Contracts for with the President of the United States, which is calculated and designed to enable said Indians to become self-supporting: [Par. 2.] Hereafter contracts for transportation [of goods for the various transportation of tribes of Indians] involving an expenditure of more than one thousand Indian supplies to dollars shall be advertised and let to the lowest bidder. be advertised for and given to lowest bidder. R. S., § 2083. 1875, March 3, ch. 132, § 7. 1877, March 3, ch. 101. In contracts in Indian service proposals, &c., to be filed and Secretary to report to Con gress. - abstract to be filed with Second Comptroller. R. S., §§ 468, 469, 2083. Estimates for In SEC. 3. That in all lettings of contracts in connection with the Indian service, the proposals or bids received shall be filed and preserved; And in the annual report of the Commissioner of Indian Affairs, there shall be embodied a detailed and tabular statement of all bids and proposals received for any services, supplies, or annuity-goods for the Indian service, together with a detailed statement of all awards of contracts made for any such services, supplies, and annuity goods for which said bids or proposals were received; And an abstract of all bids or proposals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the office of the Second Comptroller of the Treasury. SEC. 4. That hereafter the estimates for appropriations for the Indian dian appropria- service shall be presented in such form as to show the amounts required tions; how pre- for each of the agencies in the several States or Territories, and for said States and Territories respectively. sented. R. S., § 3669. Appointment SEC. 5. And hereafter the Commissioner of Indian Affairs shall have and regulation of the sole power and authority to appoint Traders to the Indian tribes Indian traders by and to make such rules and regulations as he may deem just and proper R. S., $$ 463, specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. Commissioner. 2129-2131. Purchase of In SEC. 6. That the Commissioner of Indian Affairs shall advertise for dian supplies to be all supplies after advertisement, except, &c. R. S., 463, 2083. Provided, that the purchase of supplies for sixty days may be made in open market. And provided further that to meet any exigency of the service purchases may be made in open market to an extent not to exceed two thousand dollars at any one time. [August 15, 1876.] Aug. 15, 1876. 19 Stat. L., 200. Certain products Sandwich Islands CHAPTER 290. AN ACT TO CARRY INTO EFFECT A CONVENTION BETWEEN THE UNITED STATES OF Certain products of Hawaiian or Sandwich Islands admitted free of duty. Be it enacted, &c., That whenever the President of the United States of Hawaiian or shall receive satisfactory evidence that the legislature of the Hawaiian admitted free of Islands have passed laws on their part to give full effect to the produty. visions of the convention between the United States and his Majesty R. S., § 2504, 2d the King of the Hawaiian Islands, signed on the thirtieth day of Janued., pp. 468, 473, ary, eighteen hundred and seventy-five, he is hereby authorized to issue 476, 478, 480. his proclamation declaring that he has such evidence; and thereupon, from the date of such proclamation, (1) the following articles, being the growth and manufacture or produce of the Hawaiian Islands, to wit, Arrow-root; castor oil; bananas; nuts; vegetables, dried and undried, preserved and unpreserved; hides and skins, undressed; rice; pulu; seeds; plants; shrubs, or trees; muscovado, brown, and all other unre NOTE.-(1) On the 9th of September, 1876, the President issued his proclamation declaring that he had evidence that the Hawaiian Islands had passed laws to give effect to the convention here referred ⚫ to. See articles of convention and reciprocity and proclamation hereinafter printed, 1876, No. 7, and articles following same, page 626. fined sugar, meaning hereby the grades of sugar heretofore commonly imported from the Hawaiian Islands, and now known in the markets of San Francisco and Portland as "Sandwich Island sugar;" syrups of sugar-cane, melado, and molasses; tallow, Shall be introduced into the United States free of duty so long as the said convention shall remain in force. [August 15, 1876.] CHAPTER 297. AN ACT RELATING TO PARTITION OF REAL ESTATE IN THE DISTRICT OF COLUMBIA. SECTION 1. Partition of lands among tenants in common in District of Columbia; how made. Be it enacted, &c. SECTION 2. Court may decree sale and division of proceeds. [SECTION 1], That all tenants in common and coparceners of any estate in lands tenements, or hereditaments, equitable as well as legal, within the District of Columbia, may, in the discretion of the Court, be compelled in any court of competent jurisdiction, to make, or suffer partition of such estate or estates. In proceedings for partition all persons in interest shall be made parties in the same manner as in cases of equity jurisdiction. And in proceedings for partition under this act, the court may in addition to the powers herein conferred, exercise such powers as are or may be conferred by virtue of the general equity jurisdiction of the court. SEC. 2. That the court, in all cases, in decreeing partition, may, if it satisfactorily appears that said lands and tenements, or any estate or interest therein, cannot be divided without loss or injury to the parties interested, decree a sale thereof, and a division of the money arising from such sale among the parties, according to their respective rights and interests. Aug. 15. 1876. 19 Stat. L., 202. Partition of lands among tenDistrict of Columbia; how made. ants in common in Court may de cree sale and divis ion of proceeds. SEC. 3. That in all such sales, unless the court shall by special order In case of sale, direct or require on good cause shown, that the sale be made for cash, be made. how payments to the purchase money shall be payable, one third on day of sale, one-third in one year, and one-third in two years thereafter, with interest, the deferred payments to be secured to the parties, according to their respective interests, by good and sufficient mortgage upon the premises so sold, which shall be subject to the approval of the court. [August 15, 1876.] CHAPTER 300. AN ACT TO REGULATE THE ISSUE OF ARTIFICIAL LIMBS TO DISABLED SOLDIERS, SEA- SECTION 1. Soldiers and sailors maimed to have artificial limbs, &c., once in five years. 2. -to have transportation furnished to obtain them. Be it enacted, &c. SECTION This act not subject to provisions of former Soldiers and sail have artificial [SECTION 1], That every officer, soldier, seaman and marine, who, in the line of duty, in the military or naval service of the United States, ors maimed to shall have lost a limb, or sustained bodily injuries, depriving him of the limbs, &c., once in use of any of his limbs, shall receive once every five years an artificial five years. limb or appliance, or commutation therefor, as provided and limited by R. S., §§ 4787, existing laws, under such regulations as the Surgeon-General of the 4788. Army may prescribe; 1877, Feb. 27, ch. 69, par, 168. Soldiers, &c., to have transporta tion to obtain artificial limbs. R. S., § 4791. Act not subject And the period of five years shall be held to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. SEC. 2. That necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs: Provided That this act shall not be subject to the provisions of an act to provisions of for- entitled "An act to increase pensions," approved June eighteenth, mer act, 1874, June eighteen hundred and seventy-four. [August 15, 1876.] 18, ch. 299. CHAPTER 301. Aug. 15, 1876. 19 Stat. L., 204. AN ACT [an act] TO INCREASE THE CAVALRY FORCE OF THE UNITED STATES, TO AID IN SUPPRESSING INDIAN HOSTILITIES Number of enlisted men in cavalry may be increased. Increase not to continue after Indian hostilities Number of en- Be it enacted, &c., That the President of the United States be, and he listed men in cav- is hereby, empowered to increase the number of enlisted men to one alry may be in- hundred for each company of such regiments of cavalry as may be emR. S., §§ 1102, ployed in existing Indian hostilities and as in his opinion may require creased. 1115. - adding not more 226. the same: Provided, That not more than twenty-five hundred enlisted men shall thus be added at any one time to the twenty five thousand authorized by the act approved July twenty-fourth, eighteen hundred and seventysix, making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven :" And provided further, That on the cessation of existing Indian hostilcontinue after In- ities, the number of enlisted men in the Army shall be reduced to the dian hostilities number now established by law; and provided that the reduction shall not be made from the cavalry force of the Army. * [August 15, 1876.] Increase not to cease. CHAPTER 302. Aug. 15, 1876. 19 Stat. L., 204. AN ACT RELATING TO THE PROMOTION OF COMMODORES ON THE RETIRED LIST OF THE NAVY. Commodores Commodores who were citizens of States in rebellion and adhered to the Union, &c., may be promoted to rear-admirals on retired list. Be it enacted, &c., That Section one thousand four hundred and sixty who were citizens of the Revised Statutes, to wit: (!) of States in rebellion and adhered to the Union, &c., may be promoted to rear-admirals on retired list, &c. R. S., 6 1460. "There may be allowed upon the retired list of the Navy nine rearadmirals by promotion on that list: Provided, That this section shall not prevent the Secretary of the Navy from promoting to the grade of rear-admiral on the retired list, in addition to the number herein provided, those commodores who have commanded squadrons by order of the Secretary of the Navy, or who have performed other highly meritorious service," be amended by adding thereto the following words: "Or who, being at the outbreak of the late war of the rebellion citizens of any State which engaged in such rebellion, exhibited marked fidelity to the Union in adhering to the flag of the United States." [August 15, 1876.] NOTE.-(1) This amendment is incorporated in § 1460 of the Revised Statutes, in the second edition. CHAPTER 303. AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI RIVER Aug. 15, 1876. 19 Stat. L., 205. [SECTION 1], That it shall be lawful for the Sioux City Bridge Com- Bridge across Missouri River pany, a corporation organized for that purpose under the general cormay be constructporation laws of the State of Iowa, or its assigns, to construct, under ed by Sioux City and subject to the conditions and limitations hereafter provided, a bridge Bridge Company. across the Missouri River at or near Sioux City, Iowa and lay on and over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at or near Sioux City, or to the river on the opposite side of the same near Sioux City, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and operate said bridge for the purposes aforesaid; And that when said bridge is constructed all trains of all railroads -all connecting terminating at said river, and on the opposite side thereof, at or near railroads may have Sioux City, Iowa, shall be allowed to cross said bridge for reasonable use of, &c. compensation, to be made to the owners of the same, under the limita tions and conditions hereinafter named. The owners of said bridge may also charge and receive reasonable - tolls on. compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles animals and foot-passengers: Provided, That Congress may at any time prescribe such rules, regu Congress may lations and rates of toll for transit and transportation over said bridge prescribe rules, &c. as may be deemed proper and reasonable. SEC. 2. That any bridge built under the provisions of this act may, at the option of the person or persons or corporation building the same, be built as a draw bridge, with a pivot or other form of draw, or with unbroken or continuous spans: Bridge, how to be built. Provided, That if the same shall be made of unbroken continuous of unbroken conspans, it shall not be, in any case, of less elevation than fifty feet above tinuous spans. extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low water-mark; and the piers of said bridge shall be parallel with the current of the river; and the main span shall be over the main channel of the river: And provided also, That if a bridge shall be built under this act as a -if as a drawdraw bridge, the same shall be constructed as a pivot draw-bridge, with bridge. a draw over the main channel of the river at an accessable and navagable point and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river: Draw to be promptly opened. Company may confine water to permanent channel. Plans for erec tions on banks of river. be built. 224. And provided also, That said draw shall be opened promptly upon reasonable signal, without unnecessary delay: And provided further, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said objects, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property; And all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: A pile or pon- And provided further, That if said company shall elect to construct a toon bridge may pile and pontoon bridge in lieu of that described above, the Secretary 1874, June 6, ch. of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof contained in the act entitled "An act to legalize and establish a pontoon-bridge across the Mississippi River at Prairie du Chien" approved June sixth, eighteen hundred and seventy-four, accept that in the bridge herein authorized one draw only shall be required, which shall not be less than four hundred feet in width in the clear: Bridge to be at right angles to cur rent. not to obstruct navigation. Secretary of War to approve plans; alterations, &c. may cause alter ations in order to And provided further, That any bridge built under the provisions of this act shall be at right-angles to the current of the river. SEC. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; And no bridge shall be commenced or built under this act until the location thereof and the plans and specifications for its construction shall have been submitted to, and approved by, the Secretary of War; and any change in the plan of such construction or any alteration in the bridge after its construction shall be subject to the like approval; And whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby prevent obstruc- authorized to cause such change or alteration of said bridge to be made tion to navigation. as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge; In case of litigaAnd in case of any litigation arising from any obstruction or alleged tion, where suits obstruction to the free navigation of the Missouri River at or near the to be brought. crossing of said bridge caused or alleged to be caused thereby, the cause shall be commenced and tried in the district courts of either judicial district of Iowa or Nebraska in which the said bridge or any portion of such obstruction touches. United States re- SEC. 4. That any bridge built under this act and according to its limserve rights for itations shall be a lawful structure, and shall be recognized and known post-road and as to as a post-route, upon which also no higher charge shall be made for the charges for transportation. transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to such bridge. Lights. Act may be amended. Such lights shall be kept upon said bridge as the Light-House Board shall direct, and said bridge shall moreover be provided with all proper safeguards for the security of person and property. SEC. 5. That Congress may at any time alter, amend, or repeal this act. [August 15, 1876.] |