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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 Survey and location have the right to survey and locate its railway immediately after the passage of this act.

of railway.

Maps to be filed with

and chiefs.

SEC. 6. That said company shall cause maps showing the route of Secretary of Interior its located lines through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief 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.

Proviso.

Grading to com

mence within six

months of filing map.

etc.

Employees may reside on right of way.

Jurisdiction of cir

cuit and district courts Arkansas, etc., in con

for western district of

troversies.

At least 100 miles to be built within three

feited.

SEC. 7. That the officers, servants, and employees of said company necessary to the construction and management of said road 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 the United States circuit and district courts for the western district of Arkansas, and such other courts as may be authorized by Congress, shall have, without reference to the amount in controversy, concurrent jurisdiction over all controversies arising between said Kansas and Arkansas Valley Railway and the nations and tribes through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nations or tribes and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act.

SEC. 9. That said railway company shall build at least one hunyears or rights for dred miles of its said additional lines of railway in said Territory within three years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; that said railroad company shall construct and maintain continually all 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

Condition of accept

ance.

Proviso.

Violation, etc.

Record of mortgages, etc.

same.

SEC. 10. That the said Kansas and Arkansas Valley Railway 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 towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nations any further grant of land, or its occupancy, than is hereinbefore provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act.

SEC. 11. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said Indian 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.

SEC. 12. That Congress may at any time amend, add to, alter, or repeal this act.

Amendment, etc.

Not assignable before completion ex

struction

SEC. 13. That the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the con- cept for aid in construction and completion of the road except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof.

Approved, February 24, 1891.

CHAP. 289.-An act for the relief of settlers upon certain lands in the State of Iowa.

February 24, 1891.

Settlers upon certain lands in Iowa to tual residence there

on.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actual settlers upon the lands heretofore relinquished by the State of Iowa be allowed time of acto the United States because theretofore erroneously conveyed to said State on account of the grant for the Sioux City and Saint Paul Railroad, and restored to the public domain and opened to settlement and entry under the decision and order of the Secretary of the Interior, dated July twenty-sixth, eighteen hundred and eighty-seven, shall, if found entitled to enter the same, be allowed, when making final proof, for the time they have already actually resided upon and cultivated the same.

Approved, February 24, 1891.

CHAP. 290.-An act for the erection of a public building at Richmond, Kentucky.

February 24, 1891.

Richmond, Ky.

Public building, etc.

Site.

Building.

Cost.

Limitations.

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 purchase or otherwise provide a suitable site, and cause to be erected thereon, at the city of Richmond, Kentucky, a suitable and commodious public building, with fire-proof vaults, for the use and accommodation of the collector of internal revenue, for the post-office, and for other Government uses. The site and the building thereon, when completed according to plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed the cost of seventy-five thousand dollars; nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance of the sum herein limited after the site shall have been purchased and paid for, shall have been approved by the Secretary of the Treasury; and no purchase of site nor plan for said building shall be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of seventy-five thousand dollars for site and building; and the site purchased shall leave the building unexposed to danger from fire by an open space of at least forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until a valid title to the said site shall be vested in the United States, nor until the State of Kentucky shall cede to the United States ex- valid title, etc., pass. clusive 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

Approved, February 24, 1891.

Open space.

Proviso.

Noexpenditure until

February 24, 1891.

Belt Railroad Com

CHAP. 291.-An act to amend an act entitled "An act for the construction of a bridge at South Saint Paul, Minnesota."

Be it enacted by the Senate and House of Representatives of the South Saint Paul United States of America in Congress assembled, That the act enpany's bridge over titled "An act for the construction of a railroad and wagon bridge Mississippi River at South Saint Paul, across the Mississippi River at South Saint Paul, Minnesota," approved April twenty-sixth, eighteen hundred and ninety, be, and hereby is, amended as follows:

Minn.

Laws, 1st sess. 51st Cong., p. 69, amended.

Location.

Free navigation.

First, by striking out section one of said bill and substituting in lieu thereof the following, to wit:

"That the South Saint Paul Belt Railroad Company, its successors and assigns, be, and they are hereby, authorized to construct and maintain, at a point suitable to the interest of navigation, a railroad bridge or a combined railroad, wagon, and foot passenger bridge across the Mississippi river from a suitable point on its west bank, at or near the city of South Saint Paul, in the State of Minnesota, and within the limits of section thirty-five, township twenty-eight, range twenty-two west, to a corresponding point on its east bank, and to lay on or over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof at or opposite said places, under the limitations and conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted, and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, or damage resulting from the same, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obRailway, or railway, struction touches; said bridge may, at the option of the company building the same, be constructed to provide for the passage of railroad trains alone, or for the passage of railroad trains and for the safe passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, all for such reasonable rates of toll as may be fixed from time to time by the Secretary of War." Second, by striking out section seven of said bill and substituting in lieu thereof the following, to wit:

Litigation.

wagon, and foot bridge.

Tolls.

Laws, 1st sess. 51st Cong., p. 71, amended.

Commencement and completion extended.

"SEC. 7. 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 the approval of these amendments.

Approved, February 24, 1891.

February 27, 1891.

Fort Riley Rapid Tran

Company granted

reservation, etc.,

CHAP. 342.-An act granting right of way to the Junction City and Fort Riley Street Railway Company into and upon the Fort Riley military reservation in the State of Kansas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Junction City and United States of America in Congress assembled, That the right of sit Street Railway way be, and the same is hereby, granted to the Junction City and right of way through Fort Riley Rapid Transit Street Railway Company, of Junction Fort Riley military City, Geary County, State of Kansas, to construct and operate a line of street railway from a point commencing at or near the north Commencing point. end of the public bridge, over the Republican River in Geary County, near and west of the Union Pacific Railroad bridge; thence north and northeast through said military reservation to a point at or near the post of said Fort Riley as shall hereinafter be designated and determined upon.

Kans.

Direction, etc.

Secretary of War to approve location, etc.

SEC. 2. That the location and terminus of this railway, the width of the right of way and dimension of terminal facilities for buildings, turn-tables, and so forth, for the use of said railway within. said reservation, shall be made with and subject to the approval of the Secretary of War, or such person or persons as he may designate, and authority is hereby granted said street railway company Company may bridge to construct a bridge for this purpose and to have the exclusive use Geary County, Kans. thereof over said Republican River, at a point to be selected by said Exclusive use. Secretary of War, or such person or persons as he may designate, and to land the north end of this said bridge on said reservation and within fifteen hundred feet west of said Union Pacific Railroad bridge.

SEC. 3. That the fare to be charged by said street railway company for the transportation of all persons in the military service of the United States and their families, either to or from Fort Riley to the opposite terminus of the road, shall not exceed the sum of ten cents each.

Republican River,

Location of bridge.

Fare.

Maximum.

SEC. 4. That if the rights hereby conferred shall not be exercised Completion. and the road built within three years next after the passage of this act, all the rights and authority hereby granted shall absolutely cease and determine.

Approved, February 27, 1891.

CHAP. 382.-An act to incorporate the Washington and Arlington Railway February 28, 1891. Company of the District of Columbia.

pany incorporated; through Fort Meyer

bridge Potomac River

at Washington, D. C. Incorporators. Tracks, etc.

Power.

Location.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That W. H. Ran- Washington and Ardle. D. C. Forney, J. S. Lawrence, Beriah Wilkins, C. G. Lee, James lington Railway ComL. Barbour, and their associates and assigns, be, and they are hereby, granted right of way created a body corporate under the name of the Washington and reservation and may Arlington Railway Company of the District of Columbia, with authority to construct and lay down a single or double track_railway, with necessary switches, turn-outs, and other mechanical devices. for operating the same, by horse, cable, compressed air or other power to be approved by the Commissioners of the District of Columbia, or electric power, for carrying passengers, parcels, milk, and truck, by the following route, namely: Beginning on Sixth street near B street northwest; along B street and Virginia avenue northwest to Twenty-sixth street; along Twenty-sixth street to M street; along M street and Canal road to a point on the Potomac River at or near the point known as "The Three Sisters," where the said company is hereby authorized to construct and maintain a bridge across the Potomac River on such plans as the Secretary of War may approve; and from thence River at Sisters." by, on, and over such lines as may be selected by the said company, with the approval of the Secretary of War, to the northwest entrance of the Arlington Cemetery, and thence through the Arlington estate outside of the cemetery grounds to the south or west line thereof, in the State of Virginia: Provided, That said road shall cross the Chesapeake and Ohio Canal on a bridge that shall Chesapeake and Ohio be so constructed as not to interfere with the use of the bed or towpath of the canal as a waterway, or as a railway, and in a manner satisfactory to the Secretary of War: Provided, That said company shall not operate any part of its line by electric power with overhead wires within the city limits: Provided, That should any part of the track herein authorized occupy the same street or avenue with portions of any other duly incorporated street railway in the District of Columbia but one set of tracks shall be used; and the relative conditions of use and of chartered rights may be adjusted Terms for upon terms to be mutually agreed upon between the companies, or,

May bridge Potomac
The Three

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Provisos.

Canal to be bridged.

Overhead wires in city limits.

Coinciding tracks.

other lines.

use of

Litigation.

Secretary of War to approve bridge plans,

etc., prior to com mencement of road in

District.

in the case of disagreement, by the supreme court of the District of Columbia on petition filed therein by either party, and on such reasonable notice to the other party as the court may order: And provided, That no work shall be done on said road in the District of Columbia, until the plans and specifications for the proposed bridge on the Potomac River at or near "The Three Sisters" shall have been approved by the Secretary of War, and the construction of said Consent of Virginia. bridge actually commenced: And provided. That so much of said line as may lie within the State of Virginia shall first receive the approval of the proper authorities of said State. And said company Right of way through is hereby authorized to run its said railway through the United States reservation known as Fort Myer and such other land of the United States in the State of Virginia, excepting the Arlington Cemetery Grounds, as may be necessary to construct the railway between the points named in this bill: only if the Secretary of War shall deem the same promotive of the public interest and always subject to such conditions and regulations as the Secretary of War may from time to time impose.

Fort Myer reservation, etc.

Arlington Cemetery

Grounds excepted.

Limitation.

Regulations, etc.

Construction of railway on bridge, etc.

Joint approval.

trict.

Paving.

chinery, etc.

SEC. 2. That the railway hereby authorized and lying in the District of Columbia and on the bridge shall be constructed by said. company of good materials, and in a substantial manner, with grooved rails of the best pattern, and of a suitable gauge,-all to be approved by the Commissioners of the District of Columbia and Tracks, etc., in Dis- the Secretary of War jointly. The tracks of said railway, so far as the same shall lie within the District of Columbia, and the space between the same and for two feet adjacent to the outer rails thereof, shall be at all times kept by said company well paved and in good order to the satisfaction of the Commissioners of the District of Columbia; and it shall be lawful for said company to make all needful Excavations for ma- and convenient trenches and excavations in any streets or spaces where its railway may be constructed, and to place in such trenches and excavations all the needful and convenient devices and machinery for operating said railway in the manner and by the means aforesaid, subject to the approval of the Commissioners of the District of Columbia, and subject to the other provisions of this act; Operative buildings, and, also, it shall be lawful for said company to erect and maintain, at such convenient and suitable points along its line not in any avenue, street, alley, or other public place as may be deemed advisable by said company or its board of directors, and subject to the approval and regulations from time to time made by the Commissioners of the District of Columbia over the place or places where the same may be located, an engine house or houses, boiler house or houses, and other buildings necessary for the successful operation of said road.

etc.

Fare.

Tickets.

SEC. 3. That the said company may receive a rate of fare not exceeding five cents for each passenger for one continuous ride over the route aforesaid or any part thereof, between the termini of said railroad, and shall sell tickets at the rate of six for twenty-five cents. Said company shall, on or before the fifteenth day of January of each Annual report to year, report to Congress the names of all the stockholders thereof and the amount of stock held by each, together with a detailed statement of the receipts and expenditures from different sources and on whatever account for the preceding year ending December thirty-first, which report shall be verified by the affidavit of the president and Payment to District secretary of said company; and said company shall pay to the Disin lieu of taxes on per- trict of Columbia, in lieu of taxes on personal property for the next

Congress.

sonalty.

Tax-arrearage.
Penalty, etc.

ensuing fiscal year, four per centum of its gross earnings upon traffic for the preceding year, which amount shall be paid to the collector of taxes at the times and in the manner that other taxes are or may be payable and subject to the same penalty in case of arrears; and the franchise and property of said company, both real and personal, to a sufficient amount may be seized and sold in satisfaction thereof in the

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