April 26, 1890. Site. Limit of cost. No site purchased until estimates ap proved, etc. CHAP. 162.—An act for the erection of a public building at Galesburgh, Illinois. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Galesburgh, Ill. of the Treasury be, and he is hereby, authorized and directed to Public building. purchase, acquire by condemnation, or otherwise provide a site, and cause to be erected thereon a substantial and commodious building, Building. with fire-proof vaults, for the use and accommodation of the postoffice, and for other Government uses at the city of Galesburgh, Illinois. The site and building thereon, when completed upon plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed in cost the sum of seventy-five thousand dollars; nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance of the sum herein limited after the site shall been purchased and paid for, shall have been approved by Limitation on apthe Secretary of the Treasury; and no purchase of site, nor plan for said building, shall be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of seventy-five thousand dollars for site and building; and the site purchased shall leave the building unexposed to danger from fire by an open space of at least forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until a valid title to the said site shall be vested in the United States, nor until the State of Illinois shall cede to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof for all purposes except the administration of the criminal laws of said State and the service of civil process therein. Approved, April 26, 1890. CHAP. 163-An act for the construction of a railroad and wagon bridge across the Mississippi River at South Saint Paul, Minnesota. proval. Open space. Proviso. No expenditure until valid title and juris diction pass. April 26, 1890. South St. Paul Belt Railroad Company Paul, Minn. Post. p. 788. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the South Saint Paul Belt Railroad Company, its successors and assigns, be, may bridge Mississippi and they are hereby, authorized to construct and maintain, at a point River at South Saint suitable to the interest of navigation, a railroad bridge or a combined railroad, wagon, and foot-passenger bridge across the Mississippi River, from a suitable point on its west bank, at or near the city of South Saint Paul, in the State of Minnesota, and within the limits of section thirty-five, township twenty-eight, range twenty-two west, to a corresponding point on its west bank, and to lay on or over said bridge a railroad track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river, on either or both sides thereof, at or opposite said places, under the limitations and conditions hereinafter provided; that said bridge shall not interfere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, or damage resulting from the same, the cause may be tried before the circuit court Litigation. of the United States in and for any district in which any portion of said bridge or obstruction touches; said bridge may, at the option of the company building the same, be constructed to provide for the passage of railroad trains alone or for the passage of railroad trains Free navigation. and for the safe passage of wagons and vehicles of all kinds, for the Railway, wagon, and transit of animals, and for foot-passengers, all for such reasonable foot bridge. rates of toll as may be fixed from time to time by the Secretary of Tolls. War. Pivot draw. Spans. Width. SEC. 2. That any bridge built under the provisions of this act shall be constructed as a pivot draw-bridge with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of waterway of not less than two hundred feet on each side of the central or pivot pier of the draw, and the span or spans adjoining the draw shall give such clear width of water-way as in the opinion of the Secretary of War are required by the interests of navigation, and said spans shall give a clear headroom of not less than ten feet above extreme high water-mark; and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected: And provided also, That said draw shall be operated Opening of draw, by steam or other reliable mechanical power and shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw; but in no case shall unnecessary lay occur in opening the said draw during or after the passage of trains. Height, Proviso. etc. Lawful structure and post-route. Postal telegraph. Use by other companies. Terms. Secretary of Warto approve plans, etc. de SEC. 3. That any bridge constructed under this act and according to its limitations shall be a lawful structure and shall be known as a post-route, and the same is hereby declared to be 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, or for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and the United States shall have the right of way for postal telegraph purposes across said bridge. SEC. 4. That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the pas sage of the same, and in the use of the fixtures and machinery thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in case they shall not agree. SEC. 5. That the structure herein authorized shall be built and located under and subject to such regulations for the security of the 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 examination and approval a design and drawing of the bridge and a map of the location, giving, for the space of 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 and strength 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 shall be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are decided by the Secretary of War to be such as will not materially affect the interests of navigation the bridge shall not be commenced or built. And should any change be made in the plan of said bridge during the progress of construction such changes shall be subject to the approval of the Secretary of War; and the Aids to navigation. said bridge shall be constructed with such aids to the passage of said bridge in the form of booms, dikes, piers or other suitable and proper structures for confining the flow of water to a permanent channel for a distance of not less than one mile above the bridge and for a proper distance below, and for the guiding of rafts, steamboats, and other water-crafts safely through the draw and raft spans as the Secretary of War shall prescribe and order to be constructed and maintained at the expense of the company owning said bridge; and the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing Water stage record. at night there shall be displayed on said bridge, from the hours of Charter subject to revocation, etc. SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment. expressly reserved. SEC. 7. 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 approval of this act. Approved, April 26, 1890. CHAP. 164.-An act to increase the appropriation for the erection of a public building at Troy, New York. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public building by the United States Government at Troy, New York, be, and the same is hereby, increased to five hundred thousand dollars, and that sum is hereby fixed as the limit of cost for the erection of said building and for the payment for the site thereof. SEC. 2. That the provisions of existing law relating to said building be so amended as to require an open space not less than twenty feet in lieu of forty feet, as provided by the act of February fourteenth, eighteen hundred and eighty-five. Approved, April 26, 1890. CHAP. 165.-An act to regulate the sitting of the courts of the United States within the District of South Carolina. Commencement and completion. Post, p. 788. April 26, 1890. Troy, N. Y. Open space reduced. Vol. 23, p. 304. April 26, 1890. South Carolina ju Circuit court terms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall dicial district. be four regular terms of the circuit court of the United States for the district of South Carolina in each year, as follows: In the city of Greenville, on the first Monday in February and on the first Monday in August; in the city of Charleston, on the first Monday in April, and in the city of Columbia on the fourth Monday in November; and that the cases upon the calendars of said court not disposed Pending causes. of at any term may be called and disposed of by trial or otherwise at the succeeding term thereof. SEC. 2. That the office of the clerk of said court shall be kept in the cities of Charleston and of Greenville, and the Clerk shall reside in one of the said cities and shall have a deputy in the other.. SEC. 3. That the regular terms of the district courts in the eastern district of South Carolina shall be held each year in the city of Charleston on the first Monday of January, the first Monday in April, and the first Monday of July; in the city of Columbia on the fourth Monday in November. Circuit court clerk etc. terms of district. courts. Eastern district. R. S., sec., 572, p. 101, amended. Western district. SEC. 4. That the regular terms of the district court in the western . District court clerk, etc. Repealing clause. SEC. 5. That the office of the clerk of the district court shall be kept in the city of Greenville, and also in the city of Charleston, and the clerk shall reside in one of said cities, and shall have a deputy in the other, SEC. 6. That all acts and parts of acts inconsistent with this act are hereby repealed. Approved, April 26, 1890. April 26, 1890. Scranton, Pa. Public building. amended. CHAP. 166. An act to amend an act entitled "An act to authorize the purchase of a site and the erection of a suitable building for a post-office and other Government offices in the city of Scranton, Pennsylvania," approved July twenty-seventh, eighteen hundred and eighty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount Vol. 22, p. 177, heretofore fixed as the limit of cost for the purchase of a site and the erection of a suitable building for a post-office and other Government offices in the city of Scranton, Pennsylvania, be, and the same is hereby, increased to two hundred and fifty thousand dollars; Limit of cost in and that sum is hereby fixed as the limit of cost for site and building. Approved, April 26, 1890. creased, April 26, 1890. CHAP. 167.-An act providing the terms and places of holding the courts of the United States in the district of Minnesota, and for other purposes. Be it enacted by the Senate and House of Representatives of the Minnesota judicial United States of America in Congress assembled, That for the purpose of holding terms of court the district of Minnesota is hereby Six divisions divided into six divisions, to be known as the first, second, third, district. constituted. First. Second. Third. Fourth. Fifth. Sixth. Removal of causes. uot local. fourth, fifth, and sixth divisions. That portion of the State of Minnesota comprising the counties of Winona, Wabasha, Olmsted, Dodge, Steele, Mower, Fillmore, and Houston, shall constitute the first division, the courts of which shall be held at Winona; the counties of Freeborn, Faribault, Martin, Jackson, Nobles, Rock, Pipestone, Murray, Cottonwood, Watonwan. Blue Earth, Waseca, Le Sueur, Nicollet, Brown, Redwood, Lyon, Lincoln, Yellow Medicine, Sibley, and Lac Qui Parle shall constitute the second division, the courts of which shall be held. at Mankato; the counties of Chicago, Washington, Ramsey, Dakota, Goodhue, Rice, and Scott shall constitute the third division, the courts of which shall be held at Saint Paul; the counties of Hennepin, Wright, Meeker, Kandiyohi, Swift, Chippewa Renville, McLeod, Carver, Anoka, Sherburne, and Isanti shall constitute the fourth division, the courts of which shall be held at Minneapolis; that the counties of Cook, Lake, Saint Louis, Itasca, Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, and Benton shall constitute the fifth division, the courts of which shall be held at Duluth; the counties of Stearns, Pope, Stevens, Big Stone, Traverse, Grant, Douglas, Todd, Otter Tail, Wilkin, Clay, Becker, Wadena, Norman, Polk, Marshall, Kittson, Beltromi and Hubbard shall constitute the sixth diyision, the courts of which shall be held at Fergus Falls. SEC. 2. That causes removed from any court in the State of Minnesota into the circuit court shall be removed to the circuit court in Suits commenced, the division in which said State court is held; and all civil suits not of a local nature must be brought in the division where the defendant or defendants reside; but, if there are two or more defendants residing in different divisions, the action may be brought in any division in which a defendant resides. That all civil process from the circuit and district courts of the United States for said district Process. of Minnesota against defendants residing or found therein, shall be returned to the place appointed for the holding of said courts in the division where such defendant resides. That if there be more than Duplicate writs, etc. one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or write to the other defendants; and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be proceeded in accordingly. Where triable. district courts. SEC 3. That all actions triable in either of the courts of said district shall be tried in the division in which the process is returnable under the provisions of this act, unless by consent of all parties the action be removed to some other division of said district. SEC. 4. That regular terms of the circuit and district courts shall Terms of circuit and be held as follows: For the first division, on the first Tuesday in June, and the first Tuesday in December; for the second division, on the third Tuesday in April and the first Tuesday in November; for the third division, on the fourth Tuesday in June and the second Tuesday in January; for the fourth division, on the first Tuesday in March and the first Tuesday in September; for the fifth division on the second Tuesday in May and the second Tuesday in October; for the sixth division on the fourth Tuesday in March and the fourth Tuesday in September. Appointment of deputy clerks. SEC. 5. That the clerks of the circuit and district courts of the district of Minnesota shall each appoint a deputy clerk at the place where their respective courts are required to be held in the division of the district in which such clerk shall not himself reside, who shall keep his office and reside at the place appointed for holding said courts in the division of such residence, and shall keep the records of said courts for such division, and in the absence of the clerk, may exercise all the official powers of the clerks within the division for which he is appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall have Subject to judicial been respectively appointed, and may be annulled by such court at its pleasure, and the clerks shall be responsible for the official acts and negligence of their respective deputies. SEC. 6. That a grand and petit jury shall be summoned for each of said terms, which petit jury shall be competent to sit and act as such jury in either or both of said courts at such terms: Provided, That the judge of district court may, in his discretion, dispense with the summoning or impaneling of more than one grand jury in each year in any of said divisions. Proviso. approval, etc. Juries. Proviso. tation. SEC. 7. That this act shall take effect and be in force from and Operation. after the first day of August, anno Domini eighteen hundred and ninėty. Approved, April 26, 1890. CHAP. 168-An act for the erection of a public building in the city of San Jose April 28, 1890. San José, Cal. site. Public building, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Treasury be, and he is hereby, authorized and directed to purchase a site for, and cause to be erected thereon a suitable building, with fire-proof vaults therein, for the accommodation of the post-office and other Government offices, at the city of San Jose, California. The plans, specifications, and full estimates for said Plans; cost. building shall be préviously made and approved according to law, and shall not exceed, for the site and building complete, the sum of two hundred thousand dollars: Provided, That the site shall leave the building unexposed to danger from fire in adjacent buildings by an open space of not less than forty feet, including streets and alleys, Proviso. Open space. |