Annual rental. Taxation. Said company shall also pay, so long as said Territories are owned and occupied by the Indians, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in the said Territories. The money paid to the Secretary of the Interior Apportionment. under the provisions of this Act shall be apportioned by him in accordance with the laws and treaties now in force among the different nations and tribes according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations or tribes, to impose such additional taxes upou said railway as it may deem just and proper for their benefit; and any Territory or State hereafter formed through which said railway shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this Act: Provided further, That a map showing the entire line of the road in the Indian Territory shall be filed with and approved by the Secretary of the Interior before the work of construction. shall commence. SEC. 6. That said company shall cause maps showing the route of its located lines through said Territories to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chiefs of each of the nations or tribes through whose lands said railway may be located; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's located line is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void; and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before construction of any such section shall be begun. Survey, etc. Map. Maps to be filed. Proviso. Approved. Employees may re SEC. 7. That the officers, servants, and employees of said company side on right of way. necessary to the construction and management of said railway shall be allowed to reside, while so engaged, upon such right of way, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laws. SEC. 8. That said railway company shall build at least fifty miles of its railway in said Territory within three years after the passage of this Act, and complete the remainder thereof within five years thereafter, or the rights herein granted shall be forfeited as to that portion not built; that said railway company shall construct and maintain continually all fences, road and highway crossings, and necessary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out across the same. SEC. 9. That the said Saint Louis, Oklahoma and Southern Railway Company shall accept this right of way upon the express condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian nations or tribes any further grant of land or its occupancy than is hereinbefore provided for: Prorided, That any violation of the conditions mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this Act. SEC. 10. That all mortgages executed by said railway company, conveying any portion of its railway, with its franchises, that may be constructed in said Indian Territory and Oklahoma Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution and shall convey all rights and property of said company as therein expressed. Commencement and completion. Fences, etc. Condition of accept ance. Proviso. Record gages. of mort Amendment, etc. den. SEC. 11. That Congress may at any time amend, add to, or alter this Assignment forbid Act; and the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the construction and completion of the railway except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof. Received by the President, March 18, 1896. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] March 31, 1896. Donated to Thir New York National CHAP. 83.—An Act To grant certain condemned cannon and cannon balls to the Thirteenth and Forty-third Separate Companies National Guard of State of New York. Be it enacted by the Senate and House of Representatives of the United Condemned cannon. States of America in Congress assembled, That the Secretary of the Navy teenth and Forty-third be, and he is hereby, authorized and directed to deliver to the ThirSeparate Companies teenth Separate Company National Guard of the State of New York, for their armory at Jamestown, New York, two condemned cannon and sufficient cannon balls; and to the Forty-third Separate Company National Guard of State of New York, for their armory at Olean, New York, two pieces of condemned cannon and sufficient cannon balls for four pyramids: Provided, That the same can be spared without detriment to the service and that no expense is thereby incurred by the Government. Proviso. Approved, March 31, 1896. March 31, 1896. Army and Navy. CHAP. 84.-An Act To repeal section twelve hundred and eighteen of the Revised Statutes of the United States, as amended by chapter forty-six of the laws of eighteen hundred and eighty-four, relating to appointment of officers in the Army or Navy of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve hundred bility on account of and eighteen of the Revised Statutes of the United States, as amended service in Confederate by chapter forty-six of the laws of eighteen hundred and eighty-four, R. S., sec. 1218, p. which section is as follows: "No person who held a commission in the States. 215, repealed. Vol. 23, p. 21. Army or Navy of the United States at the beginning of the late rebellion, and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army or Navy of the United States," be, and the same is hereby, repealed. Approved, March 31, 1896. March 31, 1896. Reservation, Oreg. entry. CHAP. 85.-An Act Providing for disposal of lands lying within the Fort Klamath Hay Reservation, not included in the Klamath Indian Reservation, in Oregon. Be it enacted by the Senate and House of Representatives of the United Fort Klamath Hay States of America in Congress assembled, That all lands lying within Opened to homestead the boundaries of the Fort Klamath Hay Reservation, not included in the Klamath Indian Reservation, in the State of Oregon, shall be open to the operation of the laws regulating homestead entry: Provided, That the disposal of said lands shall be made in tracts not exceeding eighty acres to any one bona fide settler thereon. Proviso. Approved, March 31, 1896. CHAP. 87.-An Act To amend an Act entitled "An Act to promote the safety of employees and travelers," and so forth, approved March second, eighteen hundred and ninety-three. April 1, 1896. Railroads. Required to use Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of an Act entitled "An Act to promote the safety of employees and travelers train brakes, couplers, upon railroads by compelling common carriers engaged in interstate etc. Vol. 27, p. 532. commerce to equip their cars with automatic couplers and continuous brakes, and their locomotives with driving-wheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, be amended so as to read as follows: tions. Suits. "SEC. 6. That any such common carrier using any locomotive engine, Penalty for viola running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this Act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge: Provided, That nothing in this Act contained shall apply to Proviso. trains composed of four-wheel cars or to trains composed of eight-wheel four-wheel or logging standard logging cars where the height of such car from top of rail to cars. center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs." Approved, April 1, 1896. Not applicable to April 4, 1896. "Matteawan." American register CHAP. 88.—An Act To provide an American register for the steamer Matteawan. SEC. 2. That the Secretary of the Treasury is hereby authorized and directed to cause the inspection of said vessel, steam boilers, steam pipes, and their appurtenances, and cause to be granted the usual certificate issued to steam vessels of the merchant marine without reference to the fact that said steam boilers, steam pipes, and appurtenances were not constructed pursuant to the laws of the United States, and were not constructed of iron stamped pursuant to said laws; and the tests in the inspection of said boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes. Approved, April 4, 1896. granted steamer AsPrince" and name changed. Inspection, etc. April 6, 1896. Fairfield collection district, Conn. Stamford made a CHAP. 90.—An Act Constituting Stamford, Connecticut, a subport of entry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Stamford, Connecticut, be, and is hereby, constituted a subport of entry for the customs collec- subport of entry. tion district of Fairfield, Connecticut. Approved, April 6, 1896. R. S., sec. 2533, p. 498, amended. April 6, 1896. Range lights etc., authorized. CHAP. 91.-An Act For the establishment of a light-house and fog-signal station at or near the entrance to Maurice River, New Jersey. Be it enacted by the Senate and House of Representatives of the United Maurice River, N. J. States of America in Congress assembled, That range lights and keeper's quarters be established at or near the entrance to Maurice River, Delaware Bay, New Jersey: Provided, That the same shall not cost more than four thousand five hundred dollars. Proviso. Approved, April 6, 1896. April 6, 1896. Preamble. District of Colum bia. Sale of United States title in certain lands Caroline Lochboehier, to Margaret Shugrue, and John R. Scott. Price. Proviso. CHAP. 92. An Act Authorizing the sale of title of the United States to certain tracts of land in the District of Columbia to Margaret Shugrue, Caroline Lochboehler, and John R. Scott. Whereas Margaret Shugrue, Caroline Lochboehler, and John R. Scott, of the District of Columbia, and the grantors to them, have been in the peaceable and uninterrupted possession of the tracts of land in said District hereinafter described by metes and bounds for a period of about twenty years, under claims of title and bona fide belief that the same were indefeasible and in them, and under that belief have made valuable improvements thereon; and Whereas under recent surveys ordered by the engineer officer in charge of the Washington Aqueduct it has been discovered that title to said tracts is in the United States: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and required to sell, grant, and convey unto Margaret Shugrue, of the District of Columbia, all the right, title, and interest of the United States in and unto all that tract of land in the District of Columbia hereinafter described; to Caroline Lochboehler, of the District of Columbia, all the right, title, and interest of the United States in and unto all that certain other tract of land in said District of Columbia, also hereinafter described; and to John R. Scott, of the District of Columbia, all the right, title, and interest of the United States in and unto all that certain other tract of land in said District of Columbia, also hereinafter described, at prices to be determined by the Secretary of War upon consideration of all the circumstances of the cases, which prices shall be exclusive of the values of the improvements on said tracts of land: Provided, That the Secretary of War shall be of to the opinion that the said sales will in no wise be detrimental to the Washington Aqueduct, and that the encroachments thereon were not fraudulent, and that the said Margaret Shugrue is the bona fide proprietor of the land adjacent to the tract hereinafter described that is to be sold to her; that Caroline Lochboehler is the bona fide proprietor of the land adjacent to the tract hereinafter described that is to be sold to her; and that John R. Scott is the bona fide proprietor of the land adjacent to the tract hereinafter described that is to be sold to him. Decision of Secretary of War as ownership, etc. Description of land to be sold to Margaret Shugrue: Beginning at a stone marked "W. A. 126," on the line of the northerly boundary of the United States land, near culvert twenty-four of the Washington Aqueduct, and running thence on said boundary north sixteen degrees and thirty eight minutes east one hundred and twenty-eight and two-tenths feet to boundary stone 28-K. 11; thence south fifty-two degrees and thirty minutes west one hundred and three and nine-tenths feet; thence south thirty-seven degrees and thirty minutes east seventy-five feet to the place of beginning, containing thirty-eight hundred and ninety-six square feet, or about eighty-nine one-thousandths of an acre. Description of land to be sold to Caroline Lochboehler: Beginning at a stone marked "W. A. K.3," on the southerly side of the United States land, near culvert twenty-six of the Washington Aqueduct, and running south forty degrees and twenty-five minutes east twenty and twotenths feet; thence south fifty-seven degrees and fifteen minutes west one hundred and forty-five and six-tenths feet; thence north sixty-three degrees west twenty-three and one-tenth feet to a stone marked "W. A. K. 2;" thence north fifty-seven degrees and fifteen minutes east one hundred and fifty-four and five-tenths feet to the place of beginning, containing three thousand and one square feet, or about sixty-nine onethousandths of an acre. Description of land to be sold to John R. Scott: Beginning at a point John R. Scott. on the easterly boundary line of the United States land pertaining to the Dalecarlia Reservoir, thirty-nine feet from a stone at the intersection of the southerly and easterly boundary lines of said land, and running thence along said easterly boundary line north twelve degrees and forty-two minutes east two hundred and sixty-six and seventy-five hundredths feet; thence leaving said boundary line and running south seventy-five degrees and seventeen minutes west eighty-two and seventy-five hundredths feet; thence south two degrees and thirty-five minutes east two hundred and thirty-four and twenty-four hundredths feet; thence south sixty-four degrees and forty-six minutes east eleven and fifty-eight hundredths feet to the point of beginning, containing one-fourth of an acre, more or less. Approved, April 6, 1896. April 6, 1896. Arkansas Northwestern Railway Company granted right of CHAP. 93.-An Act Authorizing the Arkansas Northwestern Railway Company to construct and operate a railway through the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Arkansas Northwestern Railway Company, a corporation created under and by virtue of the laws of the State of Arkansas, be, and the same is hereby, author- way, Indian Territory. ized and invested and empowered with the right of locating, constructing, owning, equipping, and operating, using, and maintaining a railway and telegraph and telephone lines through the Indian Territory upon a line beginning at a point to be selected by said railway company at or near the town of Southwest City, in the county of McDonald, State of Missouri, and running thence in a northwest direction over the most practicable route through the Indian Territory, to a point between Chetopa and Baxter Springs, in the State of Kansas, with the right to construct, use, and maintain such tracks, turn-outs, sidings, and extensions through such Territory as said company may deem to their interests to construct along and upon the right of way and depot grounds herein provided for. Location. Width. SEC. 2. That the said corporation is authorized to take and use, for all purposes of a railway and for no other purpose, a right of way one hundred feet in width through said Territory, and to take and use a strip of land one hundred feet in width, with a length of two thousand feet, in addition to right of way, for stations for every ten miles of road, Stations, etc. with right to use such additional grounds where there are heavy cuts or fills, not exceeding fifty feet in width, as may be necessary for the construction and maintenance of said right of way, or as much thereof as may be included in said cuts or fills: Provided, That no more than said addition of land shall be taken for any one station: Provided further, That no part of said lands herein authorized to be taken shall be leased or sold by the company; and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said road and telegraph and telephone lines; and when any portion thereof shall cease to be so used such portion shall revert to the nation or tribe of Indians or individual Indians from which the same shall have been taken. SEC. 3. That before said railway shall be constructed through any lands held by individual occupants, according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, or by allotment under any laws of the United States or agreement with the Indians, full compensation shall be made to such Provisos. Reversion for non user. Payment to individuals. |