Treasury, shall not exceed in cost the sum of fifty thousand dollars; Approved, August 8, 1888. August 8, 1888. Public building. CHAP. 794.-An act for the erection of a public building at Ottumwa, Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Ottumwa, Iowa. of the Treasury be, and he is hereby, authorized and directed to purchase, acquire by condemnation, or otherwise provide a site, and cause to be erected thereon a substantial and commodious building, with fire-proof vaults, for the use and accommodation of the post-office, and for other Government uses, at Ottumwa, Iowa. The site and Site, plans, etc. 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 forty thousand dollars; nor shall any site be purchased until estimates for the erection of a building Estimates. 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 said sum of forty thousand dollars for site and building; and the site purchased shall leave the building unexposed to danger from fire by an open space of at least forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until a valid title to the said site shall be vested in the United Title, etc. States, nor until the State of Iowa 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 process therein. Approved, August 8, 1888. Limit of cost. Proviso. CHAP. 816.-An act to cancel certain reservations of lands, on account of liveoak, in the southwestern land-district of the State of Louisiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the reservation set apart by order of the President, October twenty-first, eighteen hundred and forty-five, in the southwestern land-district of the State of Louisiana, known as Pecan Island, within the following townships to wit: Number fifteen south, range one west; number fifteen south, range two west; number sixteen south, range one west; number fifteen south, range one east; number sixteen south, range one east, on account of the live-oak supposed to grow thereon, be, and are hereby, canceled and annulled; Provided, That all persons who have in good faith settled upon and made improvements upon Pecan Island, within August 9, 1888. Louisiana. homestead settlers. Pecan Island open to Proviso. the limits of the said townships, at the time of the passage of this act, and who occupy the same, shall be entitled to enter the same, not exceeding one hundred and sixty acres each, under the provisions of the homestead laws, except section twenty-three hundred and one R. S., sec. 2301, p. 421. of the Revised Statutes, and be admitted to make their proofs and complete their titles in the same manner as if the said reservations for live-oak had not been made. Approved, August 9, 1888. August 9, 1888. Kansas. Term of district lina. R. S., sec. 572, p. 99. CHAP. 817.-An act to provide for the holding of the district court of the United States at Salina, Kansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be court to be held at Sa- one term of the United States district court for the district of Kansas held in the city of Salina in each year, the term of said court to be held on the second Monday of May from and after the passage of this act. But no cause, action, or proceeding shall be tried or considered in the court herein provided for unless by consent of all the parties thereto or order of the court for cause. Deputy clerk and marshal. SEC. 2. That the clerk of the district court for the district of Kansas, the marshal and district attorney for said district shall perform the duties pertaining to their offices, respectively, for said courts; and said clerk and marshal shall appoint a deputy to reside and keep their offices at Salina, and who shall, in the absence of their principals, do and perform all the duties appertaining to their said offices, respectively. Approved, August 9, 1888. August 9, 1888. Indians. White men marrying CHAP. 818.-An act in relation to marriage between white men and Indian women. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemble That no white man, Indian women not to not otherwise a member of any tribe of Indians, who may hereafter acquire tribal rights. marry, an Indian woman, member of any Indian tribe in the United States, or any of its Territories except the five civilized tribes in the Indian Territory, shall by such marriage hereafter acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled. Indian women marrying white men to become citizens. Proviso. Tribal rights. Evidence of mar riage. SEC. 2. That every Indian woman, member of any such tribe of Indians, who may hereafter be married to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in this act contained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. SEC. 3. That whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by, the party against whom the proceeding is.. had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. Approved, August 9, 1888. CHAP. 819.—An act to authorize the leasing of the school and university lands in the Territory of Wyoming, and for other purposes. August 9, 1888. School lands may be Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county Wyoming. commissioners of each of the counties organized or hereafter organ- leased. ized in the Territory of Wyoming are hereby authorized to lease the lands devoid of timber and known mineral deposits heretofore reserved or that may hereafter be reserved for school purposes in their respective counties, in such manner as may be provided by the laws of the said Territory. SEC. 2. That all moneys derived from the leasing of the lands as provided by the first section of this act shall become part of the school funds of the county where such lands are situated, and shall be used for the building of school-houses and the support of public schools in such county, and for no other purpose. Use of funds. University lands may be leased. SEC. 3. That the governor, superintendent of public instruction, and auditor of the Territory of Wyoming are hereby constituted a board, with authority to lease the lands heretofore selected, or that may be hereafter selected, for university purposes, under the provisions of the act of Congress entitled "An act to grant lands to Vol. 21, p. 326. Dakota, Montana, Arizona, Idaho, and Wyoming for university purposes," approved February eighteenth, eighteen hundred and eighty-one, in the said Territory of Wyoming, in such manner as may be provided by the laws of the Territory of Wyoming: Provi ed, That until the legislature of said Territory shall provide by law for tions." the leasing of said university and school lands the said governor, superintendent of public instruction, and auditor are authorized, with the approval of the Secretary of the Interior, to make the necessary rules and regulations to carry out the provisions of this section. SEC. 4. That all moneys derived from the leasing of the said university lands, as provided by the third section of this act, shall become a part of the university fund of said Territory, and shall be used for the support of the university of Wyoming, and for no other purpose. SEC. 5. That no lease under the provisions of this act shall be made for a term exceeding five years, and all leases shall expire within six months after the Territory is admitted as a State into the Union: Provided, That the Secretary of the Interior may at any time in his discretion annul any lease made under the provisions of this act. SEC. 6. That where lands in the sixteenth and thirty-sixth sections, in the Territory of Wyoming, are found upon survey to be in the occupancy, and covered by the improvements of an actual pre-emption or homestead settler, or where either of them are fractional in quantity, in whole or in part, or wanting because the townships are fractional or have been or shall hereafter be reserved for public purposes, or found to be mineral in character, other lands may be selected by an agent appointed by the governor of the Territory in lieu thereof, from the surveyed public lands within the Territory not otherwise legally claimed or appropriated at the time of selection, in accordance with the principles of adjustment prescribed by section twenty-two hundred and seventy-six of the Revised Statutes of the United States, and upon a determination by the Interior Department that a portion of the smallest legal subdivision in a section numbered sixteen, or thirty-six, in Wyoming, is mineral land, such smallest legal subdivision shall be excepted from the reservation for schools, and indemnity allowed for it in its entirety, and such subdivisions, or the portions of them remaining after segregation of the mineral lands or claims, shall be treated as other public lands of the United States. Approved, August 9, 1888. Proviso Use of funds. Term of leases. Proviso. Lands to be selected in lieu of school lands. R.S., Sec. 2276, p.417. Mineral lands. August 9, 1888. Railroad Company CHAP. 820.—An act to authorize the construction of a bridge across the Tennessee River at or near Knoxville, Tennessee. Be it enacted by the Senate and House of Representatives of the Knoxville Southern United States of America in Congress assembled, That the Knoxville may bridge Tennessee Southern Railroad Company, a corporation organized under the laws River at Knoxville, of the State of Tennessee, be, and is hereby, authorized to construct Tenn. and maintain a bridge, and approaches thereto, over the Tennessee River, in or within two miles of the city of Knoxville, Tennessee. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be Railway, wagon, and built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates of toll, to be fixed by said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls. foot bridge. Lawful structure and post-route. Postal telegraph. SEC. 2. That any bridge built under this act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post roads in the United States, 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 mail, troops, and munitions of war of the United States than the rate per mile for their transmission over the railroad leading to said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph companies, and the United States shall have the right of way across said bridge for postal telegraph purposes; that the said bridge shall be so conUnobstructed navi- structed, either by draw-span or otherwise, that a free and unobstructed passage-way may be secured to all water-craft navigating said river at the point aforesaid: Provided, That if said bridge, authorized to be constructed under this act, shall be constructed as a draw-bridge, the draws shall be opened promptly upon the reasonable signals for the passage of boats or vessels; and said corporation shall maintain at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. gation. Proviso. Draw. Lights, etc. Use by other companies. Terms. Secretary of War to approve plans, etc. SEC. 3. That all railroad companies desiring the use of said bridge 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 bridge 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 bridge, all matters at issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties. SEC. 4. That any bridge authorized to be constructed under this act shall be built and located under 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 or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile below and one mile above the proposed location, the topography of the banks of the river, the shore-lines 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 sl all furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved, by the Secretary of War the construction of said bridge shall not be commenced; and should any change be made in the plan of said bridge during the progress of construction, such change shall be submitted to and subject to the approval of the Secretary of War. SEC. 5. That the right to alter, amend, or repeal this act, is hereby Amendment. expressly reserved; and any alterations or changes that may be required by the Secretary of War in the bridge constructed under this act, or its entire removal shall be made by the corporation owning or controlling the same, at its own expense. Furthermore, if the construction of said bridge shall not be commenced within two and completed within four years after the passage of this act, all completion. privileges conferred hereby, and this act, shall become null and void. Approved, August 9, 1888. Commencement and August 9, 1888. CHAP. 821.-An act to authorize the construction and maintenance of a railroad bridge by the Birmingham, Atlantic and Air Line Railroad, and Banking and Navigation Company across the Oconee River in Laurens County, State of Georgia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Birming- Birmingham, Atlanham, Atlantic and Air Line Railroad and Banking and Navigation road, etc.. Company Company, a corporation under the laws of Georgia, be, and said cor- may bridge Oconee poration is hereby, authorized and permitted to construct and maintain a railroad bridge across the Oconee River at or near the city of Dublin, in the county of Laurens, in the State of Georgia. tic and Air Line Rail River at Dublin, Ga. Secretary of War to approve plans, etc. SEC. 2. That said bridge shall be constructed and built without material interference with the security and convenience of the navigation of said river, beyond what is necessary to carry into effect the rights and privileges hereby granted; and in order to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a plan, design, and drawings of the bridge and a map of 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-lines at high and low water, the direction and strength of the currents 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 and location of the bridge are approved by the Secretary of War the construction of said bridge shall not be commenced: Provided that said bridge shall be built with draw spans giving eighty feet clear width at low water on either side of the pivot pier in main channel and that the draw shall be opened promptly upon reasonable signal for the passage of boats, barges and rafts, and in no case shall unnecessary delay occur; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board Lights. shall prescribe. Proviso. Draw. Notification of ap SEC. 3. That the Secretary of War is authorized and directed, upon receiving such plan, map, and other information, upon being satisfied proval. that the bridge built upon such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify said company or corporation that he approves the same; and upon receiving such notification said company or corporation may proceed to the erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works during the progress of the work thereon, such change shall be likewise subject to the approval of the Secretary of War; and in case of any litigation Litigation. arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, |