No mortgage, etc., until completion, save poses. said irrigation company in such manner as the Secretary of the Interior shall prescribe before any right under this act shall accrue to said company. SEC. 4. That said company shall not assign, or transfer, or mortfor construction pur- gage its right of way for any purpose whatever until said canal shall be completed; except, however, that the company may mortgage said franchise for the purpose of raising money to construct and build said canal: And provided further, That the right herein granted shall be lost and forfeited by said company unless the canal is constructed across said reservation within three years from the passage of this act. Proviso. Completion. Immediate entry for surveys. Limitation. SEC. 5. That the right of immediate entry upon the lands of said reservation for the purpose of making surveys of the line of the ditch or canal of said company is hereby granted, but no right of any kind in or to any part of the right of way or other grounds above menPlats to be filed with tioned shall vest in said company until plats thereof, made upon Secretary of Interior. actual survey for the definite location of said ditch or canal, including the points for dams, reservoirs, and distributing ditches, with the amount of ground requisite for such purposes, shall be filed with Pre-payment for the Secretary of the Interior, and until the compensation for said lands and for the services of said Commissioners has been fixed and paid. lands and commissioners' services. Vol. 23. p. 341. Secretary of the In terior to distribute moneys received for right of way, etc.. to certain Indian allottees. SEC. 6. That whereas under the provisions of the act of Congress above mentioned the lands of said reservation are soon to be allotted to the Indians belonging thereto in severalty, the Secretary of the Interior shall hold the moneys paid to him by said company for right of way and other grounds, as above provided, until such allotment in severalty shall have been perfected, and thereupon he shall pay over to the Indians to whom shall be allotted the lands traversed by said ditch or canal the amount of compensation assessed by the Commissioners as properly appertaining to the tract of land to each InPayments for dam- dian allotted. Payments for improved or inclosed lands held by Indians prior to such allotment and damaged by the construction of said ditch or canal shall be made to the several Indians affected thereby immediately upon the appraisement of said Commissioners Vouchers to be filed. being made, and vouchers for such payments, attested by the agent in charge of the reservation, shall be filed by said company with the Secretary of the Interior at the time of filing its plat of location of said ditch or canal. ages to certain other Indian land-holders. Forfeiture. Amendment. SEC. 7. That any failure in the performance of the conditions prescribed in this act shall be taken and deemed to work a forfeiture of the rights herein granted, without any act of Congress or judgment of court declaring the same. SEC. 8. That the right to alter, amend, or repeal this act is hereby reserved. Approved, February 10, 1891. February 10, 1891. Pensions. Embezzlement, etc., by guardian, etc. R.S.. sees. 4783. p. 92, and 5486, p. 1064, amended. Description of fiduciary agent. CHAP. 130.—An act to amend sections forty-seven hundred and eighty-three and fifty-four hundred and eighty-six of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Sections fortyseven hundred and eighty-three and fifty-four hundred and eightysix of the Revised Statutes be, and the same are hereby, so amended as to read as follows: "Every guardian, conservator, curator, committee, tutor, or other person having charge and custody in a fiduciary capacity of the pension of his ward, who shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, shall be pun- Penalty. Approved, February 10, 1891. CHAP 131.-An act to provide for an additional associate Justice of the supreme court of Arizona. a February 11, 1891. Supreme court and Arizona Territory. Vol. 12, p. 665 amended. Composition of su Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the supreme court of the Territory of Arizona shall consist of a chief jus- judicial districts of tice and three associate justices, any three of whom shall constitute quorum; but no justice shall act as a member of the supreme court in any action or proceeding brought to such court by writ of error, bill of exception, or appeal from a decision, judgment, or decree rendered by him as judge of a district court, unless one of the other justices is disqualified to sit in such action. preme court. Quorum. Disqualified to sit. Appointment of additional associate jusTerm of office. SEC. 2. That it shall be the duty of the President to appoint one additional associate justice of said supreme court in manner now pro- tice. vided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified. SEC. 3. That the said Territory shall be divided into four judicial districts, and a district court shall be held in each district by one of the justices of the supreme court thereof, at such time and place as is or may be prescribed by law. Each judge, after assignment, shall reside in the district to which he is assigned. Division into four judicial districts. Terms of court. ments. SEC. 4. That the present chief justice and his associates are hereby Division and assignvested with power and authority, and they are hereby directed to divide said Territory into four judicial districts, and make such assignments of the judges provided for in the first section of this act as shall in their judgment be meet and proper: Provided, That said districts shall be subject to such changes as the Territorial Assembly Changes in districts. of the said Territory may enact. Proviso. Jurisdiction of district courts. R. S., sec. 1910, p. 337. Terms. SEC. 5. That the said district court shall have jurisdiction, and the same is hereby vested, to hear, try, and determine all matters and causes that the courts of the other districts of the Territory now possess; and for such purposes two terms of said court shall be held annually, at such places within said district as may be designated by the chief justice and his associates, or a majority of them; and grand Jurors. and petit jurors shall be summoned thereon in the manner now required by law. etc. SEC. 6. That all offenses committed before the passage of this act Pending offenses, shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges) as if this act had not passed. Approved. February 11, 1891. February 13, 1891. CHAP. 163. An act to provide for the disposal of the abandoned Fort Ellis military reservation in Montana under the homestead law, 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 Fort Ellis Military of the Interior be, and is hereby, authorized and directed to cause Portion of, may be the lands embraced within the abandoned Fort Ellis military reser- open to homestead envation in Montana to be regularly surveyed by an extension of the "To be surveyed. public surveys over the unsurveyed portions thereof. Reservation, Mont. try. Section granted for State militia campground, etc. Proviso. Reversion. Remainder granted to State. Limitations. Vol. 25, p. 676. Patents. Existing rights. Lands subject to en SEC. 2. That there is hereby granted to the State of Montana, one section of said reservation, to be selected according to legal subdivisions so as to embrace the buildings and improvements thereon to be used by said State as a permanent militia camp-ground, or for other public purpose in the discretion of the State Legislature: Provided, That whenever the State shall cease to use said lands for public purposes the same shall revert to the United States. SEC. 3. That the remainder of said reservation, or any portion thereof may be selected by the State of Montana at any time within one year after the approval of the survey thereof, in tracts of not less than one section, in square form and according to legal sub-divisions as a part of the lands granted to said State under the provision of "An act to provide for the admission of the State of Montana into the Union," approved February twenty-second, eighteen hundred and eighty-nine. And the Secretary of the Interior shall cause patents for the lands so selected to be issued to the said State: Provided, That no existing lawful rights to any of said lands initiated under any of the laws of the United States shall be invalidated by this act: Provided, That if any portion of said reservation shall remain unselected by said State for a period of one year after the approval of the survey, that portion remaining unselected shall be subject to entry under the general land and mining laws of the United States: Provided further, That if within said period of one year the Governor of said State shall officially notify the Secretary of the Interior that the State has completed its selections, then the Secretary shall at once proclaim the remaining lands open to entry as aforesaid: And proNo waiver of right vided further, That nothing in this act shall be construed to waive or to forfeit Northern release in any way, any right of the United States to have the lands granted to the Northern Pacific Railroad Company forfeited, for any failure past or future, to comply with the conditions of the grant. Approved, February 13, 1891. try, unselected by State, one year after survey. Remaining lands, after completed selec tions. Pacific R. R. lands. February 13, 1891. Railroad Company tunnel Railroad tunnel. Tracks, etc. CHAP. 164.-An act to authorize the construction of a tunnel under the waters of the bay of New York, between the town of Middletown, in the county of Richmond, and the town of New Utrecht, in the county of Kings, in the State of New York, and to establish the same as a post-road. Be it enacted by the Senate and House of Representatives of the New Jersey and Sta- United States of America in Congress assembled, That it shall be ten Island Junction lawful for the New Jersey and Staten Island Junction Railroad ComBay from New York pany, a corporation existing under the laws of the State of New to New Utrecht, N. Y. York, to build and maintain a tunnel under the waters of the bay of New York, from a point in the town of Middletown, in the county of Richmond, in said State, to a point in the town of New Utrecht, in the county of Kings, in said State, for the passage of railroad trains, engines, and cars in and through the same, and to lay in and through said tunnel such and so many railway tracks as may be necessary for the use of said company, and such connections or extensions thereof as may be made, and for the use and more perfect connection of any and all railroads that are or shall be constructed to the said points, and that all railway companies desiring to use the said tunnel shall have and be entitled to equal rights and privileges in the passage through the same, and in the use of the tracks and fixtures thereof, and of all the approaches thereto, for a reasonable compensation, to be paid to the owners of said tunnel, under and upon such terms and conditions as shall be agreed to by the owners of said tunnel and such other railway companies: Provided, however, That in case such parties can not so agree then, and in such case, such other railway companies shall have the right to so use the tunnel under such terms and conditions as shall be prescribed by the Secretary of War, after hearing the allegations and proof of the respective parties. Use by other companies. Terms. Proviso. Disagreement. Security of naviga No obstruction in waters. SEC. 2. That said tunnel shall be so constructed as not in any manner to interfere with the navigation of ships, steamboats, and other water- tion. craft in the said bay of New York; that the upper surface of the covering arch of the said tunnel shall be placed at a depth below the Depth below bed. bed of the said bay sufficient to save and protect the waters of the said bay and the currents and channels thereof from any change or alteration by reason of the construction of the said tunnel or any part thereof; and no obstruction, either of a temporary or permanent character, to the free and unrestricted navigation of the said bay of New York shall be built anywhere within the waters of said bay in connection with the construction of the tunnel or any part thereof. SEC. 3. That any tunnel constructed under this act together with Lawful structure and the approaches thereto, and according to its terms and limitations, post-route. shall be a lawful structure, and shall be recognized and known as a post-route, upon which no higher charge shall be made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to said tunnel; and the United States shall have the right of way for postal Postal telegraph. telegraph purposes through and in said said tunnel, and over the approaches thereto. approve plan, location, SEC. 4. That the plan and location of said tunnel, with a detailed Secretary of War to map of the bay of New York at, over, and near to the proposed site etc. of the said tunnel, exhibiting the depth of water and the currents and channel thereof, shall be submitted to the Secretary of War for his approval, and until he shall approve the plan and location of said tunnel, it shall not be built, but upon the approval of said plans by the Secretary of War the said company may proceed to the building of the said tunnel in conformity with said approved plan; and no change shall be made in the plan or location of said tunnel dur- Change of plan, etc. ing the progress of the work thereon, except the same be first approved by the Secretary of War. If the Secretary of War shall at any time deem any change or alterations necessary in the said tunnel, so that the same shall not interfere with or endanger the navigation of ships, steam-boats, and other water-craft, or if he shall deem the disuse of the whole structure necessary for the preservation of the harbor for the purpose of navigation, the alteration so required shall be made at the expense of the parties owning said structure. SEC. 5. That if work shall not be commenced upon said tunnel within three years and completed within ten years after the passage of this act, the rights and privileges hereby granted shall determine and cease. etc. Structural changes, Commencement and completion. SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment, etc. expressly reserved. Approved, February 13, 1891. CHAP 165.—An act to ratify and confirm agreements with the Sac and Fox Nation of Indians, and the Iowa tribe of Indians, of Oklahoma Territory, and to make appropriations for carrying out the same. Whereas David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed commissioners on the part of the United States, did on the twelfth day of June, eighteen hundred and ninety, conclude an agreement with the Sac and Fox Nation of Indians, occupying a reservation in the Territory of Oklahoma, formerly a part of the Indian Territory, which said agreement is in words and figures as follows, to wit,: Articles of Agreement made and entered into at the seat of Government of the Sac and Fox Nation in the Indian Territory on the twelfth day of June eighteen hundred and ninety, by and between February 13, 1891. Preamble. Articles of Agreement with the Sacand Fox Nation of Indians, Oklahoma Territory, ARTICLE I. Cession to the United States of certain lands Sac and Fox Nation. Description. David H. Jerome, Alfred M. Wilson and Warren G. Sayre, Commissioners on the part of the United States, appointed for the purpose and the Sac and Fox Nation, witnesseth: ARTICLE I. The said the Sac and Fox Nation hereby cedes, conveys, transfers, surrenders and forever relinquishes to the United States in Indian Territory by of America, all their title, claim or interest, of every kind or character, in and to the following described tract of land or country, in the Indian Territory, to-wit: Beginning at a point on the left bank of the North fork of the Canadian River, where the West boundary line of the Creek Reservation crosses the same; thence North with said West boundary line to the right bank of the Cimarron River; thence up the said Cimarron River along the right bank thereof to a point on said right bank of said river, where the Section line between Sections Nineteen and Twenty (20) of Township Eighteen (18) North, of Range (4) East of the Indian Meridian strikes the same; thence South on the Section line between Sections Nineteen (19) and Twenty (20) Twenty nine (29) and Thirty (30) Thirty-one (31) and Thirty-two (32), of said Township Eighteen (18), and between Sections Five (5) and Six (6), Seven (7) and Eight (8) Seventeen (17) and Eighteen (18) Nineteen (19) and Twenty (20) Twenty-nine (29) and Thirty (30) Thirty-one (31) and Thirty two (32), of Townships Seventeen (17), Sixteen (16) Fifteen (15), Fourteen (14) North, and between Sections Five (5) and Six (6) Seven (7) and Eight (8) and Sections Seventeen (17) and Eighteen (18) of Township Thirteen (13) North, all in range Four (4) East of the Indian Meridian, to the Southeast corner of Section Eighteen (18) in said Township Thirteen (13); thence West on the Section line between Sections Eighteen (18) and Nineteen (19), to the Range line between Ranges Three (3) and Four (4), East of said Indian Meridian, thence South on said Range line to a point on the left bank of the North Fork of the Canadian River, where the said Range line strikes the said river; thence down the said North fork of the Canadian River, along the left bank thereof to the place of beginning: Cession of other lands. Description. Provisos. tion Existing rights. Also the tract of land situated in Township Ten (10) North of Range Four (4) East of said Indian Meridian, North of the North fork of the Canadian River, (not within the limits of the tract of country above-described), and bounded as follows: Beginning at the point on the left bank of the North Fork of the Canadian River where the Range line between the Ranges Three (3) and Four (4) East strikes the said river; thence up said river along the left bank thereof to a point on said left bank where the said range Line again intersects said river; thence South on said Range Line to a point on the left bank of said River where said Range line again intersects said River; thence down said river along the left bank thereof to the place of beginning-and all other land or country in Indian Territory, in which said Sac and Fox Nation has or claims any title, claim or interest. Provided however the quarter section of land on which is now Agency quarter sec- located the Sac and Fox Agency shall not pass to the United States to excepted from by this cession, conveyance, transfer, surrender and relinquishment, but shall remain the property of said Sac and Fox Nation, to the full extent that it is now the property of said Nation-subject only to the rights of the United States therein, by reason of said Agency being located thereon, and subject to the rights, legal and equitable, of those persons that are now legally located thereon. And it is agreed that the National Council of the said Sac and Fox Nation shall have the right at any time, subject to the approval of the Secretary of the Sacs and Foxes may Interior for the time being, to sell and convey said quarter section of land, or any part thereof, saving in such conveyance the rights of the United States and of persons legally located thereon-for the benefit of Exempted from al- said Sac and Fox Nation, but shall not be subject to be taken by any citizen of the Sac and Fox Nation, in allotment, nor subject to home sell Agency quarter section. lotment and homestead entry. |