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Sept. 10, 1888.
Vol. 25, p. 473.

through waterreserve lands in Wisconsin.

Vol. 25, p.

654.

Vol. 18, p. 482.

Proviso.

CHAP. 999.-An Act Declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the Act of Congress entitled "An Act granting to railroads the right of way through the public lands of the United States," approved March third, eighteen hundred and seventy-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemRight of way bled, That all lands in the State of Wisconsin described in and withdrawn from sale by the proclamations of the President of the United States issued March twentysecond, eighteen hundred and eighty, April fifth, eighteen hundred and eighty-one, and November twentyeighth, eighteen hundred and eighty-one [], for the reaPost, p. 536. son that said lands would be required for or subject to flowage in the construction of dams, reservoirs, and other works proposed to be erected for the improvement of the navigation of the Mississippi River and certain of its tributaries, be, and the same are hereby, declared to be, and to have been at all times heretofore, subject to the provisions of a certain act of Congress, entitled "An act granting to railroads the right of way through the public lands of the United States," approved March third, Ante, p. 251. eighteen hundred and seventy-five, as fully, effectually, and to the same extent as though said lands had not been described in said proclamations, or withdrawn from sale thereby, but had remained with the body of public lands subject to private entry and sale: Provided, however, That any and all parts of said lands acquired by any railroad company under said act of Congress shall at all times be subject to the right of flowage which at any time may become necessary in the construction or maintenance of dams, reservoirs, or other works which may be constructed or erected by or under the authority of the United States for the improvement of the navigation of the Mississippi River or its tributaries: Provided further, That the railroad companies availing themselves of this act shall, in addition to filing the maps now required Filing maps by law to be filed, also file maps of definite location of their proposed lines of railroad, over said water reserve lands, in the office of the Secretary of War, and until the Not to inter- approval of said maps by the Secretary of War no right ervoir project. to occupy said lands shall vest in such companies; and no location shall be permitted which takes for right of way or stations lands needed for the use of the present reservoir system, or in the construction of dams or other works, or any proposed or probable extension of the same, or which will obstruct or increase the cost of the present or prospective reservoir system; or shall any railroad company be permitted to take material for construction from any of said reservoir lands outside the right of way granted herein.

Right of flowage.

of location.

fere with res

Approved, September 10, 1888.

a By act approved Jan. 30, 1889, the date Nov. 28, 1881, is corrected to read Feb. 20, 1882.

CHAP. 1041.-An Act To amend an Act entitled "An Act mak- Sept. 26, 1888. ing appropriations for the construction, repair, and preservation Vol. 25, p. 497. of certain public works on rivers and harbors, and for other purposes," approved July fifth, eighteen hundred and eighty-four.

Vols. 23, p.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- United bled, That section seven of the "Act making appropria- States canals. tions for the construction, repair, and preservation of 148; 26, p. certain public works on rivers and harbors, and for other 385 38; P purposes," approved July fifth, eighteen hundred and 1153; 32, p. eighty-four be, and the same is hereby, amended, so that 416; post, pp. the same shall read as follows:

362; 30, p.

375. Ante, p.

585, 711, 890, 1009.

for use of, ex

"SEC. 7. That it shall be the duty of the Secretary of Regulations War to prescribe such rules and regulations in respect to tended to St. the use and administration of the Des Moines Rapids Chip Canal. Canal, the Saint Mary's Falls Canal, the Louisville and Portland Canal, and the Saint Clair Flats Ship Canal as in his judgment the public necessity may require, which rules and regulations shall be posted in some conspicuous place for the information of the public; any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding five hundred dollars, or imprisonment not exceeding six months,, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed."

SEC. 2. That this act shall take effect immediately.
Approved, September 26, 1888.

Effect.

CHAP. 1057.-An Act For the investigation of the mining Oct. 1, 1888. debris question in the State of California.

Vol. 25, p. 498.

Mining de

bris in Califor

sion to investi

Vol. 27,

p.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized and directed to detail three officers from the Engineer Corps ala. of the United States Army as a commission for the pur- war to ap Secretary of pose of making a thorough examination and investiga- point Commistion of the mining debris question in the State of Cali- gate. fornia, for the purpose of ascertaining whether some 3930 plan can be devised whereby the present conflict between Post, p. 610. the mining and farming sections may be adjusted and the mining industry rehabilitated; and for a complete examination of the injured navigable river channels, their tributaries and lands adjacent thereto, with a view to the improvement and rectification of said rivers. And that the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act, said sum to be expended at the discretion of the Sec

Appropria

tion.

Report.

retary of War; the said commission to report as early as practicable to the Secretary of War the result of their investigation, and the Secretary of War shall make report thereof to Congress.

Approved, October 1, 1888.

Oct. 1, 1888. Vol. 25, p. 631.

Fairport Harbor, Ohio.

[No. 46.] Joint Resolution Declaring the meaning of a clause in the river and harbor Act of August eleventh, eighteen hundred and eighty-eight.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the phrase "present low water mark" in the river and harbor bill of August eleventh, eighteen hundred Designation and eighty-eight, in the paragraph referring to Fairport Harbor, Ohio, is intended to mean the inner shore line represented on map in the report of Chief of EngiAnte, p. 490. neers of eighteen hundred and eighty-one.

of appropria

tion.

Vol. 25, p.

405.

Approved, October 1, 1888.

Oct. 2, 1888.

CHAP. 1069.—An Act Making appropriations for sundry civil Vol. 25, p. 505. expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes.

expenses ap

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemSundry civil bled, That the following sums be, and the same are herepropriations. by, appropriated for the objects hereinafter expressed for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, namely:

Mississippi River Commission.

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MISSISSIPPI RIVER COMMISSION: For salaries and traveling expenses of the Mississippi River Commission, and for salaries and traveling expenses of assistant engineers under them, and for office expenses and contingencies, thirty-five thousand dollars.

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Oct. 19, 1888.

CHAP. 1210.-An Act Making appropriations to supply defiVol. 25, p. 565. ciencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-eight, and for prior years, and for other purposes.

Deficiency appropriations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, 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 eighty-eight, and for prior years, and for other objects hereinafter stated, namely:

ENGINEER DEPARTMENT.

Engineer Department.

River Commis

Salaries and

expenses.

MISSISSIPPI RIVER COMMISSION: Salaries and traveling Mississippi expenses of the Mississippi River Commission, and for sion. salaries and traveling expenses of assistant engineers, and for office expenses and contingencies, being for the period from April thirtieth, eighteen hundred and eighty-six, to close of the fiscal year ending June thirtieth, eighteen hundred and eighty-eight, and to be at once available, twenty-five thousand dollars.

GAUGING THE WATERS OF LOWER MISSISSIPPI AND ITS TRIBUTARIES: Annual expenses of gauging the water of the Mississippi and its tributaries; continuing observations of the rise and fall of the river and its chief tributaries as required by joint resolution of February twentyfirst, eighteen hundred and seventy-one, rendered necessary for establishing additional gauges at Fulton, Garland, and Collin's Bluff (mouth of Sulphur River) Arkansas, three thousand six hundred dollars.

Mississippi

River.
Gauging wa-

ters.

Vol. 16, p.

598.

Ante, p. 189.

and New York

Co.

To reimburse and pay the Hartford and New York Hartford Transportation Company for labor and money expended Transportation in removing, in an emergency, obstructions and dredging Payment to. the Connecticut River [] in eighteen hundred and eighty-six, under the same rules and inspections as the work on said river had been conducted by the United States engineer officers in charge, two thousand six hundred and six dollars and eighty cents.

FOX AND WISCONSIN RIVER IMPROVEMENT.

Fox and Wis

For payment of judgments and awards recovered Damages, against the United States for flowage damages, caused by consin rivers the improvement of the Fox and Wisconsin Rivers, in improvement. the State of Wisconsin, and reported to Congress by the Attorney-General in Senate Executive Document Ñumber One Hundred and Eighty-one, Fiftieth Congress, first session, namely:

U. D. Mihills, five hundred and forty dollars;

Northwestern Mutual Life Insurance Company, two thousand and forty-three dollars and forty-five cents; First National Bank of Madison, two thousand and thirty-nine dollars six cents;

C. H. Benton, one thousand and nineteen dollars and fifty-three cents;

George E. Sutherland, six hundred and twenty-six dollars and eighty-nine cents;

a Below Hartford, Conn.

Payment to Commissioners

Jan. 30, 1889. Vol. 25, p. 654.

Water-re serve lands, Wisconsin.

Vol. 18, p.

482.

Loa Kennan, four hundred and fifty-eight dollars and eighty-three cents; in all, six thousand seven hundred and twenty-seven dollars and seventy-six cents.

To pay the amounts due the several commissioners to ascertain flowage damages caused by the improvement of the Fox and Wisconsin Rivers, in the State of Wisconsin, as follows:

To Commissioner William F. S. Root, two hundred and seven dollars;

To Commissioner J. W. Watson, eighty dollars and fifty cents;

To Commissioner Benjamin L. Cornish, two thousand one hundred and eighty-five dollars;

To Commissioner Joseph C. Burdick, two thousand one hundred and eighty-five dollars;

To Commissioner J. Volney Swetting, one thousand eight hundred and sixty-three dollars;

To Commissioner Samuel Vincent, three hundred and twenty-two dollars;

To Commissioner George H. Buckstaff, one thousand seven hundred and forty-eight dollars; in all, eight thousand five hundred and ninety dollars and fifty cents.

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CHAP. 99.-An Act To amend an Act entitled "An Act declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the Act of Congress entitled 'An Act granting to railroads the right of way through the public lands of the United States,' approved March third, eighteen hundred and seventy-five," approved September tenth, eighteen hundred and eighty-eight.

Be it enacted by the Senate ar.' House of Representatives of the United States of America in Congress assembled, That an act entitled "An act declaring that certain water reserve lands in the State of Wisconsin are and have been subject to the provisions of the act of Congress entitled 'An act granting to railroads the right of way Ante, p. 251. through the public lands of the United States,' approved March third, eighteen hundred and seventy-five," apAnte, p. 532. proved September tenth, eighteen hundred and eightyeight, be amended by striking out the words "November twenty-eighth, eighteen hundred and eighty-one," where Date of proc they occur in said act, and inserting in lieu thereof the words "February twentieth, eighteen hundred and eighty-two."

Vol. 25, p.

473.

lamation cor

rected.

Feb. 14. 1889.

Approved, January 30, 1889.

CHAP. 165.-An Act To authorize and empower the Mount Vol. 25, p. 670. Carmel Development Company to draw water from the Wabash River, or its tributaries, in the county of Wabash, and State of Illinois.

Be it enacted by the Senate and Hause of Representatives of the United States of America in Congress assem

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