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Provisos.

"Cherokee Outlet"

lands excepted.

manner of Indian life the issue of such co-habitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this act shall not be held or construed as to apply to the lands commonly called and known as the "Cherokee Outlet": And provided further, That no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, Pending rights, etc., eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated. Approved, February 28, 1891.

Certain Sacs and

Foxes excepted.

unimpaired.

February 28, 1891.

Public lands.

Homestead settle

ment on, and selecciencies in, school

tions to supply defi

lands.

R. S.. sec. 2275, p. 417, amended.

survey, on sectious 16 or 36, subject to settlers' claims.

school lands thus taken.

of.

Provisos.

school lands by selecting lieu lands.

CHAP. 384.-An act to amend sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes of the United States providing for the selection of lands for educational purposes in lieu of those appropriated for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections twenty-two hundred and seventy-five and twenty-two hundred and seventy-six of the Revised Statutes of the United State be amended to read as follows:

"SEC. 2275. Where settlements with a view to pre-emption or homestead have been, or shall hereafter be made, before the survey of the Settlements, before lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections, or either of them, have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State or Territory in which they lie, other lands of equal Lieu lands, where acreage are hereby appropriated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by pre-emption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted, and may be selected Where school lands by said State or Territory where sections_sixteen or thirty-six are are otherwise disposed mineral land, or are included within any Indian, military, or other reservation, or are otherwise disposed of by the United States: Provided, Where any State is entitled to said sections sixteen and thirtyWaiver of right to six, or where said sections are reserved to any Territory, notwithstanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said seetions. And other lands of equal acreage are also hereby appropriated Fractional deficien- and granted, and may be selected by said State or Territory to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural Secretary of Interior cause whatever." And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall be entitled to select indemnity lands to the extent of two sections for each of said townships, in lieu of sections sixteen and thirty-six therein; but such selections may not be made within the boundaries of said reservations: Provided, however, That nothing herein conAwa ting restoration tained shall prevent any State or Territory from awaiting the lic domain, for school extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public

cies of school lands, etc.

to ascertain townships included in certain reservations.

Limitation.

of reservations to pub

sections.

domain and then taking the sections sixteen and thirty-six in place therein; but nothing in this proviso shall be construed as conferring any right not now existing.

Existing rights.

R. S., sec. 2276, p.

ply deficiencies of fractional townships.

SEC. 2276. That the lands appropriated by the preceding section shall be selected from any unappropriated, surveyed public lands, 417, amended. not mineral in character, within the State or Territory where such Principles governlosses or deficiencies of school sections occur; and where the selec- ing selections to suptions are to compensate for deficiencies of school lands in fractional school sections and in townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than threequarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three quarters of a section; for a fractional township, containing a greater quantity of land than one quarter, and not more than one half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township one-quarter section of land: Provided, That the States or Territories which are, or shall be entitled to both the sixteenth and thirty-sixth sections in place, shall have the right to select double the amounts named, to compensate for deficiencies of school land in fractional townships."

Approved, February 28, 1891.

Proviso.

Double lieu lands.

CHAP. 385.-An act to prohibit the granting of liquor licenses within one mile of the Soldiers' Home.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the passage of this act no license for the sale of intoxicating liquor at any place within one mile of the Soldiers' Home property in the District of Columbia shall be granted. Approved, February 28, 1891.

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CHAP. 492.-An act to authorize the building of a railroad bridge at Little Rock,
Arkansas.

March 2, 1891.

Little Rock Bridge and Terminal Railway

Company may bridge
Arkansas River at

Little Rock, Ark.

Railroad tracks.

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 Little Rock Bridge and Terminal Railway Company, a corporation organized under the laws of the State of Arkansas, to construct and maintain a bridge and approaches thereto over the Arkansas River, at a point on said river at or near the city of Little Rock, in the State of Arkansas, 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 hereafter be constructed to the said river, on either or both sides thereof, at or opposite said point, under the limitations and conditions hereinafter provided; said bridge shall be constructed to provide for the passage of railway trains, Railway, or railway, and, at the option of the owners or builders thereof, may be used for wagon, and foot passage of wagons or vehicles of all kinds, for the transit of animals of all kinds, and for 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 limitations, 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 transmission over the same of the mails, troops, and munitions of war, or other property of the United States, than the rate

the

bridge.

Lawful structure and post route.

per mile charged for the transportation of the same over the railroads or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other post roads in the United Use by telegraph, States. 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 and its approaches for postal-telegraph purposes.

etc., companies.

Postal telegraph.

Draw or pivot bridge.

Pivot openings.

Spans.

SEC. 3. That the said bridge shall be constructed with a draw or pivot span, which shall be over the main channel of the river at an accessible navigable point, and the openings on each side of the pivot pier shall not be less than one hundred and sixty feet in the clear, and as nearly as practicable both of said openings shall be accessible at all stages of water; that the spans shall be not less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest point of the superstructure of said bridge; that Piers and draw rests. the piers and draw rests of said bridge shall be built parallel with the current at that stage of the river which is most important for navigation, and the bridge itself at right angles thereto; and that no Encroachment upon riprap or other outside protection for imperfect foundations shall be permitted to approach nearer than four feet to the surface of the water at its extreme low stage, or otherwise to encroach upon the channel ways provided for in this act: Provided, That said draw shall be opened by the company or persons owning or controlling said bridge upon reasonable signal for the passage of boats or rafts, and there shall be maintained, at the expense of the owners thereof, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.

channel ways.

Proviso.

Opening of draw.

Lights, etc

Use by other companies.

Terms.

SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of trains over the same upon payment of a 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 sum or sums to be paid, and upon rules and conditions to which each shall conform in using said Determination by bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

Disagreement.

Secretary of War.

Security of navigation.

approve plans, etc.

SEC. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the security of navigation as the Secretary of War shall preSecretary of War to scribe, and to secure that object the owner or owners thereof shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the high and low water lines upon the banks of the river, 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 ber equired for a full and satisfactory understanding of the subject; and until such plan and location of the bridge are 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, or after completion, such change shall be subject to the approval of the Secretary of War.

Change in plan.

Amendment, etc.

SEC. 6. 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 interest requires it, is also expressly reserved.

completion.

SEC. 7. That this act shall be null and void if actual construction Commencement and of the bridge herein authorized be not commenced within one year and completed within three years from the date hereof. Approved, March 2, 1891.

CHAP. 493.-An act to detach the county of Logan, in the State of Ohio, from the northern and attach it to the southern judicial district of said State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county of Logan, in the State of Ohio, be detached from the northern and attached to the southern judicial district of the State of Ohio and assigned to the eastern subdivision therein.

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SEC. 2. That all civil and criminal causes or proceedings now Jurisdiction of pend pending in the northern district of Ohio which originated in said ing causes, etc. county of Logan shall remain within the jurisdiction of the United States court for said northern judicial district for final disposition, and all offenses committed in said county against the laws of the United States before the passage of this act shall also be cognizable in the United States court for the said northern district until final disposition of the same.

Approved, March 2, 1891.

CHAP. 494 —An act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-two, and for other purposes.

March 2, 1891.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Naval service ap sums be, and they are hereby, appropriated, to be paid out of any propriations. money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, eighteen hundred and ninety-two, and for other purposes:

PAY OF THE NAVY.

For the pay of officers on sea duty; officers on shore and other duty; officers on waiting orders; officers on the retired list; Admiral's secretary; clerks to commandants of yards and stations; clerks to paymasters at yards and stations; general storekeepers; receiving ships and other vessels; extra pay to men re-enlisting under honorable discharge; pay of petty officers, seamen, landsmen, and boys, including men in the engineers' force and for the Coast Survey Service and Fish Commission, seven thousand five hundred men and seven hundred and fifty boys at the pay prescribed by law; in all, seven million three hundred thousand dollars.

PAY, MISCELLANEOUS.

For commissions and interest; transportation of funds; exchange; mileage to officers while traveling under orders in the United States, and for actual personal expenses of officers while traveling abroad under orders, and for traveling expenses of apothecaries, yeomen, and civilian employees, and for actual and necessary traveling expenses of naval cadets while proceeding from their homes to the Naval Academy for examination and appointment as cadets; for rent and furniture of buildings and offices not in navy yards; expenses of courts-martial, prisoners and prisons and courts of inquiry, 51-2- -8

Pay of the Navy.

Miscellaneous.

Contingent.

Bureau of Navigation.

Gunnery exercises.

Ocean and lake surveys.

Telegraph cable sur

cisco and Honolulu.

boards of investigation, examining boards, with clerks' and witnesses' fees, and traveling expenses and costs; stationery and recording; expenses of purchasing-paymasters' offices of the various cities, including clerks, furniture, fuel, stationery, and incidental expenses; newspapers and advertising; foreign postage; telegraphing, foreign and domestic; telephones; copying; care of library, including purchase of books, photographs, prints, manuscripts, and periodicals; ferriage, tolls, and express fees; costs of suits; commissions, warrants, diplomas, and discharges; relief of vessels in distress; canal tolls and pilotage; recovery of valuables from shipwrecks; quarantine expenses; reports, professional investigation; cost of special instruction, at home or abroad, in maintenance of students and attaches and information from abroad, and the collection and classification. thereof, and other necessary incidental expenses; in all, two hundred and forty thousand dollars.

CONTINGENT, NAVY: For all emergencies and extraordinary expenses arising at home or abroad, but impossible to be anticipated or classified, exclusive of personal services in the Navy Department or any of its subordinate Bureaus or offices, at Washington, District of Columbia, seven thousand dollars.

BUREAU OF NAVIGATION.

GUNNERY EXERCISES: For prizes for excellence in gunnery exercises and target practice; for the establishment and maintenance of targets and ranges; for hiring established ranges, and for transportation to and from ranges, six thousand dollars.

OCEAN AND LAKE SURVEYS: For ocean and lake surveys, the publication and care of the results thereof; the purchase of nautical books, charts, and sailing directions, and freight and express charges on same; preparing and engraving on copper plates the surveys of the Mexican coasts, and the publication of a series of charts of the coasts of Central and South America, fourteen thousand dollars.

TELEGRAPHIC CABLE SURVEYS: To enable the President to cause vey between San Fran- careful soundings to be made between San Francisco, California, and Honolulu, in the Kingdom of the Hawaiian Islands, for the purpose of determining the practicability of the laying of a telegraphic cable between those points, twenty-five thousand dollars, or so much thereof as may be necessary, and the President is hereby authorized to direct the use of any vessel or vessels belonging to the United States in making such survey.

Naval apprentices' bounty.

Recruiting, transportation, and contingent.

Naval training station, Coaster's Harbor Island, R. I.

BOUNTIES FOR Outfits FOR NAVAL APPRENTICES: For bounties for outfits of seven hundred and fifty naval apprentices, thirty thousand dollars.

RECRUITING, TRANSPORTATION, AND CONTINGENT, BUREAU OF NAVIGATION: For expenses of recruiting for the naval service; rent of rendezvous and expenses of maintaining the same; advertising for men and boys, and all other expenses attending the recruiting for the naval service, and for the transportation of enlisted men and boys at home and abroad; for heating apparatus for receiving and training ships, and extra expenses thereof; for freight, telegraphing on public business, postage on letters sent abroad, ferriage, ice, apprehension of deserters and stragglers, continuousservice certificates, good-conduct badges and medals for boys; school books for training ships; packing boxes and materials, and other contingent expenses and emergencies arising under cognizance of the Bureau of Navigation, unforeseen and impossible to classify, forty-five thousand dollars.

NAVAL TRAINING STATION, COASTER'S HARBOR ISLAND, RHODE ISLAND (FOR APPRENTICES): For dredging channels, repairs to main causeway, roads, and grounds, extending sea-wall, and the employment of such labor as may be necessary for the proper care and

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