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Collection of special statistics.

Deaths.

valuation and public indebtedness, recorded indebtedness, and to statistics relating to railroad corporations, incorporated express, telegraph and insurance companies, a list of the names, organizations. and length of service of surviving soldiers, sailors and marines, and the widows of soldiers, sailors and marines.

SEC. 18. That each enumerator in his subdivision shall be charged with the collection of the facts and statistics required by each and all the several schedules, with the following exceptions, to wit: In cities or States where an official registration of deaths is maintained, the Superintendent of Census, may in his discretion, withhold the mortality schedule from the several enumerators within such cities or States, and may obtain the statistics required by this act through official records, paying therefor such sum as may be found necessary, not exceeding the amount which is by this act authorized to be paid to enumerators for a similar service, namely, two cents for each Manufactures, etc. death thus returned. Whenever he shall deem it expedient, the Superintendent of Census may withhold the schedules for manufacturing, mining, and social statistics from the enumerators of the several subdivisions, and may charge the collection of these statistics Employment of ex- upon experts and special agents, to be employed without respect to locality. And said Superintendent may employ experts and special agents to investigate and ascertain the statistics of the manufacturing, railroad, fishing, mining, cattle, and other industries of the country, and of telegraph, express, transportation, and insurance companies as he may designate and require.

perts.

Preparation of ques

tions.

And the Superintendent of Census shall, with the approval of the Secretary of the Interior, prepare schedules containing such interrogatories as shall, in his judgment, be best adapted to elicit this information, with such specifications, divisions, and particulars under each head as he shall deem necessary to that end. Such experts and Oath, etc., of ex- special agents shall take the same oath as the enumerators of the several subdivisions, and shall have equal authority with such enumerators in respect to the subjects committed to them, and they shall receive compensation at rates to be fixed by the Superintendent of Census with the approval of the Secretary of the Interior: Provided That the same shall in no case exceed six dollars per day and actual necessary traveling expenses.

perts.

Pay.

Proviso.

Maximum.

Commencement of enumeration.

SEC. 19. That the enumeration required by this act shall commence on the first Monday of June, eighteen hundred and ninety, and be taken as of that date, and each enumerator shall prosecute the canvass of his subdivision from that date forward on each week-day without intermission, except for sickness or other urgent cause; and any unnecessary cessation of his work shall be sufficient ground for his removal and the appointment of another person in his place; and any person so appointed shall take the oath required of enumerators, and shall receive compensation at the same rates. And it shall be the duty of each enumerator to complete the enumeration of his district, Returns to be for- and to prepare the returns herein before required to be made, and to warded by July 1, 1890. forward the same to the supervisor of his district on or before the first day of July, eighteen hundred and ninety, and in any city having over ten thousand inhabitants under the census of eighteen hundred and eighty, the enumeration of population shall be taken within two weeks from the first Monday of June; and any delay beyond the dates above respectively, on the part of any enumerator, shall be sufficient cause for withholding the compensation to which he would be entitled by compliance with the provisions of this act, until proof satisfactory to the Superintendent of Census shall be furnished that such delay was by reason of causes beyond the control of such enu

Limit of cost.

merator.

SEC. 20. That the sum of six million four hundred thousand dol lars is hereby fixed and limited as the maximum cost of the.census herein provided for, exclusive of printing, engraving, and binding,

and it shall not be lawful for the Secretary of the Interior or the Superintend of Census to incur any expense or obligation whatever, in respect to said census, in excess of that sum; and the sum of one million dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available, Appropriation. and continue available until the completion of the Eleventh Census. SEC. 21. That the Secretary of the Interior is hereby authorized whenever he may think proper, to call upon any other Department Departments. or office of the Government, for information pertinent to the enumeration herein required.

SEC. 22. Any supervisor of census may, with the consent of the Superintendent of Census, remove any enumerator in his district, and fill the vacancy thereby caused or otherwise occurring; and in such cases but one compensation shall be allowed for the entire service, to be apportioned among the persons performing the same in the discretion of the Superintendent of Census.

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Information from

Removal of enumer. ators.

Cities, etc., may bo furnished with names,

SEC. 23. That upon the request of any municipal government, meaning thereby the incorporated government of any town, village, etc., of persons. township, or city, or kindred municipality, the Superintendent of Census shall furnish such government with a copy of the names, with age, sex, birthplace and color, or race, of all persons enumerated within the territory in the jurisdiction of such municipality, and such copies shall be paid for by such municipal government at the rate of twenty-five cents for each one hundred names, and all sums so received by the Superintendent of Census shall be accounted for. in such way as the Secretary of the Interior shall direct, and covered into the Treasury of the United States to be placed to the credit of, to census fund. and in addition to, the appropriation herein made for taking the Eleventh Census.

SEC. 24. That the Secretary of the Interior may authorize the expenditure of necessary sums for the traveling expenses of the officers and employees connected with the taking of the census, and the incidental expenses essential to the carrying out of this act, including the rental of convenient quarters in the District of Columbia and the furnishing thereof, and an outfit for printing small blanks, tally-sheets, circulars, and so forth, and shall from time to time make a detailed report to Congress of such expenditures.

SEC. 25. That the act entitled "An act to provide for the taking 'of the Tent and subsequent census", approved March third, eighteen hundred and seventy-nine, and all laws and parts of laws inconsistent with the provisions of this act are hereby repealed; and all censuses subsequent to the Eleventh Census shall be taken in accordance with the provisions of this act, unless Congress shall hereafter otherwise provide.

Approved, March 1, 1889.

Sums to be credited

Secretary of Interior to direct expenses.

Inconsistent provis ions of law repealed. Vol. 20, p. 473.

CHAP. 320.-An act authorizing the President to appoint William English an officer in the Regular Army of the United States.

March 1, 1889.

William English.
May be appointed

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to nominate and by and with the second lieutenant, advice and consent of the Senate to appoint William English a second Army. lieutenant in the Regular Army of the United States, and to assign him to any vacancy in said rank existing therein.

Approved, March 1, 1889.

March 1, 1889.

Kans.

CHAP. 321.—An act to provide for the settlement of the titles to the lands claimed by or under the Black Bob band of Shawnee Indians in Kansas, or adversely thereto, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Lands of Black Bob United States of America in Congress assembled, That the AttorneyShawnee Indians, General of the United States shall be, and he is hereby, instructed to Attorney-General to cause a suit in equity to be brought in the name of the United States, in the circuit court for the district of Kansas, to quiet and finally settle the titles to the lands claimed by or under the Black Bob band of Shawnee Indians in Kansas, or adversely to said titles.

bring suit.

Parties.

Rights of Indians to be presented.

Decree.

Appeal.

Jurisdiction, etc., in Indian land cases, Kans.

erty, etc.

All persons having claims to said lands, or any part thereof, as well as said band of Indians, shall be made parties to said suit, either personally or by representation, as said court may deem convenient, consistently with justice to all the interests involved, and notice of the institution and pendency of said suit, and for the appearance of the parties thereto shall be given either by personal service or by such publication as the court shall order, or both.

It shall be the duty of the Attorney-General to cause the rights of said band of Indians, and of the individual members thereof, to be duly presented and protected in said suit, and he shall employ counsel to aid in such protection; and any other claimants to said lands, or any part thereof, may appear in said cause personally or by counsel, to defend the same and assert their rights; and said court shall, upon proof and hearing, proceed to determine according to the principles of law and equity, all questions arising in respect to said lands, or any part thereof and decree accordingly, and cause such decree to be carried into execution; and the possession of the lands or parts thereof, respectively, to be delivered to the persons entitled thereto; and upon a final decision of said matters it shall be the duty of the Secretary of the Interior to approve deeds for said lands in conformity to such decision. No objections shall be allowed in said suit in respect to want or misjoinder of parties other than such as are required in this act, or for multifariousness or want of form. The right of appeal to the Supreme Court of the United States shall exist as in other cases.

SEC. 2. That all the provisions of the above section, including those as to notification of parties, as far as the same may be applicable, are hereby extended to all conveyances and transfers of land within the jurisdiction of the United States circuit court for the district of Kansas acquired under Indian treaties with the United States, and covered by deeds of Indian allottees and patentees which the Secretary of the Interior has refused to approve. The said circuit court is hereby empowered and required, in cases properly before it, to hear and determine all questions of inheritance to any of said lands, determine Descent of prop the rightful heirs thereto, and the interest of each heir in and to any such lands, in cases where money has been paid, advanced, or deposited for the transfer of any lands and the title thereto for any cause fails or is imperfect, the circuit court shall inquire and determine as to the rightful application of any such money paid, advanced, or deposited, and shall make such orders, judgments, or decrees in relation thereto as will protect the rights of innocent parties consistently with justice to all interests involved; and said circuit court shall, in all cases properly before it, hear, try, settle, and determine all controversies or disputes between occupants on said lands and the owners or holders of the titles to the same; and all other controversies or disputes in regard to the transfer of any of said lands, the said circuit court shall hear and determine, in every case, according to the principles of law and equity, and enter up judgments, orders, and decrees accordingly, and enforce the same, and on final hearing apportion the costs among the parties as the equity of the case may require.

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That the joint resolution of March third, eighteen hundred and seventy-nine, entitled "Joint resolution instructing the Attorney

General of the United States to bring suit in the name of the United States, to quiet and settle the titles of the Black Bob band of Shawnee Indians," be, and the same is hereby, repealed: Provided, That this act shall not be so construed as to affect the validity of any decree heretofore rendered by the United States circuit court for the district of Kansas under the provisions of said joint resolution, or to impair the power of said court to set aside or amend or correct any such decree, or to divest any party in interest of his right to appeal to the United States Supreme Court within the time limited by law. Approved, March 1, 1889.

Proviso.

Decrees.

CHAP. 322.-An act to authorize the construction of a bridge across the Coosa
River at Gadsden, in the State of Alabama.

March 1, 1889.

nati Railroad Com

Ala.

Proviso.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Anniston Anniston and Cincinand Cincinnati Railroad Company, a corporation created and exist- pany may bridge Cooing under the laws of the State of Alabama, having constructed a sa River at Gadsden, bridge, and approaches thereto, over the Coosa River, at or near Gadsden, in Etowah County, on a direct line from Anniston, in Calhoun County, to Attala, in Etowah County, in the State of Alabama, said company is hereby authorized to, keep and maintain the same: Provided, That the Secretary of War shall approve the plans and dimensions of said bridge. Said bridge if approved by the Secretary of War shall be maintained so as to provide for the passage of railway trains, and, at the option of the corporation by which it is 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, upon conditions to be agreed upon between said corporation and the county commissioner's court of the said county of Etowah and approved by the Secretary of War.

foot bridge.

post-route.

Postal telegraph.

SEC. 2. That the bridge authorized under this act and subject to Lawful structure and its limitations shall be a lawful structure, and shall be recognized and known as a post-rout, and shall enjoy the rights and privileges of other post-roads in the United States. That no higher charge shall be made for the transmission over the same of the mail, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, 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, either by draw, span, or otherwise, provide and secure a free and unobstructed passage-way to all watercraft navigating gation. said river at the point aforesaid: Provided, That said bridge authorized by this act being constructed as a drawbridge the draw shall be opened promptly upon 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: And provided further, That nothing herein contained shall be held to alter or affect existing laws Existing laws. as to the removal of bridges obstructing the navigation of rivers when the Secretary of War shall so determine.

Unobstructed navi

Provisos.
Draw.

Lights, etc.

panies.

SEC. 3. That all railroad companies desiring the use of said bridge Use by other com 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 railway companies, or any one 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

STAT L-VOL XXV-49

decide.

Secretary of War to in issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties.

Secretary of War to approve plans, etc.

Litigation.

Amendment, etc.

SEC. 4. That said company shall submit to the Secretary of War for his examination and approval the design and drawings of the bridge and a map of the location, giving 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, and if the Secretary of War, upon an examination of the papers to him submitted, shall require any change in the location or plans of said bridge, or its entire removal, the company shall, at its own expense, comply with such requirements; and if any change be made in the plan of said bridge such change shall be subject to the approval of the Secretary of War; and if any litigation shall be had in regard to said bridge, by reason of said bridge being alleged to be an obstruction to the navigation of said Coosa River, the same shall be in the circuit court of the United States in whose territorial jurisdiction said bridge or any part thereof is located.

SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly reserved, and any alterations or changes that may be required by the Secretary of War in the bridge constructed under this act shall be made by the corporation owning or controlling the same at its own expense.

Approved, March 1, 1889.

March 1, 1889.

Life-saving station of Coquille River, Ore

established at mouth

gon.

CHAP. 323.-An act providing for the establishment of a life-saving station at mouth of Coquille River, Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a life Saving Station be and is hereby established at mouth of Coquille River, in Coos County, in the State of Oregon.

Approved, March 1, 1889.

March 1, 1889.

Cape Hatteras, N. C.
Light-house at Dia-

mond Shoal.
Provisos.
Contract.

Payments.

CHAP. 324. An act for the erection of a light-house on or near Diamond Shoal, off Cape Hatteras, North Carolina.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a light-house be established on or near Diamond Shoal, off Cape Hatteras, North Carolina, at a cost not to exceed five hundred thousand dollars: Provided, That the contractors for doing this work shall be the lowest responsible bidders and best fitted by reason of skill and experience to do the work: And provided further, That payments shall be made therefor as the work progresses in the discretion of the Light-House Board, and subject to the approval of the Secretary of the Treasury. Approved, March 1, 1889.

March 1, 1889,

Kalamazoo, Mich.

Public building.
Site.

CHAP. 325.-An act for the erection of a public building at the city of Kalamazoo, Michigan.

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 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 postoffice and other Government offices at the city of Kalamazoo, in the

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