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PUBLIC ACTS OF THE FIFTIETH CONGRESS

OF THE

UNITED STATES

Passed at the first session, which was begun and held at the city of Washington, in the District of Columbia, on Monday, the fifth day of December, 1887, and was adjourned without day on Saturday, the twentieth day of October, 1888.

GROVER CLEVELAND, President; JOHN J. INGALLS, President of the Senate pro tempore; JOHN G. CARLISLE was elected Speaker of the House of Representatives December fifth, 1887; SAMUEL S. Cox was elected Speaker pro tempore January seventeenth, 1888; Mr. CARLISLE resumed the duties of Speaker February sixth; SAMUEL S. COX was elected Speaker pro tempore February twenty-third; Mr. CARLISLE resumed the duties of Speaker March fourteenth; JAMES H. BLOUNT was elected Speaker pro tempore June twenty-eighth; Mr. CARLISLE resumed the duties of Speaker June thirtieth; BENTON MCMILLIN was elected Speaker pro tempore July thirty-first; Mr. CARLISLE resumed the duties of Speaker August fourth; SAMUEL S. Cox was elected Speaker pro tempore September seventeenth; Mr. CARLISLE resumed the duties of Speaker September twenty-fourth.

CHAP. 1.-An act to amend the law concerning the Commissioner of Fish and Fisheries.

January 20, 1888.

Fish Commissioner.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section four thousand three hundred and ninety-five of the Revised St tutes of the United States be, and the same is hereby, amended to read as 81, amended. follows:

R. S., sec. 4395, p.

Commissioner Fish and Fisheries.

That there shall be appointed by the President, by and with the advice and consent of the Senate, a person of scientific and practical acquaintance with the fish and fisheries to be a Commissioner of Fish and Fisheries, and he shall receive a salary at the rate of five thou- Salary. sand dollars a year, and he shall be removable at the pleasure of the President. Said Commissioner shall not hold any other office or employment under the authority of the United States or any State. Approved, January 20, 1888.

CHAP. 2.-An act relating to permissable marks, printing or writing, upon second, third, and fourth-class matter, and to amend the twenty-second and twentythird sections of an act entitled "An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes.

of

Not to hold any ether office.

January 20, 1888.

Permissible marks on mail matter.

matter.

mail

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That mailable matter of the second-class shall contain no writing, print, or sign Vol. 20, p. 360, 361. thereon or therein in addition to the original print, except as herein provided, to wit: the name and address of the person to whom the matter shall be sent, index figures of subscription book either printed or written, the printed title of the publication and the place of its Second-class publication, the printed or written name and address without addition of advertisement of the publisher or sender, or both, and written or printed words or figures, or both, indicating the date on which the subscription to such matter will end, the correction of any typographical error, a mark except by written or printed words, to designate a work or passage to which it is desired to call attention; the words "sample copy" when the matter is sent as such, the words "marked copy" when the matter contains a marked item or article, and publishers or news agents may inclose in their publications, bills, STAT L-VOL XXV-1

(1)

Third class.

receipts, and orders for subscriptions thereto, but the same shall be in such form as to convey no other information than the name, place of publication, subscription price of the publication to which they refer and the subscription due thereon. Upon matter of the third class or upon the wrapper or envelope inclosing the same or the tag or lable attached thereto the sender may write his own name, occupation, and residence or business address, preceded by the word from," and may make marks other than by written or printed words to call attention to any word or passage in the text, and may correct any typographical errors. There may be placed upon the blank leaves or cover of any book or printed matter of the third-class a simple manuscript dedication or inscription not of the nature of a personal correspondence. Upon the wrapper or envelope of thirdclass matter or the tag or lable attached thereto may be printed any matter mailable as third-class, but there must be left on the address side a space sufficient for a legible address and necessary stamps. With a package of fourth-class matter prepaid at the proper rate for that class, the sender may inclose any mailable third-class matter, and may write upon the wrapper or cover thereof, or tag or label accompanying the same, his name, occupation, residence or business. address, preceded by the word "from," and any marks, numbers, names, or letters for purpose of description, or may print thereon the same, and any printed matter not in the nature of a personal correspondence, but there must be left on the address side or face of the package a space sufficient for a legible address and necessary stamps. In all cases directions for transmit, delivery, forwarding, or return to prescribe regula shall be deemed part of the address; and the Postmaster-General shall prescrible suitable regulations for carrying this section into effect.

Fourth class.

Postmaster-General

tions.

Penalties for violations.

SEC. 2. That matter of the second, third, or fourth class containing any writing or printing in addition to the original matter other than as authorized in the preceding section shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first-class, deducting therefrom any amount which may have been prepaid by stamps affixed, unless by direction of the PostmasterGeneral such postage shall be remitted; and any person who shall knowingly conceal or inclose any matter of a higher class in that of a lower class, and deposit or cause the same to be deposited for conveyance by mail, at a less rate than would be charged for both such higher and lower class matter, shall for every such offense be liable to a penalty of ten dollars.

Approved, January 20, 1888.

January 31, 1888.

may bridge Mississip

Lowa.
Post, p. 360.

CHAP. 3.—An act to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River, at or near Burlington, Iowa. Be it enacted by the Senate and House of Representatives of the Burlington and Illi- United States of America in Congress assembled, That the Burlingnois Bridge Company ton and Illinois Bridge Company, its successors, and assigns, be, and pi River at Burlington, they are hereby, authorized to construct and maintain, if in the opinion of the Secretary of War the same be a public necessity, a railroad, wagon, and foot-passenger bridge across the Mississippi River at a place suitable to the interests of navigation at a point at or near the city of Burlington, Iowa, and to lay on or over said bridge a track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said point, under the limitations and Free navigation not conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted;

to be impaired.

foot bridge.

and in case of any litigation arising from any obstruction or alleged Litigation. obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Said bridge shall be constructed to provide for the passage of rail- Railroad, wagon, and road trains, and for the safe and convenient passage of wagons and vehicles of all kinds, animals, and foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary of War: Provided, That the proviso regarding wagons, animals, foot-passengers, and so forth, shall not influence the location of said bridge in its relation to the interests of navigation.

Tolls.

Proviso.

Location.

Construction.

Provisos.

Spans.

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 or with unbroken and continuous spans Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall give clear head-room of not less, in any case, than fifty-five and one-half feet above extreme high-water mark, as understood at the point of location, nor shall the spans of said bridge give a clear width of water-way of less than two hundred and fifty feet, 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 give a clear width of water-way of not less than three hundred feet: And provided further, That if any bridge built under the provisions Draw. of this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a pivot over the main channel of the river at an accessible and navigable point and with spans giving a clear width of water-way of not less than two hundred feet on each side of the central or pivot pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than two hundred and fifty feet: Provided, That if the pivot pier of said bridge shall be constructed within less Pivot pier. than four hundred and ten feet of the west shore of said river the span constructed west of said pivot pier may be less than two hundred and fifty feet, and said spans shall give a clear head-room of not less than ten feet above extreme high-water mark; and the piers of said bridge shall be parallel with the current of the river where

said bridge shall be erected: And provided also, That said draw shall Opening draw. be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.

ure and post-route.

Postal telegraph.

SEC. 3. That any bridge constructed under this act and according To be lawful structto its limitations shall be a lawful structure, and shall be known 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, and for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to 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 said bridge shall Railway companies have and be entitled to equal rights and privileges in the passages 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. Secretary of War to SEC. 5. That the structure herein authorized shall be built and etc. located under and subject to such regulations 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

to have right of way.

prescribe regulations,

Map.

Changes.

drawing of the 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-line 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 bridge or bridges, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation, the bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the said bridge shall be constructed with such aids to the passage of said bridge, in the form of Aids to navigation. booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent and easily navigated channel, for a distance of not less than one mile above the bridge location, and for the guiding of rafts, steamboats, and other water-craft safely through the draw and raft spans, as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning said bridge; 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 or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be prescribed by the Secretary of War; and the said structure shall be changed or removed 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 and modification by law, when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States.

Lights.

Time for construction.

Right to alter, etc., reserved.

SEC. 6. That if actual construction of the bridge herein authorized shall not be commenced within two years from the passage of this act, and be completed in four years from the same date, the rights and privileges hereby granted shall cease and be determined. SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, January 31, 1888.

February 1, 1888.

Deficiencies priation, 1887.

CHAP. 4.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-seven, and for prior years, and for other purposes.

Be it enacted by the Senate and House of Representatives of the appro- United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year eighteen hundred and eightyseven, and for other objects hereinafter stated, namely:

Department of State.

Plymouth National Monument.

Vol. 24, p. 18.

DEPARTMENT OF STATE.

That any unexpended balance of the sum of fifteen thousand dollars appropriated by the act entitled "An act in aid of the national monument at Plymouth, Massachusetts," approved May first, eighteen hundred and eighty-six, may be expended in aid of the construc tion of any of the statues constituting said monument.

FOREIGN INTERCOURSE.

SALARIES OF MINISTERS: To enable the accounting officers to settle the account of V. O. King, chargé d'affaires ad interim to Bogota, being a deficiency for the fiscal year eighteen hundred and eightysix, three hundred and nine dollars and six cents.

Foreign intercourse.

Ministers' salaries.

Salaries of consular

SALARIES CONSULAR OFFICERS NOT CITIZENS: To enable the accounting officers to settle the accounts of consular officers not citi- officers not citizens. zens, being a deficiency for the fiscal year eighteen hundred and eighty-six, four thousand seven hundred and fifty-six dollars and one cent.

TREASURY DEPARTMENT.

Treasury Department.

Additional pay for employees on refund

To enable the Secretary of the Treasury to pay a reasonable addıtional compensation to the employees of the Treasury Department ing loan. who were actually employed during the months of July, August, September, and October, eighteen hundred and eighty-two, in addition to the usual business hours, on account of the work of exchanging bonds of the United States bearing three and a half per centum interest for bonds bearing interest at the rate of three per centum per annum, authorized by section eleven of "An act to enable national banking associations to extend their corporate existence, and for other purposes," approved July twelfth, eighteen hundred and Vol. 22, p. 165. eighty-two, to be paid by the said Secretary to those actually engaged as aforesaid, in such sums as shall seem to him to be just and equitable, as follows:

For employees in the division of loans and currency of the office of the Secretary of the Treasury, one thousand three hundred and eighty-four dollars and forty-eight cents;

For employees in the division of records, files, and mail in said office, five hundred and sixty-four dollars and fifty-six cents;

For employees in the office of the Register of the Treasury, one thousand four hundred and ninety-eight dollars and ten cents;

For employees in the office of the Treasurer of the United States, six hundred and ninety-nine dollars and eighty cents; in all, four thousand one hundred and forty-six dollars and ninety-five cents.

INDEPENDENT TREASURY.

To reimburse Bureau of Engraving and Printing for work done by that Bureau on account of appropriation for checks and drafts, independent Treasury, for the fiscal year eighteen hundred and eightysix: Engraving and printing checks and drafts for sub-treasuries, four hundred and thirty-one dollars and forty cents.

ENGRAVING AND PRINTING.

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legal-tender notes.

SILVER CERTIFICATES AND LEGAL-TENDER NOTES: For printing Silver certificates and and finishing additional silver certificates and legal-tender notes of the denominations of one and two dollars, during the fiscal year ending June thirtieth, eighteen hundred and eighty-eight, to be expended as follows: Under the Bureau of Engraving and Printing, for compensation of employees, six thousand dollars; for plate-printing, twenty-eight thousand dollars; for materials and miscellaneous expenses, twelve thousand dollars; under the office of the Treasurer of the United States, for materials needed in sealing and separating United States securities, five hundred dollars; for salaries for additional pressmen, feeders, and separators, three thousand three hundred dollars; in all, forty-nine thousand eight hundred dollars, and the number of printers' assistants at one dollar and fifty cents a day may, by direction of the Secretary of the Treasury, be increased to thirty-eight, and the number of printers' assistants at one dollar and twenty-five cents a day reduced to one hundred and seventy-six.

Printers' assistants.

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