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Election at large, of additional Representatives, etc.

Repeal.

SEC. 4. That in case of an increase in the number of Representatives which may be given to any State under this apportionment such additional Representative or Representatives shall be elected by the State at large, and the other Representatives by the districts now prescribed by law until the legislature of such State in the manner herein prescribed shall redistrict such State, and if there be no increase in the number of Representatives from a State the Representatives thereof shall be elected from the districts now prescribed by law until such State be redistricted as herein prescribed by the legislature of said State.

SEC. 5. That all acts and parts of acts inconsistent with this act are hereby repealed.

Approved, February 7, 1891.

February 7, 1891.

District of Colum

bia.

Sale, etc., of tobacco

to minors under six teen years, prohibited.

Penalty.

CHAP. 117-An act to prohibit the sale of tobacco to minors under sixteen years of age in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no person in the District of Columbia shall sell, give, or furnish any cigar, cigarette, or tobacco in any of its forms to any minor under sixteen years of age; and for each and every violation of this section the offender shall, on conviction, be fined not less than two dellars nor more than ten dollars, or be imprisoned for not less than five days nor more than twenty days.

Approved, February 7, 1891.

February 9, 1891.

Norfolk and West

ern Railroad Company may bridge Tug

River, between West

CHAP. 121.-An act to authorize the Norfolk and Western Railroad Company to bridge the Tug Fork of the Big Sandy River at certain points, where the same forms the boundary line between the States of West Virginia and Kentucky.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the Norfolk and Western Railroad Company, a corporaFork of Big Sandy tion existing under the laws of Virginia and West Virginia, to conVirginia and Ken- struct and maintain bridges and approaches thereto across the Tug Fork of the Big Sandy River at such points where the same forms the boundary line between the States of West Virginia and Kentucky as the said company may deem suitable for the passage of its road over the said fork of the Big Sandy River, subject to the approval of the Secretary of War.

tucky.

Location of bridges.

structures

Lawful and post routes.

SEC. 2. That any bridge or bridges authorized to be constructed under this act shall be lawful structures, and shall be recognized and known as post routes, and they shall enjoy all the rights and privileges of other post roads in the United States, upon which also no higher charge shall be made for the transmission over the same of the mails, or for through passengers or freight passing over said bridge or bridges and approaches, than the rate per mile paid for transportation over the railroads leading to said bridge or bridges; Postal telegraph, etc and the United States shall have the right of way for postal telegraphi and telephone purposes without charges therefor across said bridge or bridges and approaches.

Security of navigation.

Maps, plans, etc.

Said bridge or bridges shall be built and located under and subject to such regulations for the security of navigation as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge or bridges and a map of the location or locations, giving, for the space of one

mile above and one mile below the proposed location or locations, the high and low water lines upon the banks of the river or rivers, the direction and strength of the current at all stages of the water, with the soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and should any change be made in the plan of said bridge or bridges during the progress of construction or after completion, such changes shall be subject to the approval of the Secretary of War.

SEC. 3. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said structures, or any of them, or their entire removal at the expense of the owners thereof, or the corporation or persons controlling the same, whenever the public interest requires it, is also expressly reserved.

Change of plan.

Amendment, etc.

Structural changes.

Lights etc.

SEC. 4. That on any bridge or bridges constructed under the provisions of this act there shall be maintained, at the expense of the company or corporation owning or controlling the same, such lights and other signals as may be prescribed by the Light-House Board. SEC. 5. That this act shall be null and void if actual construction of the bridges herein authorized be not completed within three years completion. from the date hereof.

Approved, February 9, 1891.

Commencement and

CHAP. 122.-An act to amend sections twelve hundred and sixteen, and twelve hundred and eighty-five of the Revised Statutes relative to certificates of merit to enlisted men of the Army.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve hundred and sixteen, Revised Statutes, be, and is hereby, amended

to read:

"SEC. 1216. That when any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment to which such enlisted man belongs, grant him a certificate of merit."

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R. S., sec. 1285, p. 223,

SEC. 2. That section twelve hundred and eighty-five, Revised Stat- amended. utes, be, and is hereby, amended to read:

"SEC. 1285. A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous." Approved, February 9, 1891.

CHAP. 123.-An act to autnorize the construction of a bridge across the Cumberland River for the use of the Chesapeake and Nashville Railway, 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 Chesapeake and Nashville Railway Company, a corporation organized under and pursuant to the laws of the States of Kentucky and Tennessee, or its successors, be, and is hereby, authorized to construct and maintain a bridge over the Cumberland River at such point in Trousdale or Sumner and Wilson or Davidson counties, in the State of Tennessee, as it may select, subject to the approval of the Secretary of War.

February 9, 1891.

Nashville Railway Company may bridge point in Tennessee.

Chesapeake and

Cumberland River at

Location.

wagon, and foot

bridge.

Toll.

Railway, or railway, Said bridge shall provide for the passage of railway trains and, at the option of the said company, may be used also for the transit of animals, vehicles of all kinds, and foot passengers, for such reasonable rates of toll as may be approved from time to time by the Secretary of War. SEC. 2. That any bridge built under this act and subject to its Lawful structure and limitations shall be a lawful structure and shall be recognized and known as a post route, and it shall enjoy the rights and privileges of other post roads in the United States, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridge for all purposes.

post route.

Telegraph, etc., Government right of

companies.

way.

tion.

Maps, etc.

SEC. 3. That any bridge authorized by this act shall be located and Security of naviga. built subject to such regulations for the security of navigation as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location thereof, giving the high and low water lines upon the banks of the river, the direction and strength of the currents at all stages of the water, with soundings, accurately showing the bed of the stream, and the location of any other bridge or bridges; such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject, and until such plan and location of the bridge are Approval of location. approved by the Secretary of War the bridge shall not be commenced or built, and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.

Change in plan.

Use by other companies.

Terms.

SEC. 4. That all railroad companies desiring the use of said bridge. shall have equal rights and privileges relative to the passage of rail-way trains over the same and over the approaches thereto upon the payment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any of them, desiring such use shall fail to agree upon the sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be Decision by Secre- decided by the Secretary of War upon a hearing of the allegations. and proofs of the parties.

Failure to agree.

tary of War.

Lights, etc.

Commencement and completion.

Amendment, etc.

etc.

SEC. 5. That the Chesapeake and Nashville Railway Company shall maintain on said bridge, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board shall prescribe. 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 hereof.

SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved, and the right to require any changes in said Structural changes, structure, or its entire removal, at the expense of the owners thereof, whenever Congress or the Secretary of War shall decide that the public interests require it, is also expressly reserved. Approved, February 9, 1891.

February 9, 1891.

Columbus, Ga.

CHAP. 124.-An act to provide for the purchase of a site, and the erection of a public building thereon, at Columbus in the State of Georgia, 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 Secretary Public building, etc. of the Treasury be, and he is hereby, authorized and directed to acquire, by purchase, condemnation or otherwise, a site, and cause to be erected thereon a suitable building, including fire-proof vaults, heating and ventilating apparatus, elevators, and approaches, for

Site.
Building.

the use and accommodation of the United States post-office and other Government offices, in the city of Columbus and State of Georgia, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of one hundred thousand dollars.

Cost.

vertised for.

Proposals for the sale of land suitable for said site shall be invited Proposals to be adby public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals. Proposals made in response to said advertisement shall be addressed Responses. and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to designate, to be examined in person by an agent of the Treasury Examination, etc., Department, who shall make written report to said Secretary of the by Treasury agent. results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites.

Appointment of com

mission.

Examination.

Hearings.

If, upon consideration of said report and accompanying papers, the Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of whom shall be an officer of the Treasury Department, which commission shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the prem- Report. ises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the building to be erected.

Determination of lo

cation.

commissioners.

Proviso.

The compensation of said commissioners shall be fixed by the Sec- Compensation of retary of the Treasury, but the same shall not exceed six dollars per day and actual traveling expenses: Provided, however, That the number of said commission appointed from the Treasury Department shall be paid only his actual traveling expenses.

Treasury member.

No money shall be used or applied for the purposes mentioned,No expenditure until
until a valid title to the site for said building shall be vested in the valid title, etc., pass.
United States, nor until the State of Georgia shall have ceded to the
United States exclusive jurisdiction over the same, during the time.

the United States shall be or remain the owner thereof, for all pur

poses except the administration of the criminal laws of said State

and the service of civil process therein.

The building herein provided for shall be unexposed to danger Open space from fire by an open space of at least forty feet, on each side, including streets and afleys.

Approved, February 9, 1891.

CHAP. 125.-An act to provide for the purchase of a site, and the erection of a public building thereon, at Rockford, in the State of Illinois.

February 9, 1891.

Rockford, Ill.
Public building, etc.

Site.

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 acquire, by purchase, condemnation, or otherwise, a site, and cause to be erected thereon a suitable building, including fire proof vaults, Building. heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices, in the city of Rockford and State of Illinois, the

Cost.

Proposals to be advertised for.

Responses.

Treasury agent.

cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of one hundred thousand dollars.

Proposals for the sale of land suitable for said site shall be invited by public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals.

Proposals made in response to said advertisement shall be addressed and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to Examination, etc., by designate, to be examined in person by an agent of the Treasury Department, who shall make written report to said Secretary of the results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed site.

mission.

Examination.

Hearings.

Report.

If, upon consideration of said report and accompanying papers, the Secretary of the Treasury shall deem further investigation necAppointment of com- essary, he may appoint a commission of not more than three persons, one of whom shall be an officer of the Treasury Department, which commission shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the premises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of Determination of lo- the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the building to be erected. The compensation of said commissioners shall be fixed by the Secretary of the Treasury, but the same shall not exceed six dollars per day and actual traveling expenses: Provided, however, That the Treasury member. member of said commission appointed from the Treasury Department shall be paid only his actual traveling expenses.

cation.

Compensation of commissioners.

Proviso.

No expenditure until valid title, etc., pass.

Open space.

No money shall be used for the purpose mentioned until a valid title to the site for said building shall be vested in the United States, nor until the State of Illinois shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein.

The building shall be unexposed to danger from fire by an open space of at least forty feet on each side, including streets and alleys. Approved, February 9, 1891.

February 9, 1891.

Corpus Christi and

Padre Island Harbor

Company may con struct harbor and

bridges at Padre Island, Tex.

CHAP. 126.—An act to promote the construction of a safe deep-water harbor on the coast of Texas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Corpus Christi and Padre Island Harbor Company, created and existing under and by virtue of articles of incorporation drawn in accordance with and by authority of the general incorporation act of the State of Texas, and dated December tenth, eighteen hundred and eightyseven, or its successors or assignees, be, and is hereby, authorized and empowered to construct, at their exclusive cost, as in their charter provided, a sea-wall, breakwaters, and viaduct off the shore of Padre Island, on the coast of Texas, within the jurisdiction of the United States, subject to the terms and conditions herein set. forth.

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