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the same to the Secretary of the Interior, who shall forthwith, on receipt of said certificate, issue to the State of Mississippi patents for said lands: Provided, That the proceeds of said lands, when sold or leased, shall be and forever remain a fund for the use of the University of Mississippi.
Approved, June 20, 1894.
CHAP. 113.-An Act Granting the use of certain lands in the Hot Springs reservation, in the State of Arkansas, to the Barry Hospital.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Barry Hospital of the eity of Hot Springs, in the State of Arkansas, a charity hospital duly organized and chartered under the laws of the State of Arkansas, the right to occupy, improve, and control, for the purpose of erecting thereon a hospital for the use and benefit of the poor, and for no other purpose whatever, any of the lots, pieces or parcels of land, situate in the county of Garland and State of Arkansas, now owned by the Government of the United States, to be selected by the Secretary of the Interior: Provided, Said hospital shall not be located on the reservation which embraces the Hot Springs: Provided, That the United States reserves to itself the fee and the right forever to resume possession and 'occupy any portion of said lands whenever in the judgment of the President the exigency arises that should require the use and appropriation of the same, or for such other disposition as Congress may determine.
Approved, June 21, 1894.
June 21, 1894.
Hot Springs, Ark. Lands donated to Barry Hospital.
CHAP. 117.-An Act Granting to the Eastern Nebraska and Gulf Railway Company right of way through the Omaha and Winnebago Indian reservations, in the State of Nebraska.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Eastern Nebraska and Gulf Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Nebraska, and its assigns, the right of way for the construction of its proposed railroad through the Omaha and Winnebago Indian reserva tions, in said State. Such right of way shall be fifty feet in width on each side of the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road material, stones, and earth necessary for the construction of said railroad; also grounds adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water station, not to exceed in amount two hundred feet in width and three thousand feet in length for each station, to the extent of two stations within the limits of said reservations.
SEC. 2. That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants, according to any treaties or laws of the United States, compensation shall be made to such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant the just compensation shall be determined as provided for by the laws of the State of Nebraska enacted for the settlement of like controversies in such cases. The amount of damage resulting to the Omaha and Winnebago tribes of Indians in their tribal capacity by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final approval; but no right of any kind shall vest in said
June 27, 1894.
Eastern Nebraska and Gulf Rail wag Company granted right of way. Omaha and Winnebago Nebr.
Damages to individ.
Damages to tribes.
Secretary of the Interior to approve location, etc.
railway company in or to any part of the right of way herein provided for until plats thereof, made upon the actual survey for the definite location of such railroad, and including grounds for station buildings, depots, machine shops, side tracks, turn-outs, and water stations shall have been approved and filed with the Secretary of the Interior, and until the compensation aforesaid shall have been fixed and paid, and the consent of the Indians on said reservation to the provisions of this Act shall have been obtained in a manner satisfactory to the President of the United States. Said company is hereby authorized to enter upon such reservation for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located, constructed, Rights of Indians, and operated with due regard to the rights of the Indians and the rules of the Secretary of the Interior: Provided further, That said railway company shall construct and maintain continually all fences, roads, and highways, crossings and necessary bridges over said railway whenever said roads and highways do now or may hereafter cross said railway's right of way or may be by the proper authorities laid out across the same: Provided further, That said railway shall be con structed through said reservations within three years after the passage of this Act, or the rights herein grauted shall be forfeited as to that portion of the road not constructed.
SEC. 3. That Congress may at any time amend, alter, or repeal this Act, and the right of way hereby granted shall not be assigned or transferred in any form whatever, except as to mortgages or other liens that may be given or secured thereon to aid in the construction thereof.
Approved, June 27, 1894.
CHAP. 118.—An Act Making Labor Day a legal holiday.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same mauner as Christmas, the first day of January, the twenty second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.
Approved, June 28, 1894.
June 29, 1894.
CHAP. 119.—An Act To incorporate the Supreme Lodge of the Knights of Pythias. Be it enacted by the Senate and House of Representatives of the United District of Colum. States of America in Congress assembled, That George B. Shaw, of the city of Eau Claire, State of Wisconsin; William W. Blackwell, of the Supreme Lodge Knights of Pythias city of Henderson, State of Kentucky; Walter B. Richie, of the city incorporated. of Lima, State of Ohio; Robert L. C. White, of the city of Nashville, State of Tennessee; Philip T. Colgrove, of the city of Hastings, State of Michigan; and Tracy R. Bangs, of the city of Grand Forks, State of North Dakota, officers and members of the Supreme Lodge Knights of Pythias, and their successors, be, and they are hereby, incorporated and made a body politic and corporate in the District of Columbia by the name of "The Supreme Lodge Knights of Pythias;" 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, and be entitled to use and exercise all the powers, rights, and privileges incidental to fraternal and benevolent corporations within the District of Columbia.
SEC. 2. That the said corporation shall have the power to take and hold real and personal estate, not exceeding in value one hundred thousand dollars, which shall not be divided among the members of
the corporation, but shall descend to their successors for the promotion of the fraternal and benevolent purposes of said corporation.
SEC. 3. That all claims, accounts, debts, things in action, or other matters of business of whatever nature now existing for or against the present Supreme Lodge Knights of Pythias, mentioned in section one of this Act, shall survive and succeed to and against the body corporate and politic hereby created: Provided, That nothing contained herein shall be construed to extend the operation of any law which provides fected. for the extinguishing of claims or contracts by limitations of time.
Time limit not af
Not to conflict with
SEC. 4. That said corporation shall have a constitution, and shall have power to amend the same at pleasure: Provided, That such constitution or amendments thereof do not conflict with the laws of the United States or of any State. SEC. 5. That said corporation shall not engage in any business for Limítation. gain; the purposes of said corporation being fraternal and benevolent. SEC. 6. That Congress may at any time amend, alter, or repeal this Act.
Approved, June 29, 1894.
CHAP. 120.-An Act To authorize the city of Hastings, Minnesota, to construct and maintain a wagon bridge over the Mississippi River.
June 29, 1894.
Hastings, Minn., may bridge Missis
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the city of Hastings, a municipal corporation existing under the laws of the State of Minnesota, sippi River. be, and is hereby, authorized to construct and maintain, at a point suitable to the interest of navigation, a wagon or a combined wagon and foot bridge and approaches thereto across the Mississippi River from a point at or near the foot of Sibley street, in the said city of Hastings, Minnesota, or at such other point in said city as the city council thereof, with the approval of the Secretary of War may direct, on the west bank to a point at or near the graded road nearly opposite on the east bank: Provided, That said bridge shall not interfere with the free navigation of said river, beyond what is necessary 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 of the United States in and for any district in which any portion of said bridge or obstruction touches.
SEC. 2. That any bridge built under this Act shall be constructed as a high bridge with a channel span giving a clear width of waterway of not less than three hundred feet and a clear head room of not less than fifty-five feet above high-water mark, and the clear head room under other than channel spans may be reduced to thirty-five feet above highwater mark.
SEC. 3. That any bridge constructed under this Act, 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 no charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States; and the United States shall have the right of way for postal-telegraph purposes across said bridge. For the passage of all kinds of vehicles, for the transit of all kinds of animals, and for the passage of foot passengers the said bridge shall be free to the public.
and post route.
Secretary of War to
SEC. 4. That the structure herein authorized shall be built and located under and subject to such regulations for the security of navigation of approve plans, etc. said river as the Secretary of War shall prescribe; and to secure that object the said city 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 the topography of the banks of the river, the shore line at high and low water, and the soundings, accurately showing the bed of the stream, and shall furnish such other information as shall be STAT-VOL XXVIII-7
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 said bridge shall be constructed with such Aids to navigation. 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 and easily navigated channel, and for the guiding of rafts, steamboats, and other water craft safely under said bridge, as the Secretary of War shall prescribe and at any time order to be constructed and maintained at the expense of the city of Hastings; 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 and other water craft under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights or other signals as may be prescribed by the Light-House Board. And the said structure shall be changed or removed at the cost and expense of the said city of Hastings, from time to time, as Congress may direct, so as to preserve the free and con venient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law when the public good shall, in the judgment of Congress, so require, without any expense or charge to the United States.
Commencement and completion.
SEC. 5. That the right to alter, amend, or repeal this Act is hereby expressly reserved.
SEC. 6. That this Act shall be null and void if actual construction on the bridge herein authorized be not commenced within two years, and completed within three years from date thereof.
Approved, June 29, 1894.
July 2, 1894.
Lime Point military
Right of way to
Plans to be approved
CHAP. 121.-An Act Granting certain rights over Lime Point military reservation in the State of California.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the citizens of the town or city of Sausalito, Marin County, California, the right to occupy and improve for the purposes of a road only for the use and benefit of the citizens of the United States, and for no other purposes whatever, a portion of the tract of land owned by the United States in the State of California, known as the Lime Point military reservation, upon the following conditions and provisions, namely:
First. That no use of said land for the purposes of said road shall by Secretary of War. be begun by the said citizens of Sausalito as aforesaid until after general plans of said improvement shall have been submitted to the Secre tary of War and shall have been approved by him and the portion of said tract of land owned by the United States to be used for such stated purposes shall have been specially designated by him, and that no changes of the natural surface of the ground shall be made, nor improvements of any sort begun until the extent and plans of such proposed work shall have been described in detail to the Secretary of War and shall have received his approval.
Second. That the United States reserves the power to make and enforce regulations concerning the occupation and use of the portion of the Lime Point military reservation covered by this grant and con. cerning the use of the road thereon.
Third. That the United States reserves to itself the fee in said tract and the right to resume immediate and entire possession and use whenever the first of the above provisions shall have been violated, and also to resume possession of and occupy any portion thereof, or to
suspend the use of said road whenever, in the judgment of the Secretary of War, the exigency arises that should require such action for public defense, or otherwise, or whenever Congress may determine other disposition of said tract, without any claim for compensation to said citizens of Sausalito for improvement thereon or damage on account thereof.
Approved, July 2, 1894.
CHAP. 122.-An Act To amend section thirteen hundred and seventy-nine, chapter one, Title Fifteen, Revised Statutes of the United States, in relation to appointments of assistant paymasters in the Navy.
July 3, 1894.
Age limitation for assistant parmasters,
not applicable to cer tain graduates of Naval Academy.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the limitation as to age contained in section thirteen hundred and seventy-nine of the Revised Statutes of the United States, relating to appointment of assistant paymasters in the United States Navy to fill vacancies that may now or hereafter exist in said grade, shall not apply to such of the grad uates of the Naval Academy as were at sea upon duty at the time of the passage and approval of the Act of Congress approved August Vol. 22, p.: fifth, eighteen hundred and eighty-two, who were discharged thereunder at the end of their two years' cruise, after passing successfully all the examinations required of them: And provided further, That this amendment shall not be construed as giving any preference in said Only age limit waived. appointment of assistant paymasters to said graduates except as to waiving the limitation of age. Approved, July 3, 1894.
CHAP. 123.-An Act To provide that a term of the circuit and district court of the United States for the district of Vermont may be held at Montpelier.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter in each year one of the stated terms of the circuit and district court for the district of Vermont may, when adjourned, be adjourned to meet at Montpelier. SEC. 2. That all Acts and parts of Acts in conflict with this Act are hereby repealed.
Approved, July 3, 1894.
July 3, 1894.
Vermont judicial district.
Terms, Montpelier. R. S., sec. 572, p. 101; sec. 658, p. 122.
CHAP. 125.-An Act Granting to the Brainerd and Northern Minnesota Railway Company a right of way through the Leech Lake Indian Reservation in the State of Minnesota.
July 6, 1894.
ern Minnesota Rail
Lake Indian Reserva
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted Brainerd and Northto the Brainerd and Northern Minnesota Railway Company, a corpora- way Company granted tion organized and existing under the laws of the State of Minnesota, right of way and to its assigns, the right of way for the extension of its railroad, tion, Minn. with necessary side tracks and switch tracks, and for a telegraph and telephone line, through the Leech Lake Indian Reservation in said State, commencing at a point in the south line of said Indian reservation and extending northwesterly through sections thirteen, twelve, one, and two, of township one hundred and forty-one, range thirty-one, to a point in the west line of said reservation in said section two, with the right to load logs on said railroad at the points in said reservation where the same may run adjacent or contiguous to the waters of Leech Lake. Such right of way shall be fifty feet in width on each side of Width, etc. the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road material, stone, and earth necessary for the construction of said railroad; also