conform to the provisions of this Act and are recommended by the Chief of Engineers and approved by the Secretary Securing nav of War. That during the original construction of said igation during construction. bridge, or in carrying out any authorized changes or repairs of said bridge, a navigable channel sufficient to accommodate the commerce of the river shall be preserved at all times at the site thereof, and the waterway of the river shall not be obstructed to a greater extent than is absolutely necessary, and such lights and buoys shall be kept on all cofferdams, piles, and other structures as may be necessary for the security of navigation; and any temporary obstruetion or closing of any channel in customary use shall not be commenced until after due notice to navigation; and all cofferdams, piles, and other structures used in the construction or repair of said bridge shall be removed within a reasonable time after the completion or repair of said bridge.

Amendment.

Commencement and completion.

SEC. 12. That the right to alter, amend, or repeal this Act is hereby expressly reserved, and the right to require, at the expense of the owners, the entire removal of any bridge constructed under the provisions of this Act whenever Congress shall decide that the public interests so require is also expressly reserved; and the United States shall not be liable for damages arising from the exercise of the rights thus expressly reserved.

SEC. 13. That if the construction of the bridge hereby authorized shall not be commenced within one year and be completed within three years from the date of approval of this Act, then this Act shall be null and void, and all rights hereby conferred shall cease and determine. Approved, January 26, 1901.

February

1,

1901.

CHAP. 191.-An Act To provide for the construction of a bridge by the Fargo, Duluth and Northwestern Railroad Company across the Red River of the North at Fargo, North Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Fargo, Duluth That the Fargo, Duluth and Northwestern Railroad Comern Railroad pany, a corporation duly organized under the general may bridge Red incorporation laws of the State of North Dakota, its sueNorth at Fargo, Cessors and assigns, is hereby authorized to construct and

and Northwest

River of the

N. Dak.

maintain a bridge across the Red River of the North at or near the city of Fargo, Cass County, North Dakota, and also to lay on and over said bridge a railway track or tracks for the passage of railway trains.

SEC. 2. That said bridge should be constructed and built without interference with the security and convenience of 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 corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the

Elevation, spans, etc.

bridge, and a map of the location, giving, for the space of one-half mile above and one-half 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 bridge shall not be built: Provided, That if the Provisos. said bridge shall be made with unbroken and continuous spans it shall not be of less elevation in any case than fifty feet above extreme high-water mark as understood at the point of location to the lowest part of the superstructure of the bridge, nor shall the spans of said bridge be less than three hundred feet in length in the clear; and the piers of said bridge shall be parallel with the current of said river and the briuge itself at right angles thereto, and the main span shall be over the main channel of the river and not less than three hundred feet in length in the clear: And provided also, That if any bridge built under this Act shall be constructed as a drawbridge the same Draw, shall be constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than one hundred feet in length in the clear on each side of central or pivot pier of the draw, and the next adjoining span or spans to the draw shall not be less than one hundred feet, and the headroom under all river spans shall not be less than ten feet above local high-water mark, and the piers of said bridge shall be built with the current of said river and the bridge itself at right angles thereto: Provided also, That said draw shall be opened promptly upon the-opening of. reasonable signal for the passing of boats; 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 shall prescribe: Lights Provided also, That said company shall, at its own expense,.build and maintain, under direction and super- Maintenance vision of the Secretary of War, such wing dams and in the draw booms or other works necessary to maintain the channel spans. within the draw spans of said bridge, and shall, at their own expense, maintain a depth of water through said draw spans not less than that now existing, as shown by the report of the War Department, at the point where said bridge may be located: Provided also, That all railway companies desiring to use said bridge shall have and be Rights of railentitled to equal rights and privileges in the passage 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.

SEC. 3. That the Secretary of War is hereby authorized

of channel with

roads to use.

Changes.

Notice of ap and directed, upon receiving such plan and map and other proval of plans. information, and upon being satisfied that the bridge built upon such plan, with such accessory works, and at such locality, will conform to the prescribed conditions of this Act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an 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 accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and if any bridge erected under said authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of the said corporation; and in case of any litigation arising from any obstruction, or alleged obstruction, to the free navigation of said river, caused, or alleged to be caused, by said bridge, the case may be brought in any court of the United States of the State of North Dakota in which any portion of said bridge may be located: Provided, 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 this bridge from the operation of the Removal of same: Provided further, That this bridge shall not be opened to traffic until all piling and other false work used in constructing the bridge shall have been wholly removed to the satisfaction of the Secretary of War.

Litigation

Provisos.

Existing law unaffected.

piling, etc.

Lawful structure and post route.

SEC. 4. That the said bridge and accessory works, when built and constructed under this Act, and according to the terms and limitations thereof, shall be lawful structures, and said bridge shall be recognized and known as 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 than the rate per mile paid for the transportation over the railroads or public highways leading to such bridge, and said bridge shall enjoy the rights and privileges of other post routes Freight, etc., of the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges for freight and passengers over said bridge.

charges.

Government telegraph lines.

Commencement and completion.

Amendment.

SEC. 5. That the United States shall have the right of way for such postal telegraph lines across said bridge as the Government may construct or control.

SEC. 6. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date of approval thereof.

SEC. 7. That Congress reserves the right to alter, amend, or repeal this Act at any time.

Approved, February 1, 1901.

CHAP. 192.-An Act To increase the efficiency of the permanent, February 2, military establishment of the United States.

1901.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the approval of this Act the Army Army. of the United States, including the existing organiza-Reorganiza tions, shall consist of fifteen regiments of cavalry, a corps R. S., sec. 1094, of artillery, thirty regiments of infantry, one Lieutenant- P. 202, amended. Composition. General, six major-generals, fifteen brigadier-generals, an Adjutant-General's Department, an Inspector-General's Department, a Judge-Advocate-General's Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, a Pay Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Record and Pension Office, the chaplains, the officers and enlisted men of the Army on the retired list, the professors, corps of cadets, the army detachments and band at the United States Military Academy, Indian scouts as now authorized by law, and such other officers and enlisted men as may hereinafter be provided for.

neers.

Corps of EngiComposition. R. S., sec. 1151, p. 208, amended.

979.

SEC. 11. That the enlisted force of the Corps of Engineers shall consist of one band and three battalions of engineers. The engineers band shall be organized as now provided by law for bands of infantry regiments. Each Vol. 30, pp. 652, battalion of engineers shall consist of one sergeant-major, one quartermaster-sergeant, and four companies. Each company of engineers shall consist of one first sergeant, one quartermaster-sergeant, with the rank, pay, and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirty-eight first-class and thirtyeight second-class privates: Provided, That the President Proviso. may, in his discretion, increase the number of sergeants men. in any company of engineers to twelve, the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded: And provided, That officers detailed from the Pay battalion Corps of Engineers to serve as battalion adjutants and battalion quartermasters and commissaries shall, while so serving, receive the pay and allowances herein authorized for battalion staff officers of infantry regiments.

Limit enlisted

adjutants, etc.

neers.

SEC. 22. That the Corps of Engineers shall consist of Corps of Engione Chief of Engineers with the rank of brigadier-general, Organization, seven colonels, fourteen lieutenant-colonels, twenty-eight etc. majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force provided in section eleven of this Act and the officers serving therewith shall constitute a part of the line of the Army: Provided, Proviso. Appointment That the Chief of Engineers shall be selected as now pro- of Chief. vided by law, and hereafter vacancies in the Corps of Vacancies, Engineers in all other grades above that of second lieutenant shall be filled, as far as possible, by promotion ac

how filled.

-by transfer. cording to seniority from the Corps of Engineers: And provided also, That vacancies remaining in the grades of first and second lieutenant may be filled by transfer of officers of the Regular Army, subject to such professional examination as may be approved by the Secretary of War. Vacancies in the grade of second lieutenant not filled by transfer shall be left for future promotions from the corps of cadets at the United States Military Academy.

Excessive en

SEC. 29. That to fill vacancies occurring from time to listment to sup- time in the several organizations serving without the limply trained recruits to outside its of the United States with trained men, the President thorized. is authorized to enlist recruits in numbers equal to four per centum in excess of the total strength authorized for such organizations.

regiments au

Limit of time for maximum strength.

Proviso.

Honorable dis

SEC. 30. That the President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this Act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct: Provided, charge on ac- That in the event of the enlistment of a soldier in the count of dependent parent. Army for the period required by law, and after the expiration of one year of service, should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may, upon his own application. be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War.

Detail of enlisted men for recruiting.

Provisional promotion of examination.

SEC. 31. That the Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of sergeant, and one the rank, pay, and allowances of corporal of the arm of the service to which they respectively belong. SEC. 32. That when the exigencies of the service of any officer pending Officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable. If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion.

Officers honorably dis

SEC. 34. That all officers who have served during the charged may war with Spain, or since, as officers of the Regular or Volwear uniform of unteer A my of the United States, and have been honorhighest commission held, ably discharged from the service by resignation or otherwise, shall be entitled to bear the official title and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service.

etc.