Proviso. shall execute and deliver to the President of the United States, or to Approved, January 6, 1897. Indemnity for loss, CHAP. 7.—Ân Act Extending the time within which the University of Utah shall occupy lands heretofore granted to it. January 8, 1897. Utah. lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time within which the University of Utah shall occupy the lands granted to it by Act of July occupying University twenty-third, eighteen hundred and ninety-four, is hereby extended from five years to ten years thereafter; and the said Act is so amended that instead of five years it shall read ten years. Approved, January 8, 1897. Vol. 28, p. 118. CHAP. 8.-An Act To refer the claim of the owners of the brig Tally-Ho to the Court of Claims. January 9, 1897. Brig "Tally-Ho." Claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claim of the legal owners of the brig Tally-Ho, her cargo and freight, and of personal referred to Court of effects on board her, alleged to have been sunk by a collision with the United States steam vessel of war Pinta, on or about the third day of October, eighteen hundred and eighty-three, be referred to the Court of Claims, to hear and determine the same to judgment, notwithstanding the lapse of time, with right of appeal as in other cases. Use of evidence on file. Whereas the legal owners of said brig, cargo, freight, and personal effects, or some of them, did, on the twenty-ninth day of July, eighteen hundred and eighty-four, file in said Court of Claims, in the case referred to said court by the Secretary of the Navy, and then numbered on the docket of said court departmental case numbered sixteen, their petition setting forth their losses by said collision; and whereas evidence has been taken upon said petition, both by said petitioners and by the United States, and said evidence has been filed in said court, the claim above referred to said court may be heard and determined by said court upon said petition already filed therein; and the said evidence already taken and filed by either party upon said petition may be used and referred to in said hearing and determination of said claim in all respects as if originally taken and filed for the purposes of the hearing and determination thereof provided for by this Act, with the right of Appeal. either party to appeal to the Supreme Court of the United States. Approved, January 9, 1897. CHAP. 9.-An Act To amend chapter one hundred and eleven of the Acts of the third session of the Fifty-third Congress. January 9, 1897. Public building. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter one hundred and eleven of the Acts of the third session, Fifty-third Congress, is hereby amended by striking out the first proviso therein and inserting the following: "Provided, That the site shall leave the building unexposed Open space reduced. to danger from fire in adjacent buildings by an open space of not less than forty feet, including streets and alleys." Approved, January 9, 1897. Vol. 28, p. 676. January 13, 1897. Public lands. Reservoir sites for CHAP. 11.-An Act Providing for the location and purchase of public lands for reservoir sites. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person, live-stock live stock authorized. company, or transportation corporation engaged in breeding, grazing, driving, or transporting live stock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such live stock, and shall have control of such reservoir, under regulations prescribed by the Secretary of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and sixty acres, so long as such reservoir is maintained and water kept therein for such purposes: Provided, That such reservoir shall not be fenced and shall be open to the free use of any person desiring to water animals of any kind. Proviso. Statement required. Surveys, etc., quired. re SEC. 2. That any person, live-stock company, or corporation desiring to avail themselves of the provisions of this Act shall file a declaratory statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reservoir is to be or has been constructed; shall state what business such corporation is engaged in; specify the capacity of the reservoir in gallons, and whether such company, person, or corporation has filed upon other reservoir sites within the same county; and if so, how many. SEC. 3. That at any time after the completion of such reservoir or reservoirs which, if not completed at the date of the passage of this Act, shall be constructed and completed within two years after filing such declaratory statement, such person, company, or corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land office in the district in which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the register and receiver of said United States land office to the Secretary of the Interior and Land reserved from approved by him, and thereafter such land shall be reserved from sale by the Secretary of the Interior so long as such reservoir is kept in repair and water kept therein. sale. Amendment, etc. January 13, 1897. Bridge across Caddo Lake, Mooringsport, La., by Kansas City Shreveport and Gulf Railway Company, ap. proved. Lawful structure and post route. Postal telegraph. SEC. 4. That Congress may at any time amend, alter, or repeal this Act. Approved, January 13, 1897. CHAP. 12.-An Act To approve and ratify the construction of a bridge over and across Caddo Lake, at Mooringsport, Louisiana, by the Kansas City, Shreveport and Gulf Railway Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the construction by the Kansas City, Shreveport and Gulf Railway Company, a corporation duly organized under the laws of the State of Louisiana, of the bridge over Caddo Lake, at the village of Mooringsport, Louisiana, be, and the same hereby is, approved and ratified, subject to the stipulations and conditions hereinafter set forth. SEC. 2. That said bridge, so long as maintained according to the limitations of this Act, shall be a lawful structure, and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upou which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over the same, than the rate per mile paid for their transportation over the railroads leading to said bridge, 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 a postal telegraph. Secretary of War to approve changes, etc. SEC. 3. That said bridge shall be under and subject to such regulations for the security of the navigation of said lake as the Secretary of War shall prescribe, and the present plan and structure of said bridge shall not be altered or changed except by consent of the Secretary of War, and with his approval of the proposed change or alteration; and to secure that object the said company or corporation shall submit to the Secretary of War, for file, a design and drawings of said bridge and a map of the location, prepared with reference to a known datum plane, upon prescribed scale, furnished by the engineer officer having supervision of said lake, giving, for the space of one mile above and one mile below the location of the bridge, the topography of the banks of the lake, with shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject: Provided, That any change or alteration in the said bridge which the Secretary changes. of War may deem necessary in the interest of navigation shall be made by the said railroad company at its own expense: Provided, also, That said bridge shall be so kept and managed by the company owning or operating it as to afford during the periods at which the lake is navigable proper ways and means for the passage through or under it of vessels, barges, or rafts, both by day and by night; and during the periods at which the lake is navigable there shall be displayed on said bridge from sunset to sunrise such lights and signals as may be directed by the Light-House Board. 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 railway trains over the same, and over the approaches thereto, 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 one 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 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. SEC. 5. That Congress reserves the right to alter, amend, or repeal this Act at any time. Approved, January 13, 1897. Provisos. of Aids to navigation. Lights, etc. Use by other compa nies. Compensation. Amendment, etc. CHAP. 13.—An Act Authorizing the Kansas City, Watkins and Gulf Railway Company to construct and maintain a bridge across the Black River, in Louisiana. January 13, 1897. kins and Gulf Rail Louisiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Kansas City, Wat- Kansas City, Watkins and Gulf Railway Company, a corporation created and existing way Company may under and by virtue of the laws of the State of Louisiana, be, and is bridge Black River, hereby, authorized to construct and maintain a bridge across Black River, in the State of Louisiana, at such point suitable to the interests of navigation as may hereafter be selected by said railway company for crossing said river with its railroad line. Said bridge shall be constructed to provide for the passage of railway trains, and at the option of said railway company, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers, for such reasonable rates of toll as may be fixed by said railway company and approved by the Secretary of War. SEC. 2. That said 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 also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of Railway, wagon, and foot bridge. Toll. Lawful structure and post route. Postal telegraph. Proviso. Aids to navigation. Lights, etc. Changes, etc. Litigation. Proviso. Existing laws not affected. Use by other com. panies. Compensation. Secretary of War to approve plans, etc. Changes. Commencement and completion. Amendment. war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge, and 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 and its approaches for postal telegraph purposes: Provided, That the bridge herein authorized to be constructed shall be so kept and managed by the company owning or operating it as to afford proper ways and means for the passage through or under it of vessels, barges, or rafts at all times, both by day and by night; and there shall be displayed on said bridge, from sunset to sunrise, such lights and signals as the Light-House Board shall prescribe. SEC. 3. That if said bridge, erected and maintained under the authority of this Act, shall at any time substantially or materially obstruct the free navigation of said river or shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction, and such alteration shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, the case may be brought in the district court of the United States in the State of Louisiana in which any portion of said obstruction or bridge may be located: Provided, That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or to exempt said bridge from the operation of the same. 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 railway trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; or, in case of disagreement, upon such terms and conditions as may be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest. SEC. 5. That the bridge authorized to be constructed under this Act shall be built and located under and subject to such regulations for the security of navigation of said river 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 said bridge and a map of the location, prepared with reference to a known datum plane, upon prescribed scale, furnished by the Engineer officer having supervision of said river, and giving for the space of two miles above and two miles below the proposed location of the bridge the topography of the banks of the river, with shore lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plans and location of the bridge are approved by the Secretary of War the bridge shall not be built, and should any change be made in the plan of the said bridge during the process of construction, such change shall be subject to the approval of the Secretary of War, and said structure shall be changed at the cost and expense of the owners thereof from time to time as the Secretary of War may direct, so as to preserve the free and convenient navigation of said river. 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. Approved, January 13, 1897. CHAP. 29.—An Act To reduce the cases in which the penalty of death may be inflicted. January 15, 1897. Death penalty. Life imprisonment Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where the accused is found guilty of the crime of murder or of rape under sections for murder or rape if verdict qualified. fifty-three hundred and thirty-nine or fifty-three hundred and forty-five, R. S., secs.5339, 5345, Revised Statutes, the jury may qualify their verdict by adding thereto Pp. 1036, 1038. "without capital punishment;" and whenever the jury shall return a verdict qualified as aforesaid the person convicted shall be sentenced to imprisonment at hard labor for life. Imprisonment rape. for Navy SEC. 2. That except offenses mentioned in sections fifty-three hun- life substituted for dred and thirty-two, thirteen hundred and forty-two, sixteen hundred death penalty. Exceptions. and twenty-four, fifty-three hundred and thirty-nine, and fifty-three Army and hundred and forty-five, Revised Statutes, when a person is convicted crimes, murder, and of any offense to which the punishment of death is now specifically R. S., secs. 1342, 1624, affixed by the laws of the United States, he shall be sentenced to im- 5332,539, 5345, pp. 230, prisonment at hard labor for life, and when any person is convicted of an offense to which the punishment of death, or a lesser punishment, in the discretion of the court, is affixed, the maximum punishment shall be imprisonment at hard labor for life." 275, 1036, 1038. Death penalty abol. ished. R. S., secs. 1342, 1624, SEC. 3. That the punishment of death prescribed for any offense specified by the statutes of the United States, except in sections fifty. Exceptions. three hundred and thirty-two, thirteen hundred and forty-two, sixteen 5332, 5339, 5345, pp. 230, hundred and twenty four, fifty-three hundred and thirty-nine, and fifty- 275, 1036, 1038. three hundred and forty-five, Revised Statutes, is hereby abolished, and all laws and parts of laws inconsistent with this Act are hereby repealed. Pending proceed. SEC. 4. That nothing herein contained shall apply to or in any way ings not affected. affect any proceeding or indictment now found or pending or that may be found for any offense committed before the passage of this Act, and all offenses committed before the passage of this Act shall be punished under the laws then in force: Provided, That juries may return qualified verdicts in such cases according to the provisions of section one of this lowed. Act, and the sentences shall be imposed as therein provided. SEC. 5. That any Indian who shall commit the offense of rape within the limits of any Indian reservation shall be punished by imprisonment at the discretion of the court. So much of the ninth section of chapter three hundred and forty-one of the acts of the year eighteen hundred and eighty-five as is inconsistent herewith is herewith repealed. Approved, January 15, 1897. Proviso. Punishment for rape by Indians. Limitation of State jurisdiction, etc. Vol. 23, p. 385. CHAP. 30.-An Act Approving certain acts of the legislative assembly of the Territory of New Mexico, authorizing the issue of certain bonds of said Territory, and for other purposes. January 16, 1897. New Mexico. Issues of bonds ap- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the coupon bonds and indebtedness of the Territory of New Mexico, amounting to seventy-five proved. thousand dollars, authorized by section seven of an act of the thirty- bonds. first legislative assembly of the Territory of New Mexico, entitled "An act authorizing the rebuilding of the Territorial capitol at Santa Fe, which was destroyed by fire May twelfth, eighteen hundred and ninetytwo, and to provide the necessary means therefor and a board with authority to rebuild the same," approved February fifth, eighteen hundred and ninety-five, and designated as capitol rebuilding bonds of the Territory of New Mexico; Also, the bonds and indebtedness, amounting to fifteen thousand dollars, authorized by section one of an act of the said legislative assembly of the Territory of New Mexico, entitled "An act to provide for the maintenance of the military institute at Roswell, New Mexico," approved February thirteenth, eighteen hundred and ninety-five; Roswell military institute. |