PUBLIC ACTS OF THE FORTY-SECOND CONGRESS OF THE UNITED STATES, Passed at the Third Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the second day of December, A. D. 1872, and was adjourned without day on Tuesday the fourth day of March, A. D. 1873. ULYSSES S. GRANT, President. SCHUYLER COLFAX, Vice-President and President of the Senate. JAMES G. BLAINE, Speaker of the House of Representatives. CHAP. I.— An Act making an Appropriation for the Repairs, Furnishing, and Orna- Dec. 10, 1872. mentation of the United States Custom-house and Post-office at Bath, Maine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five thousand Appropriation dollars be, and the same is hereby, appropriated out of any money in the for custom-house and post-office, at Treasury not otherwise appropriated, for the repair, furnishing, and heat- Bath, Maine. ing of the United States custom-house and post-office at Bath, in the State of Maine, and for grading the grounds, to be expended in accordance with existing laws. APPROVED, December 10, 1872. CHAP. II. - An Act to authorize the Issuance of College Scrip to the State of Arkansas, Dec. 13, 1872. and for other Purposes. WHEREAS the State of Arkansas has complied with all the provisions and requirements of an act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two, and other acts amendatory thereto Therefore, : Preamble. 1862, ch. 130, 503. vol. xii. vol. xiv. p. 208. 1868, ch. 256, vol. xv. p. 227. 1870, ch. 81. vol. xvi. p. 116. College scrip to State of Arkansas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Department of the Interior be, and he is hereby, authorized and directed be issued to the to issue at once, and deliver to the secretary of the State of Arkansas, and to the Florthe full amount of college scrip, to wit, one hundred and fifty thousand ida State Agriacres, and ninety thousand acres to the secretary of the board of trustees cultural College. of the Florida State Agricultural College of the State of Florida, as provided for in said act, to be used and appropriated to and for the purposes and objects in said act specified, and none other: Provided, That no scrip as aforesaid shall be delivered to the authorities of the State of Arkansas until said State shall have made some satisfactory kansas to first arrangement by which the bonds of said State, principal and interest, now bonds. held by the United States as Indian trust funds, shall be funded in new bonds authorized to be issued by said State for this purpose. State of Ar fund certain old which the State of Indiana may SEC. 2. That the time within which the State of Indiana may comply Time within with the provisions of the act of July twenty-third, eighteen hundred and sixty-six, entitled "An act to amend the fifth section of an act entitled 1866, ch. 209. Vol. xiv. p. 208. provide an agri-An act donating public lands to the several States and Territories which cultural college, extended. may provide colleges for the benefit of agriculture and the mechanic arts,' approved July second, eighteen hundred and sixty-two, so as to extend the time within which the provisions of said act shall be accepted and such colleges established," is hereby extended so that the State of Indiana shall have the period of two years after the first day of July, eighteen hundred and seventy-two, within which to provide at least one college, as described in the fourth section of an act entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, eighteen hundred and sixty-two. Dec. 17, 1872. Bridges across the Ohio river authorized. the Ohio river below. Bridge authorized across the Ohio river at Wheeling, West Virginia. APPROVED, December 13, 1872. CHAP. IV. — An Act to authorize the Construction of Bridges across the Ohio River, and to prescribe the Dimensions of the same. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any persons or corporations, having lawful authority therefor, may hereafter erect bridges across the Ohio river, for railroad or other uses, upon compliance with the provisions and requirements of this act. Construction of SEC. 2. That every bridge hereafter erected across the Ohio river, bridges across above the mouth of the Big Sandy, shall have at least one span of a above the mouth height of not less than ninety feet above low water, and of not less than of the Big Sandy; forty feet above local highest water, measured to the bottom chord of the bridge; that every bridge hereafter erected across the Ohio river below the mouth of the Big Sandy, shall have at least one span of a height of not less than one hundred feet above low water, and of not less than forty feet above highest water, measured to the bottom chord of the bridge; that this high span shall give a clear opening of at least four hundred feet between the piers, measured at right angles to the current at every stage, and that it shall be placed over the main channel of the river used by boats during ordinary stages of water: Provided, however, That any one company, lawfully authorized by the States of West Virginia and Ohio, is hereby authorized to construct a bridge across the Ohio river, from the city of Wheeling, in the State of West Virginia, to the opposite side of said river within the State of Ohio, with a span over the main channel of not less than three hundred and fifty feet in length, and in all other respects conformable and subject to the provisions of this act, so far as the same are applicable to bridges about the mouth of the Big Sandy: And provided, That in case this high span is not over the low-water channel, suitable arrangements be made elsewhere to permit the passage of single boats under the bridge at low water; that all bridges over the Ohio river, below the Covington and Cincinnati suspension bridge, shall have, in addition to the high span prescribed above, a pivot-draw, giving two clear openings of one hundred and sixty feet each, measured at right angles to the current at the average stage of water in the river, and located in a part of the bridge that can be safely and conveniently reached at that stage; and that said draw shall be opened promptly, upon reasonable signal, for the passage of boats, whose construction shall not be such as to admit of their passage under the stationary spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw before or after the passage of trains. Passage of single boats. Bridges below the Covington and Cincinnati suspension bridge. Draws. Piers. Ripraps, &c. SEC. 3. That the piers of the high span and the piers of the draw shall be built parallel with the current at that stage of the river which is most important for navigation; and that no ripraps or other outside protection for imperfect foundation will be permitted in the channel-way of the high span, or of the draw openings construct a to Secretary of SEC. 4. That any person, company, or corporation authorized to con- Persons, &c., struct a bridge across the Ohio river shall give notice, by publication authorized to for one week in newspapers having a wide circulation, in not less than bridge across the two newspapers in the cities of Pittsburg, Cincinnati, and Louisville, for Ohio river to bridges, above the mouth of the Big Sandy, and in the cities of Pittsburg, give what notice; Cincinnati, Louisville, Saint Louis, Memphis, and New Orleans, for bridges below the mouth of the Big Sandy, and shall submit to the to submit Secretary of War, for his examination, a design and drawings of the plans and maps bridge and piers, and a map of the location, giving, for the space of at War. least one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction of the current 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 by the Secretary of War; and if the Secretary of War is satisfied that the provisions of the law have been complied with in regard to location, the building of the piers may Building of be at once commenced; but if it shall appear that the conditions bridge may be pre- commenced if, scribed by this act cannot be complied with at the location where it is &c. desired to construct the bridge, the Secretary of War shall, after considering any remonstrances filed against the building of said bridge, and furnishing copies of such remonstrances to the board of engineers provided Provisions of for in this act, detail a board composed of three experienced officers of this act may be the corps of engineers, to examine the case, and may, on their recommen- board of engineer dation, authorize such modifications in the requirements of this act, as officers recomto location and piers, as will permit the construction of the bridge; not, however, diminishing the width of the spans contemplated by this act: Free navigaProvided, That the free navigation of the river be not materially injured tion. thereby. modified if mend. SEC. 5. That all parties owning, occupying, or operating bridges over Lights to be the Ohio river shall maintain, at their own expense, from sunset to sun- maintained on the bridges. rise throughout the year, such lights on their bridges as may be required. by the light-house board for the security of navigation; and all persons owning, occupying, or operating any bridge over the Ohio river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation. Bridges to be lawful structures and post-routes. Charges, &c. Postal tele SEC. 6. That any bridge constructed under this act, and according 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 the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and the United States shall have the right of way for postaltelegraph purposes across any such bridge; and in case of any litigation graph. arising from any obstruction or alleged obstruction to the navigation of said river, created by the construction of any bridge under this act, the cause or question arising may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Litigation. This act may SEC. 7. That the right to alter or amend this act, so as to prevent or remove all material obstructions to the navigation of said river by the be altered. future construction of bridges, is hereby expressly reserved, without any liability of the government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions; and if any change be made in the plan of construction of any bridge constructed under this act, during the progress of the work thereon or before the completion of such bridge, such change shall be subject to the approval of the Secretary of War, and any change in the construction, or any alteration of any such bridge that may Changes in tion. plans of construc Dec. 19, 1872. memory of the officers, &c., of the navy, to be brought from be directed at any time by Congress, shall be made at the cost and expense of the owners thereof. SEC. 8. That joint resolution number ten, approved April seventh, eighteen hundred and sixty-nine, authorizing the construction of a bridge over the Ohio river at Paducah, be, and the same hereby is, repealed. SEC. 9. That the provisions of an act entitled "An act to provide for the better security of life on vessels propelled in whole or in part by steam," &c., approved February twenty-eighth, eighteen hundred and seventy-one, so far as they relate to the limitation of steam pressure of steamboats used exclusively for towing and carrying freight on the Mississippi river and its tributaries, are hereby so far modified as to substitute for such boats one hundred and fifty pounds of steam pressure in place of one hundred and ten pounds, as provided in said act for the standard pressure upon standard boilers of forty-two inches diameter, and of plates of one-quarter of an inch in thickness; and such boats may, on the written permit of the supervising inspector of the district. in which such boats shall carry on their business for a period of twelve months from and after the passage of this act, be permitted to carry steam above the standard pressure of one hundred and ten pounds, but not exceeding the standard pressure of one hundred and fifty pounds to the square inch. APPROVED, December 17, 1872. CHAP. V. — An Act to fix the Salary of the Members of the Board of Health of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the members of the board of health of the District of Columbia shall be paid a salary of two thousand dollars each, annually, and the salary of the persons now constituting said board shall be paid from the date of their appointments, respectively. APPROVED, December 17, 1872. CHAP. VIII. - An Act to authorize the Secretary of the Navy to transport in a Government Vessel, free of Duty, a Monument designed by Admiral Porter to be erected in the Grounds of the Naval Academy at Annapolis, in Memory of the Officers, Seamen, and Marines of the Navy who fell in Defence of the Union. Be it enacted by the Senate and House of Representatives of the United Monument in States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized and directed to admit, free of duty, the monument designed by Admiral Porter, and now being executed in Rome by Franklin Simmons, the American sculptor, to the memory of the officers, seamen, and marines of the navy who fell in defence of the Union. And the Secretary of the Navy is hereby authorized to have the said monument conveyed to the United States in a public vessel, and landed at Annapolis, Maryland, where it is to be erected in the Naval Academy grounds. Rome in a public vessel and admitted free of duty. Dec. 24, 1872. Drawbridges may be erected APPROVED, December 19, 1872. CHAP. XII. · An Act authorizing the Construction of Railroad-bridges across the Mobile River and other navigable Streams tributary to Mobile Bay, in Accordance with the Acts of the Legislature of the State of Alabama, and to establish them as Post-roads. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and the same is hereby, given to the Mobile and Montgomery Railover the Mobile road Company to erect one or more drawbridges over the Mobile river and other navigable streams tributary to Mobile bay, in accordance with the acts of the legislature of Alabama incorporating said company: river, &c. Provided, That the said drawbridges shall be so constructed as not to Drawbridges, how to be coninterfere with the free or to materially or substantially obstruct the free structed; navigation of said streams, beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litiga- litigation, tion arising from any obstruction, or alleged obstruction, to the free navigation of said river, the cause may be tried before the district court of the United States of the State of Alabama in which any portion of said obstruction or bridges touches: And provided also, That said drawbridges to be opened shall be opened promptly, upon reasonable signal, for the passage of promptly: boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. to be lawfu structures and post-routes; charges. SEC. 2. That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and shall be known and recognized 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 the munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to said bridges. SEC. 3. That all railway companies desiring to use said bridges shall have and be entitled to equal rights and privileges in the passage of the All railroad same, and in the use of the machinery and fixtures thereof, and of all the companies to have equal rights approaches thereto, under and upon such terms and conditions as shall be to use the prescribed by the Secretary of War, upon hearing the allegations and bridges. proofs of the parties in case they shall not agree. This act may &c. SEC. 4. That the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by the construction of bridges is hereby expressly reserved; and that any bridge be altered, &c. or bridges constructed under this act shall be built under and subject to Bridges how to such regulations for the security of the navigation of said river as the be built, manSecretary of War shall prescribe; and the said bridges shall be, at all aged, changed, times, so kept and managed as to offer reasonable and proper means for the passage of vessels through and under them; and the said bridges shall be changed, at the cost and expense of the owners thereof, from time to time, as Congress may direct, so as to preserve the free and convenient navigation of said river; and the authority to erect and continue said bridges shall be subject to revocation by law whenever the public good shall, in the judgment of Congress, so require. APPROVED, December 24, 1872. CHAP. XIII. - An Act for the Reduction of Officers and Expenses of the internal Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on the first day of July, eighteen hundred and seventy-three, or at such time prior thereto, in the districts respectively, as the commissioner of internal revenue may find practicable, the offices of assessor and assistant assessor of internal revenue shall cease to exist; thereupon all duties imposed by law on assessors and assistant assessors, except as hereinafter otherwise provided, be, and the same are hereby, transferred to and imposed upon collectors of internal revenue, to be performed by them or their deputies; and that all returns and reports required by law to be made to the said assessors and assistant assessors shall be made to the said collectors, or to their deputies; and that each of said assessors shall, prior to the date aforesaid, and at the time set therefor by the commissioner of internal revenue, transfer to such revenue officer as may be designated by the commissioner of internal revenue for that purpose all books, papers, and other property belonging to the government in his possession, or in that of any of his assistant assessors, and shall file with his final account an inventory thereof in detail, with the receipt of said revenue officer thereVOL. 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