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Toll.

Lawful structure and post route.

in the State of Louisiana. Said bridge shall be constructed to provide for the passage of railway trains and, at the option of the 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 limitatious 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 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 Aids to navigation. 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.

Postal telegraph.

Proviso.

Lights, etc.

Unobstructed navi

gation.

Litigation.

Proviso.

Existing laws not affected.

Use by other companies.

Compensation.

Secretary of War to approve plans, etc.

Changes.

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 for the western district of Louisiana: 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 the approaches thereto upon payment of a reasonable compensation for such use; or, in case of disagreement, upon such terms and conditions as shall 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.

Commencement and

completion.

SEC. 7. That the right to alter, amend, or repeal this Act is hereby Amendment, etc. expressly reserved.

Approved, January 26, 1897.

CHAP. 94.-An Act To incorporate the Convention of American Instructors of the Deaf.

January 26, 1897.

Convention of

American Instructors

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Edward M. Gallaudet, of Washington, in the District of Columbia; Francis D. Clarke, of Flint, of the Deaf, incorpoin the State of Michigan; S. Tefft Walker, of Jacksonville, in the State rated. of Illinois; James L. Smith, of Faribault, in the State of Minnesota; Sarah Fuller, of Boston, in the State of Massachusetts; David C. Dudley, of Colorado Springs, in the State of Colorado, and John R. Dobyns, of Jackson, in the State of Mississippi, officers and members of the Convention of American Instructors of the Deaf, and their associates and successors be, and they are hereby, incorporated and made a body politic and corporate in the District of Columbia by the name of the "Convention of American Instructors of the Deaf," for the promotion Object. of the education of the deaf on the broadest, most advanced, and practical lines; and by that name it may sue and be sued, plead and be impleaded in any court of law or equity, and may have and use a common seal and change the same at pleasure.

SEC. 2. That the said corporation shall have the power to take and hold personal estate and such real estate as shall be necessary and proper for the promotion of the educational and benevolent purposes of said corporation, which shall not be divided among the members of the corporation, but shall descend to their successors for the promotion of the objects aforesaid.

Powers.

Constitution, etc.

Proviso.
Restriction.

port.

SEC. 3. That said corporation shall have a constitution and regula tions or by-laws, and shall have power to amend the same at pleasure: Provided, That such constitution and regulations or by-laws do not conflict with the laws of the United States or of any State. SEC. 4. That said association may hold its meetings in such places Meetings and as said incorporators shall determine, and shall report to Congress, through the president of the Columbia Institution for the Deaf and Dumb at Washington, District of Columbia, such portions of its proceedings and transactions as its officers shall deem to be of general public interest and value concerning the education of the deaf. Approved, January 26, 1897.

re

CHAP. 95.-An Act To enable the town of Flagstaff, in the Territory of Arizona, to issue bonds to construct a water system.

January 26, 1897.

Flagstaff, Ariz.
Issue of bonds au-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the town of Flagstaff, in the Territory of Arizona, by its mayor and common council, is hereby thorized for water sysenabled to issue bonds of the said town, not to exceed sixty-five thou- tem. sand dollars in amount, payable within thirty years from the date thereof, in lawful money of the United States of America, and to bear interest at not to exceed six per centum per annum, interest payable semiannually, the proceeds of the sale of said bonds, which shall not be sold at less than par, to be used exclusively in the construction of a

Surety bond required.

Issue to be voted upon.

water system for the said town of Flagstaff; that before said bonds are sold at least thirty days' notice shall be given by publication in one or more newspapers of general circulation, asking for bids for the purchase of said bonds at not less than par.

SEC. 2. That at the time said bonds are ready to be issued by the mayor and common council of the said town of Flagstaff the city treasurer of said town of Flagstaff, in whose custody the said bonds, or the proceeds of the sale thereof, shall be kept, shall be required to give an additional bond, to be approved by the mayor and common council of said town, to the said town, in not less than the value of said bonds, the proceeds of the sale thereof, in his hands, for the safe-keeping of said bonds, or the proceeds of the sale thereof, and to account for the

same.

Οι

SEC. 3. That before said bonds are issued the mayor and common council of the town of Flagstaff shall cause an election to be held, in all respects as elections are now held in said town for the election of town officers, at which election the qualified electors of said town may vote for or against the issuance of said bonds, and should one-third of the votes cast at said election be against the issuance of said bonds, then said town of Flagstaff, by its mayor and common council, shall not issue said bonds.

Approved, January 26, 1897.

bia.

January 26, 1897.

District of ColumClaims for losses by destruction of North

ern Liberty Market to be examined.

Issue of drawback certificates.

CHAP. 96.—An Act To provide for the payment of certain claims against the District of Columbia by drawback certificates.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the auditor of the supreme court of the District of Columbia is hereby empowered and directed to examine and audit for settlement all claims for property taken, injured, or destroyed by reason of the destruction or removal of the Northern Liberty Market, in the city of Washington, District of Columbia, in September, eighteen hundred and seventy-two, as also all claims for payments made for the purchase, rent, or use of any stall or privilege in said market house and for license for conducting any business therein, to the extent of the unexpired term of said purchase, rent, use, or license.

SEC. 2. That when the auditor has ascertained the amount of the loss as above described, in any case growing out of the removal or destruction of the market as aforesaid, he shall issue a drawback certificate, signed by him as auditor, to the party or parties who suffered such loss or damage, or to their legal representatives, stating the amount found to be due and on what account issued, and shall keep a registry thereof; and said drawback certificates with interest thereon at three and sixty-five one hundredths per centum per annum from SepReceivable for tember fourth, eighteen hundred and seventy-two, shall be received for arrears of taxes due the District of Columbia and unpaid on June thirtieth, eighteen hundred and ninety-five.

Interest.

arrears of taxes.

ditor.

Examination by au- SEC. 3. That said auditor shall make a tabular statement of all claims presented, the persons owning the same, and the amount found to be due on account of each; and for the purposes herein before specified said auditor shall have the power to subpoena witnesses, administer oaths, and examine witnesses under oath, and shall have full access to all of the records, books, papers, and vouchers of every kind whatso ever of the late board of public works and the District of Columbia, and shall provide, by fair and equitable rules, for the examination of the same by claimants or their attorneys. Said auditor shall give notice for the presentation of the claims hereinbefore specified in such manner as he may deem necessary, and no claim shall be audited or allowed unless presented within ninety days after the first publication of such notice; and said auditor shall make full report of all his acts

Report.

and proceedings to the Commissioners of the District of Columbia.
Said auditor shall complete his work under this Act within two years
from its passage, and be paid the necessary costs, expenses for clerical Expenses.
and other services, stationery, books, advertising, and other incidentals
under this Act, on the order of the Commissioners of the District of
Columbia on the request, in writing, of the said auditor, out of the
surplus revenues of said District: Provided, That no claim shall be
allowed, and no drawback certificate shall issue, upon such claim, until
the Commissioners of the District of Columbia shall have first approved
the same.

Approved, January 26, 1897.

Proviso.
Approval.

CHAP. 99.-An Act Authorizing the construction of a bridge across the Columbia River, in the State of Washington.

January 27, 1897.

Columbia and Red Mountain Railway

Company may bridge Columbia River, Stevens County, Wash.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the Columbia and Red Mountain Railway Company, a corporation existing under the laws of the State of Washington, to construct, maintain, and operate a railway within that State, and to its successors and assigns, to construct and maintain a bridge and approaches thereto across the Columbia River, in the State of Washington, at such point on said river in the county of Stevens as may accommodate the line of railway which said corporation may build to said point. Said bridge Railway, etc., shall be constructed to provide for the passage of railway trains, and at the option of the said corporation may be used for the passage of wagons and vehicles of all kinds, and for the transit of animals and for foot passengers, for such reasonable rates of toll as may be fixed by the Secretary of War; and the Secretary of War shall have the right from time to time to revise such rates.

bridge.

Toll.

Unobstructed navi

gation.

SEC. 2. That the said bridge shall be so constructed that a free and unobstructed passage may be secured to all water craft, rafts, or logs navigating said river at the point aforesaid. The said bridge shall be located, built, and operated under and subject to such regulations for the securing of the navigation of said river, and such requirements as to location and direction of piers and spans, clear heading in high water, and clear spans at low water, as the Secretary shall prescribe; and to Secretary of War to secure that object the said company shall submit to the Secretary of approve plans, etc. War, for his examination and approval, drawings of said bridge and piers, and a map of the location, giving, for the space of one mile below and one mile above the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at ordinary high and low stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such information as shall be required for a full and satisfactory understanding of the subject; and, until the said location and plan of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be commenced or built; and should any change be made in the plan of such bridge during the progress of construction or after completion thereof, such change shall be subject to the approval of the Secretary of War: Provided, That the persons or corporation owning said bridge shall maintain, at their own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.

SEC. 3. That the bridge authorized to be constructed under this Act 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, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile paid for their transmission over the railroads leading to said bridge; and the United States shall have

Proviso.
Lights, etc.

Lawful structure and post route.

etc.

Postal telegraph, the right of way across said bridge and its approaches for postal-telegraph purposes, and all telegraph or telephone companies shall have equal rights.

Use by other companies.

Compensation.

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 to the owners of said bridge, and should the several railroad companies, or any one of them, desiring such use, 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 parTelephone and tele- ties; and all telephone and telegraph companies shall have equal rights and privileges in constructing and operating their lines across said bridge.

graph companies.

Commencement and completion.

Changes.

Amendment, etc.

SEC. 5. 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. 6. That such alterations or changes as may be required by the Secretary of War or Congress in the bridge constructed under the provisions of this Act shall be made by the said railroad company at its own expense, and at any time after the completion of the bridge; and the right to alter, amend, or repeal this Act is hereby expressly reserved; and the right to require the entire removal of the bridge constructed under the provisions of this Act, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved.

Approved, January 27, 1897.

January 28, 1897.

Audrain County, Mo.

CHAP. 106.-An Act To detach the county of Audrain from the western district of Missouri and to attach the same to the eastern district of said State of Missouri.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the county of Audrain, from in the State of Missouri, be, and the same is hereby, detached from the western to eastern ju- western judicial district of the State of Missouri and attached to the eastern judicial district of said State of Missouri.

Transferred

dicial district.

Vol. 25, p. 498.

Process, etc.

Pending suits.

SEC. 2. That all process, civil and criminal, hereafter issued against persons residing in said county of Audrain shall be made returnable to the courts held at Saint Louis, in the State of Missouri, and all suits and prosecutions now pending in the circuit or district courts of the United States against persons residing in the said county of Audrain, at Jefferson City, in said State of Missouri, shall be determined in said courts.

Approved, January 28, 1897.

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CHAP. 108.-An Act To authorize the Muskogee, Oklahoma and Western Railroad Company to construct and operate a line of railway through Oklahoma and the Indian Territory, 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 Muskogee, Oklahoma and Western Railroad Company, a corporation created and existing under the laws of the Territory of Oklahoma, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway, telegraph, and telephone line through the Indian allotments in severalty in the Territory of Oklahoma along such line or route as may be granted it by the laws thereof, and through the Indian Territory, beginning at a point on the northern line of the Creek Nation, Indian Territory, at or near the mouth

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