided, That the Secretary may, if in his opinion it is deemed advisable and in the interests of justice, divide one or more of said lots or subdivisions above described into lots of one acre or smaller, and cause to be

etc.

Publication.

Notice of sale.

Sale.

Limitation.
Proviso.

Sale of subdivisions,

Proceeds donated to

SEC. 2. That the proceeds of such sale, after deducting the cost of
the appraisal, subdividing, advertising, and sale, is hereby donated school purposes.

to the town of Pelican, in the county and State aforesaid, to be used by said town towards paying for the erection of a public school building or for the support of the public schools of said town, as the proper town authorities may direct.

Approved, September 25, 1890.

September 25, 1890.

Preamble.
Big trees.

Public land in Califor a public park, etc.

fornia reserved, etc.,

Location, etc.

Post, p. 651.

Reservation, etc.

Trespassers.

Secretary of Interior to control.

Care, etc.
Regulations.

CHAP. 926.—An act to set apart a certain tract of land in the State of California as a public park.

Whereas, the rapid destruction of timber and ornamental trees in various parts of the United States, some of which trees are the wonders of the world on account of their size and the limited number growing, makes it a matter of importance that at least some of said forests should be preserved: Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of land in the State of California known and described as township numbered eighteen south, of range numbered thirty east, also township eighteen south range thirty-one east; and sections thirty-one, thirty-two, thirty-three, and thirty-four, township seventeen, south range thirty east, all east of Mount Diablo meridian, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park, or pleasure ground, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon, or occupy the same or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom.

SEC. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the s&me. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. Leases for buildings. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding ten years of small parcels of ground not exceeding five acres, at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of Expenditure of reve- the proceeds of said leases and other revenues that may be derived from any source connected with said park to be expended under his direction in the management of the same and the construction of Destruction of fish roads and paths therein. He shall provide against the wanton de struction of the fish and game found within said park, and against their capture or destruction, for the purposes of merchandise or tres- profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be neces sary or proper to fully carry out the objects and purposes of this act. Approved, September 25, 1890.

nues.

and game.

Removal of passers, etc.

September 26, 1890.

Street Railroad Com

CHAP. 938.-An act granting right of way across United States lands in Saint Augustine, Florida.

Be it enacted by the Senate and House of Representatives of the Saint Augustine United States of America in Congress assembled, That there be, and pany granted right of hereby is, granted to the Saint Augustine Street Railroad Company, way across Govern- a corporation duly organized under and by virtue of the laws of the State of Florida, a right of way for a street railway, along and across

ment lands, Saint Augustine, Fla.

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