Survey. Plans, etc. SEC. 3. That the Commissioners of the District of Columbia shall, as soon as practicable, cause a survey of said river to be made to determine the length, width, and height of said bridge and the approaches thereto, and shall cause plans and specifications to be prepared for such bridge and such approaches, and when the same are completed said Board shall advertise for sealed proposals for the Advertisement for construction of such bridge and such approaches, which advertisement proposals. shall be inserted for at least one week in one or more daily papers in such cities as the said Board of Commissioners shall designate, and shall let such contract to the lowest responsible bidder, as provided by law: Provided, That the aggregate cost for the construction of such bridge and the approaches thereto, including the incidental expenses connected therewith, shall not exceed the amount herein appropriated. Approved, March 3, 1891. To be let to lowest bidder. Proviso. Limit of cost. CHAP. 531.—An act relating to junk dealers, dealers in second-hand personal property, and pawnbrokers in the District of Columbia. March 3, 1891. Junk dealers, etc., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the late legislative assembly of the District of Columbia approved August D.C. twenty-third, eighteen hundred and seventy-one, entitled "An act imposing a license on trades, business, and professions practiced or carried on in the District of Columbia," be, and the same is hereby, amended as follows; that is to say, by striking out all of paragraph thirty-two of section twenty-one of said act and inserting in lieu thereof the following: 32. Junk dealers and dealers in second-hand personal property of any kind or description whatsoever shall pay to the District of Columbia a license tax of forty dollars annually. Every person whose business it is to buy or sell old iron, rags, paper, second-hand clothing, or any second-hand personal property of any kind or description whatsoever, shall be subject to the provisions of this act and to all the laws and regulations now in force in the District of Columbia and to all the valid regulations which may hereafter be provided relating to junk dealers or dealers in second-hand personal property: Provided, nevertheless, That no sale shall be made by junk dealers and dealers in second-hand personal property in their possession until after the expiration of ten days from and after the time at which report has been made to the major of police of the purchase thereof, as provided by the police regulations of the District of Columbia." License tax on junk and second-hand deal ers. Definition. Proviso. Sales. Report to police. Pawnbrokers. Vol. 25, p. 1007, SEC. 2. That section seven of chapter four hundred and thirteen of the second session of the Fiftieth Congress, entitled "An act to regulate pawnbrokers in the District of Columbia," approved March amended second. eighteen hundred and eighty-nine, is hereby repealed, and the following is enacted in lieu thereof: Interest allowed on property. Proviso. Property requiring extra care. SEC. 7. That no pawnbroker shall ask, demand, or receive a greater rate of interest than three per centum per month on any loan loans on personal secured by pledge of personal property, under penalty of one hundred dollars for every such offense, to be recovered for the use of the District of Columbia: Provided, however, That where the loan is secured by the pledge of personal property requiring extra care to prevent injury during disuse a pawnbroker may charge such reasonable sum for storing or taking care of the same as the Commissioners for the District of Columbia may from time to time prescribe." SEC. 3. That all prosecutions under said chapter four hundred and Prosecutions. thirteen of the second session of the Fiftieth Congress, and amendments thereof, shall be upon the information of the attorney for, Vol. 25, p. 1006. Proviso. and in the name of, the District of Columbia: Provided, however, Dealers in second- That the provisions of this act shall not apply to dealers in secondhand books excepted. hand books, or to the business of dealing in second-hand books. March 3, 1871. John Jay Sanborn. Title of United States to lot 3, square 990, C., released to. D. Approved, March 3, 1891. CHAP. 532.-An act authorizing sale of title of United States in lot three, in square south of square nine hundred and ninety. Be it enacted by the Senate and House of Representatives of the Henry M. Baker and United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and required to grant and convey unto Henry M. Baker and John Jay Sanborn, of the city of Washington, and their heirs and assigns, as tenants in common, all the right, title, and interest of the United States in and to a certain lot of land in the city of Washington, in the District of Columbia, known upon the plat or plan of said city as lot numbered three, in square south of square numbered nine hundred and ninety, upon the payment by the said Baker and Sanborn into the Treasury of the United States of such sum of money as the said Secretary of the Interior, upon consideration of all the circumstances, shall determine proper to be paid by the said Henry M. Baker and John Jay Sanborn for the said lot. Payment. Approved, March 3, 1891. March 3, 1831. Hot Springs, Ark. Secretary of Interior etc. Payment. Provisos. Surplus water. CHAP. 533.-An act to regulate the granting of leases at Hot Springs, Arkansas, 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 may lease bath-houses, of the Interior is hereby authorized and empowered to execute leases to the bath-houses and bath house sites on the permanent reservation at Hot Springs, Arkansas, for periods not exceeding twenty years, and at an annual rental of not less than thirty dollars per tub for each tub used in any bath-house. Said annual rental shall be payable quarterly in advance, at the office of the Government Superintendent of said property, in Hot Springs, Arkansas: Provided, That the same rate for water rent shall be charged for the water to all parties receiving the same, whether on or off the permanent reservation: Provided, That after the Army and Navy hospital bath-house, the public bath-house, the bath-houses which are now or may hereafter be authorized on the permanent reservation, the Arlington Hotel, and the bath-houses off the permanent reservation now authorized to be supplied with hot water, in the order herein named, if there shall still be a surplus of hot water the Secretary of the Interior may, in his discretion and under such regulations as he may prescribe, cause hot water to be furnished to bath-houses, hotels, and families off the permanent reservation: Provided, That such bathhouses, hotels, and families shall cause all connections for obtaining such hot water to be made at their own expense: Provided, That all water furnished to any hotel or family for other use than bathing shall be paid for at such reasonable price, as shall be fixed by the Readjustment of Secretary of the Interior: Provided further, That the Secretary of terms each five years. the Interior shall at the expiration of each period of five years during the continuance of each lease made hereunder readjust the terms. and amounts of payment provided for therein as may be just, but not less than the minimum herein provided. Connections. Rates. Lease of Arlington Hotel. SEC. 2. That the Secretary of the Interior is hereby authorized to execute a lease of the Arlington Hotel site at Hot Springs, Arkansas, to the present lessees for a period of twenty years, and at an annual ground rent of two thousand five hundred dollars, for the first five years thereof, and at the end of said period of five years, and of each period of five years thereafter, he shall readjust and fix the compensation to be paid during the ensuing five years, but not less than that hereinbefore provided for. Rent. Secretary of the Inulations, etc. terior to make all reg SEC. 3. That all power now possessed by the Secretary of the Interior for the regulating of leases of bath-houses, bath-house privileges, or hotel rights on the reservation, or as to supplying hot water to places off the reservation, is hereby retained and continued in him; and full power is vested in the Secretary of the Interior to provide, in all leases to be executed against any combination among lessees or their assigns, as to ownership, prices, or accommodations at any bath-house; full power is also vested in him to make all needful rules and regulations as to the use of the hot water, and to prevent its Use of water. waste, including full power to authorize the superintendent of the reservation to make examination and inspection at any time of the manner of using the hot water at any bath-tub, that it may be used in proper quantity only, and to prevent its waste; and also full power Charges. to provide and fix reasonable maximum charges for all baths, or bathing privileges, or services of any person connected with any bath-house furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Secretary of the Interior may make all necessary rules and regulations as to said bath-houses and the service therein as shall be deemed best for the public interest, and to provide penalties for the violation of any regulation which may be enforced as though provided by act of Congress. All leases and grants of hot-wa er privileges shall be Leases subject to held to be subject to all regulations now in force or which may be regulations. hereafter adopted by the Secretary of the Interior, and for any viola tion of any regulation, known to the proprietor at the time of the offense, the lease or grant may be canceled by the Secretary of the Interior. It shall be expressly provided in all leases and grants of Provisions in leases. privilege for hot water that the bath-house for which provision is made shall not be owned or controlled by any person, company, or corporation which may be the owner of or interested (as stockholder or otherwise) in any other bath-house on or near the Hot Springs Reservation; that neither the hot-water privilege granted nor any interest therein, nor the right to operate or control said bath-house, shall be assigned or transferred by the party of the second part without the approval of the Secretary of the Interior first obtained, in writing; and if the ownership or control of said bath-house be transferred to any person, company, or corporation owning or interested in any other bath-house on or near said reservation, the Secretary of the Interior may, for that cause, deprive the bath-house provided for of the hot water and cancel the lease or agreement. All buildings to be erected on the reservation shall be on plans first approved by the approval. Secretary of the Interior, and shall be required to be fire proof, as nearly as practicable. SEC. 4. That the Secretary of the Interior, before executing any lease to bath-houses or bath-house sites on the permanent reservation or contracts for the use of hot water for bath-houses off the permanent reservation, may make due investigation to ascertain whether the person, persons, or corporation applying for such lease or contract are not, directly or indirectly, interested in any manner whatever in any other bath-house lease, interest, or privilege at or near Hot Springs, Arkansas, or whether he or they belong to any pool, combination, or association so interested, or whether he or they are members or stockholders in any corporation so interested, or, if a corporation, whether its members or any of them are members or stockholders of any other corporation or association interested in any other bath-house, lease, interest, or privilege as aforesaid, and in order to arrive at the facts in any such case he is authorized to send Buildings subject to Investigation to determine if persons are interested in more than one bath-house. ing, etc. for persons and papers, administer oaths to witnesses, and require affidavits from applicants; and any such person making a false oath or affidavit in the premises shall be deemed guilty of perjury, and, upon conviction, subject to all the pains and penalties of perjury Forfeiture for pool under the statutes of the United States; and whenever, either at the time of leasing or other time it appears to the satisfaction of the said Secretary that such interest in other bath-house, lease, interest, or privilege exists, or at any time any pool or combination exists between any two or more bath-houses or he deems it for the best interests of the management of the Hot Springs Reservation and waters, or for the public interest he may refuse such lease, license, permit or other privilege, or forfeit any lease or privilege wherein the parties interested have become otherwise interested as aforesaid. SEC. 5. That the consent of the United States is hereby given for the taxation, under the authority of the laws of the State of Arkansas applicable to the equal taxation of personal property in that State, as personal property of all structures and other property in private ownership on the Hot Springs Reservation. SEC. 6. That the authority heretofore conferred upon the Secretary of the Interior to collect the hot water upon said reservation shall be so construed as to require water to be collected only where, such collection is necessary for its proper distribution, and not where by gravity the same can be properly utilized. SEC. 7 That the Secretary of the Interior may direct the public sale of all unsold Government lots on the Hot Springs Reservation, and not now permanently reserved at the city of Hot Springs, after having had the same reappraised, and also advertised as now required by law, and no lot shall be sold at less than the appraised price. SEC. 8. Nothing in this act shall be so construed as to prevent the stockholders of any Hotel from operating a bath-house in connection with such Hotel as a part thereof. Approved, March 3, 1891. March 3, 1891. Hawaiian Islands. Tariff act not to im. treaty. Cong., p. 567. CHAP. 534.-An act relating to the treaty of reciprocity with the Hawaiian Islands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing in pair reciprocity the act approved October first, eighteen hundred and ninety, entitled Laws, 1st Sess., 51st "An act to reduce the revenue and equalize duties on imports, and for other purposes," shall be held to repeal or impair the provisions of the convention respecting commercial reciprocity concluded JanVol. 19, p. 625; Vol.25, uary thirtieth, eighteen hundred and seventy-five, with the King of the Hawaiian Islands, and extended by the convention proclaimed November ninth, eighteen hundred and eighty-seven; and the provisions of said convention shall be in full force and effect as if said act had not passed. p. 1399. Approved, March 3, 1891. March 3, 1891. Fort Gibson, Table eastern Railway Com CHAP. 535.—An act to authorize the Fort Gibson, Tahlequah ana Great Northeastern Railway Company to construct and operate a railway through the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the quah and Great North- United States of America in Congress assembled, That the Fort Gibpany may build rail- son, Tahlequah and Great Northeastern Railway Company, a corway. etc.. line in In- poration created under and by virtue of the laws of the State of Arkansas, be, and the same is hereby, invested and empowered with the right of locating, constructing, equipping, operating, using, and dian Territory. maintaining a railway, telegraph, and telephone line through the Indian Territory, beginning at the town of Rogers, in Benton County, Arkansas, and running thence in a westerly direction by way of Bentonville, Benton County, Arkansas, to the eastern boundary of the Cherokee Nation, Indian Territory, at or near mile post twenty-two; thence by way of Tahlequah, Cherokee Nation, to Fort Gibson, in said Territory, with the right to construct and maintain such tracks, turnouts, and sidings as said company may deem it to its interests to construct along and upon said right of way and depot grounds herein provided for. Location. Stations. Cuts, etc. SEC. 2. That said corporation is authorized to take and use for all Width. purposes of a railway, and for no other purpose, a right of way one hundred feet in width through said Indian Territory for said line of its railway, and to take and use a strip of land two hundred feet in width, with a length of three thousand feet, in addition to right of way, for stations for every ten miles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road-bed not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of land shall be taken for any one station: Provided, further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Provisos. Lands not to be sold, etc. Appraisement. SEC. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, custom, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be ap- Referees. pointed one (who shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior, within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the failure of either party to make such appointment Substitution on failwithin thirty after the appointment made by the President, the vacancy shall be filled by the district judge of the court held at Muscogee, Indian Territory, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings, within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railroad company. Award. In case the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after ure to appoint. Hearings. Compensation. Witnesses' fees. |