LAWS AFFECTING THE CORPS OF ENGINEERS. FORTY-FOURTH CONGRESS, FIRST SESSION, 1875-'76. CHAP. 50.-An act to suspend the sale of the jail on Judiciary Square and for other purposes. April 10, 1876. Be it enacted by the Senate and House of Representatives of the United States Sale of jail on of America in Congress assembled, That the Chief Engineer of the Army Judiciary Square be and he is hereby directed to suspend the sale of the jail on Judiciary suspended. Square in the city of Washington, and that the same be turned over to the use of the authorities of the District of Columbia, temporarily or until other jail facilities are provided, and that it shall be lawful for the courts of said District of Columbia to order the confinement of prisoners therein. Approved, April 10, 1876. CHAP. 53.-An act donating the military road running from Astoria, Oregon, to Sa Use of jail. April 11, 1876. lem, in that State, to the several counties through which it passes. Be it enacted by the Senate and House of Representatives of the United States Military road of America in Congress assembled, That the military road from Astoria to from Astoria to Salem, in the State of Oregon, constructed under the following acts of Salem, Oregon, donated to counCongress, to wit, acts approved February seventeenth, eighteen hundred ties. and fifty-five; March second, eighteen hundred and fifty-seven; and June fourteenth, eighteen hundred and fifty-eight, be, and the same is hereby, donated to the several counties in said State through which it runs, to wit, Clatsop, Washington, Yam Hill, and Polk, to each such portion as runs through it; said counties hereafter to own and control the same; and such road is hereby abandoned as a military road. Approved, April 11, 1876. CHAP. 93. An act to relinquish the interests of the United States in certain lands 1855, ch. 104, 10 Stat., 608. 1857, ch. 61, 11 Stat., 168. 1858, ch. 161, 11 Stat., 337. May 9, 1876. Francisco. to the city and county of San Francisco, in the State of California. Be it enacted by the Senate and House of Representatives of the United States Part of Presidio of America in Congress assembled, That all the right and title of the reservation relinUnited States to the following-described portion of the military reser- quished to San vation known as the Presidio, or Fort Point reservation, situated in the city and county of San Francisco, State of California, be, and the same are hereby, relinquished to the said city and county, and its successors, assigns, and vendees, for the benefit of persons who, if the said land had not been reserved for public use, would have been entitled thereto under the ordinances numbered eight hundred, of the city of San Francisco, ratified by act of the legislature of said State, approved on the twentyseventh day of March, eighteen hundred and sixty-eight, entitled "An act to confirm a certain order passed by the board of supervisors of the city of San Francisco," relating to these premises, and being more particularly described as follows: Commencing at the southeasterly Description. corner of the said Presidio, or Fort Point reservation, and thence running in a direct line due north to the shore-line of the Bay of San Francisco; thence westerly along the said shore-line to a point eighty Streets. Provise. Provise. June 20, 1876. Appropriation. Repair of fortifications. Torpedoes. feet west of the easterly line of the said Presidio, or Fort Point reservation, as established by the United States authorities, said eighty feet being relinquished for a public highway, or street, named Lyon street; thence southerly to a point on the southerly line of said reservation, where the west line of Lyon street intersects said line; thence easterly to the point of commencement, to conform as near as possible to the plan of the city-map of streets of San Francisco outside of reservation, said plan being now on file in the office of the War Department of the city of Washington: Provided, That Lyon street shall be extended to the Bay of San Francisco eighty feet wide, and is hereby dedicated for a public highway and street forever: Provided further, That Broadway, Vallejo, Green, Union, Filbert, Greenwich, Lombard, Chestnut, Francisco, Bay, North Point, Jefferson, Tonquin, and Lewis streets as laid down on the official map of the city and county of San Francisco, be extended westerly to intersect the easterly line of Lyon street as herein provided, be, and are hereby, dedicated as public highways and streets forever. Approved, May 9, 1876. CHAP. 135.-An act making appropriations for fortifications and for other works of defense, and for the armament thereof, for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, 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 sum of one hundred thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the protection, preservation, and repair of fortifications and other works of defense, for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven; the same to be expended under the direction of the Secretary of War; also the following for armament of fortifications, namely: For the armament of sea-coast fortifications, including heavy guns, Armament of Gatling guns, and howitzers for flank defense, carriages, projectiles, fortifications. fuzes, powder and implements, their trial and proof, and all necessary expenses incident thereto, one hundred and sixty-five thousand dollars. For torpedoes for harbor defenses, and preservation of the same, and for torpedo experiments in their application to harbor and land defense, and for instruction of engineer battalion in their preparation and application, fifty thousand dollars: Provided, That the money herein appropriated for torpedoes shall only be used in the establishment and maintenance of torpedoes to be operated from shore-stations for the destruction of an enemy's vessel approaching the shore or entering the channel and fairways of harbors. Proviso. June 30, 1876. Use of unex pended balances of year 1876, during ten days from June 30, 1876. Post. pp. 78, 95, 122, 131, 168. * Approved, June 20, 1876. CHAP. 157.-An act to provide temporarily for the expenditures of the Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for a period not exceeding ten days from and after the thirtieth day of June, eighteen hundred and seventy-six, unless the regular appropriations shall have been previously made for the service of the fiscal year ending the thirtieth day of June, eighteen hundred and seventy-seven, it shall be lawful to use for the necessary service of the Government, any unexpended balance which may exist of the appropriations made for the service of the fiscal year ending June thirtieth, eighteen hundred and seventy-six; and in case no sufficient balance remains at the conclusion of the fiscal year ending June thirtieth, eighteen hundred and seventy six to the credit of any appropriation, the necessary amount is hereby appropriated out of any Appropriation. money in the Treasury not otherwise appropriated, and no greater amount shall be expended under this act than such proportional sum of the apLimit of ex-propriations of the fiscal year ending June thirtieth, eighteen hundred penditure. and seventy-six, as ten days time bears to the whole of said fiscal year and such expenditure shall be only for the necessary operations of th Government under existing laws. All sums expended under this act Expenditure shall be charged to, and be deducted from, the appropriations for like charged to appro- service for the fiscal year ending June thirtieth, eighteen hundred and priation for year ending June 30, seventy-seven. 1877. Approved, June 30, 1876. CHAP. 169-An act to authorize the construction of a ponton-bridge across the Mis. sissippi River from some feasible point in La Crosse County, in the State of Wisconsin, to some feasible point in Houston County, in the State of Minnesota. July 6, 1876. La Crosse. How to be built. Be it enacted by the Senate and House of Representatives of the United Pile and ponStates of America in Congress assembled, That it shall be lawful for the ton bridge may city of La Crosse to construct a pile and ponton bridge across the Mis- be built by city of sissippi River at some feasible point in La Crosse County in the State of Wisconsin, so as to connect with the opposite shore of. the said river, in the State of Minnesota; said bridge to be built subject, except as herein modified, to all the terms, requirements, and limitations contained in the act entitled "An act to legalize and establish a ponton-railwaybridge across the Mississippi River at Prairie du Chien, and to authorize the construction of a similar bridge at or near Clinton, Iowa," approved 1874, ch. 224, 18 June sixth, eighteen hundred and seventy-four, so far as they may be Stat., 62. applicable thereto. Width of pon of War. SEC. 2. That the bridge shall be constructed with one suitable ponton-draw of not less than four hundred feet in width, located over the ton-draw. main channel of the river: Provided, That said bridge shall not be built or commenced until the plan and specifications for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and the location of said bridge; and if any change Approval of be made in the plan of construction of said bridge at any time, such plan by Secretary change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge that Changes in conmay be directed at any time by Congress or the Secretary of War shall struction. be made at the cost and expense of the owners thereof: And provided further, That the right is hereby reserved to Congress to alter amend Right to alter, or repeal this act; and in case of the repeal of this act, the bridge shall amend, or repeal. be removed without expense to the United States, and if this act be amended any change or alteration required of the bridge shall be without cost to the United States. Approved, July 6, 1876. Alterations without cost to United States. CHAP. 172.—An act authorizing the Nebraska City Bridge Company to construct a ponton railway-bridge across the Missouri River at Nebraska City in Otoe County, Nebraska. July 8, 1876. Width of draw. Be it enacted by the Senate and House of Representatives of the United Ponton railwayStates of America in Congress assembled, That it shall be lawful for the transit and wag. Nebraska City Bridge Company, a corporation having authority from on bridge at Nebraska City. the State of Nebraska and from the State of Iowa, its successors and assigns, to build, maintain, and operate a ponton railway-transit and wagon-bridge across the Missouri River at Nebraska City, in the county of Otoe, and State of Nebraska; and said company, its successors or assigns, shall keep up and maintain a suitable ponton-draw of not less than three hundred feet in length; and that said draw shall be opened Opening of promptly, upon reasonable signal, for the passage of boats or rafts; but draw. in no case shall unreasonable delay occur in the opening of said draw before or after the passage of trains; and the company, corporation, or individuals having the charge or control of said bridge shall, for the security of navigation, maintain, from sunset to sunrise, throughout the year, such lights on said bridge as may be required by the Light-House Board. Lights on bridge. Use of bridge SEC. 2. That all railway-companies desiring to use said ponton-bridge shall have, and be entitled to, equal rights and privileges in the use of by railway comthe same, and in the use of the machinery and fixtures thereof, and of panies. all approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allega tions and proofs of the parties in case they shall not agree; and the United States shall have the right of way for postal and telegraphic Right of way purposes across said bridge; and no greater charge shall be made for for postal and telthe transmission over the same of the mails, the troops, and munitions egraphic pur. of war of the United States than the rate per mile paid for the trans- Charge for portation over the railroads or public highways leading to said bridge; mails and troops. and in case of any litigation arising from any obstruction, or alleged Suits for obobstruction, to the navigation of the said Missouri River, created by struction of river. the construction of said bridge under this act, the cause or question arising may be tried before the district or circuit court of the United Where triable. States of any State wherein the obstruction exists. poses. Amendment of SEC. 3. That the right to alter or amend this act so as to prevent or act without liabil- remove all material obstructions to the navigation of said Missouri ity for damages. River is hereby expressly reserved, without any liability to 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 construcAlterations tion of said ponton-bridge, such change shall be subject to the approval to ap of the Secretary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress Alterations, or the Secretary of War shall be at the cost and expense of the owners thereof. Said bridge shall be constructed, as near as may be practicable, upon the line heretofore surveyed and established by the Nebraska City Bridge Company. subject proval. when to be made. Location. Regulations for SEC. 4. That any bridge authorized to be constructed under this act security of navi- shall be built and located under and subject to such regulations for the gation. 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 Plans of con- design and drawings of the bridge, and a map of the location, giving, struction, etc., to for the space of one mile above and one mile below the proposed locabe submitted. tion, the topography of the banks of the river, the 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 Bridge not to the subject; and until the said plan and location of the bridge are apbe built till plan proved by the Secretary of War, the bridge shall not be built. submitted. July 10, 1876. Extension of Approved, July 8, 1876. CHAP. 177.-An act to continue the provisions of an act entitled "An act to provide temporarily for the expenditures of the Government," &c., &c. Be it enacted by the Senate and House of Representatives of the United appropriation for States of America in Congress assembled, That the provisions of an act ten days. entitled "An act to provide temporarily for the expenditures of the Government" approved June thirtieth, eighteen hundred and seventysix be, and the same are hereby, extended and continued in full force and effect for the period of ten days from and after the tenth day of July, eighteen hundred and seventy-six, and no longer. Approved July 10, 1876. Ante, p. 65. 131, 168. July 19, 1876. Commissioners CHAP. 213.-An act authorizing the repavement of Pennsylvania avenue. Be it enacted by the Senate and House of Representatives of the United for paving Penn- States of America in Congress assembled, That the President of the United sylvania avenue. States be, and he is hereby, directed to detail General H. G. Wright and General Q. A. Gilmore, of the Engineer Corps of the Army, who, with Edward Clark, of Washington, District of Columbia, shall form a commission, whose duty shall be to select and determine the best kind of pavement to be used in paving Pennsylvania avenue and all intersections of streets, and avenues, and alleys crossing the same, including the triangular spaces directly connecting with the Pennsylvania-avenue pavement, abutting on parts of squares numbered two hundred and fifty-four, two hundred and fifty-six, three hundred and twenty-three, three hundred and forty-eight, and four hundred and eight, but not including the side-walks; and to have said thoroughfare paved therewith from the northwest gate of the Capitol-grounds, to and including the crossing of Fifteenth street west, with such a pavement as they, or a majority of the said commission, may agree upon. Organization. SEC. 2. That within ten days after the passage of this act, or as soon thereafter as may be, the commission named herein shall meet and organize by the election of a president and secretary from among their number, and shall proceed to perform the duties herein imposed upon them; Notice for pro- and as soon as practicable, they shall give notice for one week, in a daily posals. paper published in each of the cities of Washington, Philadelphia and New York, for proposals, with full specifications, for paving said avenue: Provided, That said pavement shall be of the best material laid in the Contractor's most substantial manner, and without unnecessary delay; and that a good and sufficient bond to the United States, with sureties, to be ap Pavement. bond. |