CHAPTER 154. 66 AN ACT TO AMEND THE THIRTY-FIRST SECTION (1) OF AN ACT ENTITLED AN ACT FOR ENROLLING AND CALLING OUT THE NATIONAL MILITIA, AND FOR OTHER PURPOSES," APPROVED MARCHI THIRD, EIGHTEEN HUNDRED AND SIXTY-THREE. Army officers on duty west of Omaha may have certain leaves of absence without deduction of pay. Be it enacted, &c., That all officers on duty at any point west of a line drawn north and south through Omaha City, and north of a line drawn east and west upon the southern boundary of Arizona, shall be allowed sixty days' leave of absence without deduction of pay or allow ances: Provided, That the same is taken but once in two years: And provided further, That the leave of absence may be extended to three months if taken once only in three years; or four months, if taken once only in four years. [May 8, 1874.] NOTE.-(1) Section thirty-one of the act of 1863, ch. 75 (12 Stat. L., 736), here referred to, is incorporated into Revised Statutes in section 1265, noted in the margin. May 8, 1874. 18 Stat. L., 43. Army officers on duty west of Omaha may have certain leaves of ab sence without de- 239. Ꮯ Ꮋ Ꭺ Ꮲ Ꭲ Ꭼ Ꭱ 16 5. AN ACT PROVIDING FOR THE PAYMENT OF THE BONDS OF THE LOUISVILLE AND May 11, 1874. 18 Stat. L., 43. SECTION 1. Louisville and Portland Canal; appropria- 2. Secretary of War to take possession of canal. SECTION Secretary of Treasury to audit and allow -not to pay city or State taxes. 3. Canal to be free of toll, except, &c. Secretary of War to provide for management 4. Trustees in mortgage to secure bondholders; Louisville and appropriation to Be it enacted, &c. [SECTION 1], That the appropriations made by the act approved Portland Canal, March third, eighteen hundred and seventy-three, entitled (1) "An act pay debts of, made making appropriations for the repair, preservation, and completion of permanent. certain public works on rivers and harbors, and for other purposes," for 1873, ch. 233 (17 the payment of the debts of the Louisville and Portland Canal Com- S. L., 563). pany, are hereby continued in full force, and are made permanently applicable to the payment of the debts of the said Louisville and Portland Canal Company; and so much as may be necessary shall be applied to the payment of the interest as it accrues, and the principal of the outstanding bonds of said company as they mature: Provided, however, That the Secretary of the Treasury may purchase and pay for any of said bonds, at the market price, not above par, whenever he deems it for the interest of the United States. R. S., § 5255. bonds of, may be retary of Treasury. purchased by Sec Secretary of War of canal. SEC. 2. That after thirty days from the passage of this act the Secretary of War is hereby authorized and directed to take possession of the to take possession said Louisville and Portland Canal, and all the property, real and personal, of said company, as the property of the United States, as provided for by the act of the general assembly of the State of Kentucky, approved February twenty-second, eighteen hundred and forty-four, entitled "An act to amend an act entitled 'An act to amend the charter of the Louisville and Portland Canal Company,' approved January twenty-first, eighteen hundred and forty-two," conceding jurisdiction over said canal to the United States, subject however, to the mortgagelien on said property in favor of the trustees under said mortgage and the holders of the bonds issued under it; And the Secretary of the Treasury is hereby authorized to pay the NOTE.-(1) The act of 1873, ch. 233 (17 Stat. L., 563), here referred to, authorized the Secretary of the Treasury to assume control of the canal, as the provision now stands in Revised Statutes, § 5255, and provided that "the sum of money necessary to enable the Secretary of the Treasury to carry this provision into effect is hereby appropriated." Secretary of Treasury to pay di rectors for their directors of said company for the stock held by them, which payment stock, to have ac- shall be made forthwith by the Secretary of the Treasury, being the sum counts examined; of one hundred dollars to each director, with interest thereon at six per centum per annum since the ninth day of February, eighteen hundred and sixty-four; and he is authorized and directed to cause a careful and full examination of all the receipts and disbursements of the said company to be made, and to collect, and, if necessary, to sue for, any money due to or held for the said company by the directors of said company, or the trustees under said mortgage, or by any person whatever. and to collect debts due company. And said Secretary of the Treasury is hereby directed and empow ered, immediately upon the passage of this act to give public notice-in such manner as, in his judgment, will best effect the purpose, to all persons and corporations having debts of any nature against said Louisville and Portland Canal Company, except the bonded debt thereof, to present them to him on or before the first day of July, eighteen hundred and seventy-five; and any such debt not presented on or before said day shall be forever barred. And said Secretary is hereby directed and authorized to examine, audit, and, in his discretion, allow such debts, or any of them, being hereby vested with any power necessary to that end; and he shall embrace his action in the premises in his succeeding annual report: Provided, however, That no sum of money shall be paid by the Secretary of the Treasury on account of any claim for either city or State taxes assessed, or to be hereafter assessed, against said company, or against the said canal property, or any of its appendages. SEC. 3. That the said canal and property appertaining thereto shall be held for the common use and benefit of the people of the United States, free of all tolls and charges except such as are necessary to pay the current expenses of said canal, and to keep the same in repair; and for the present year they shall be at the rate of ten cents per ton capacity on vessels propelled by steam and five cents per ton on other vessels; And to ascertain what rates will pay current expenses after the present year, the Secretary of War shall, on the first Monday of January of each year, ascertain from the expenses of the previous year what tolls will probably pay the expenses of the current year; and he shall fix and declare the rate of tolls thus ascertained to be charged for the current year; And, until otherwise provided by law, the Secretary of War shall provide for the superintendence, management, and repair of said canal, and may apply the tolls so received, as far as may be necessary, to pay the current expenses of said canal; and he shall, in his next annual report, set forth such receipts and expenditures and the condition of said canal with a view to such legislation as may be necessary for the superintendence and management thereof; but no expenditure nor contract for expenditure of money shall be made under the authority of this section in any one year to an amount greater than the amount which may be received during such year from tolls on said canal. SEC. 4. That if at any time it become necessary to enforce the lien of the mortgage upon said canal property for the benefit of the bondholders, it shall be lawful for the trustees named in said mortgage, or any other trustees who may be appointed in pursuance of the laws of Kentucky, to commence proceedings therein in any court having jurisdiction thereof, with notice to the United States as terre tenant pro forma, and serve process upon any officer of the United States who shall have the superintendence of said canal, whose duty it shall be to notify the Attorney-General of the United States of such service; Whereupon said Attorney-General shall enter an appearance in said case, and take all necessary steps to represent and defend the interests of the United States in such proceedings, so that the same may be conducted in the same manner and with the like effect as if the said Louisville and Portland Company were still in existence as a corporation. [May 11, 1874.] CHAPTER 168. AN ACT TO ESTABLISH AN ASSAY-OFFICE AT HELENA, IN THE TERRITORY OF MONTANA. SECTION 1. Assay-office at Helena, Montana, established. 2. building for, to be constructed. Be it enacted, &c. [SECTION 1], That the Secretary of the Treasury is hereby authorized and required to establish an assay-office at Helena, in the Territory of Montana, the said assay-office to be conducted under the provisions of the act entitled (1) "An act revising and amending the laws relative to the mints, assay-offices, and coinage of the United States," approved February twelfth, eighteen hundred and seventy-three. May 12, 1874. 18 Stat. L., 45. Assay-office at Helena, Montana, established. R. S., § 3495. SEC. 2. That the Secretary of the Treasury is hereby authorized and building for, to directed to cause to be constructed a suitable building at Helena, in be constructed. the Territory of Montana, for the purpose of said assay-office, and provide the same with the necessary fixtures and apparatus, at a cost not exceeding fifty thousand dollars, which sum is hereby appropriated out of any money in the Treasury not otherwise appropriated. [May 12, 1874,] NOTE.-(1) The provisions of the act of 1873, ch. 131 (17[Stat. L., 424), here referred to, are incorporated into Revised Statutes in §§ 3495-3570. CHAPTER 176. AN ACT GIVING THE ASSENT OF CONGRESS FOR THE IMPROVEMENT OF THE WOLF Wolf River may be improved to run logs across Damages, how awarded. River may be used by Indians and others for run- May 15, 1874. 18 Stat. L., 46. Wolf River may Be it enacted, &c., That the assent of Congress be, and hereby is, given to the Keshena Improvement Company, a corporation organized be improved so as under the laws of the State of Wisconsin, to improve the Wolf River, Indian reservato run logs across so as to run logs down said river, across the Menomonee Indian reser- tion. vation, in accordance with the laws of said State: Provided, That any damages which may be caused on account of such Damages, how improvements shall be awarded as in all other cases under the laws of awarded. the State of Wisconsin, and the amount be paid into the Treasury of the United States for the benefit of said Indians; And said Indians and all other persons shall be permitted to use said river for the purpose of running logs, as contemplated by this act; and the charges for said privilege shall be regulated by the legislature of the State of Wisconsin: Provided, further, That all privileges under this act may be altered or revoked by Congress. [May 15, 1874.] River may be used by Indians and others for running logs, under charges regulated by Wisconsin. Act may be altered, &c. CHAPTER 180. AN ACT GRANTING A PORTION OF THE UNITED STATES MILITARY RESERVATION AT Public cemetery to be laid out on military reser- -part of, for use of religious denominations. Public cemetery military reserva Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized to set apart a tract of land, not exceeding twenty acres in to be laid out on extent, in the United States military reservation of Camp Douglas, near tion near Salt Lake Salt Lake City, in the Territory of Utah, to be used as a public cemetery, under such rules and regulations as he shall establish for the protection, care, and management of such cemetery. And he shall cause Cemetery: part of, for use of religious denominations. -part as a potter's field. the same to be laid off and platted in convenient and suitable lots, which shall be forever devoted for the purpose of the burial of the dead. And he may set apart forever to each of the religious denominations organized in Salt Lake City which shall file with him proof of their organization a lot not to exceed one acre in size, and of convenient shape, which such denominations may inclose and ornament as they see fit, to be used for the purposes of burial; And two acres shall be reserved as a "potter's field," or common burying ground, which may be inclosed and ornamented by the authority of the said city. [May 16, 1874.] CHAPTER 182. AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON THE FORT RANDALL MILITARY May 18, 1874. 18 Stat. L., 47. Fort Randall military reservation, in Dakota, in part transferred to Interior Department. Certain settlers to have patents. to be paid for improvements. -not to be paid for improvements restored to them. 1. Fort Randall military reservation, in Dakota, 3. to be paid for improvements. [SECTION 1], That the Secretary of War be, and he is hereby, authorized to transfer to the custody of the Department of the Interior such portions of the military reservation of Fort Randall, in Dakota, as were actually occupied by settlers prior to the promulgation of the order of the President of June fourteenth, eighteen hundred and sixty, setting apart the reservation for military purposes, and, further, such portions of the said reservation as were released from military occupation and control between the years eighteen hundred and sixty-seven and eighteen hundred and seventy, and were during that time settled upon in good faith and in the belief that the lands were open to settlement. SEC. 2. That the Secretary of the Interior be authorized to confirm, in accordance with existing laws, the titles of such settlers upon the military reservation of Fort Randall as may be reported by the Secretary of War for that purpose, and to cause patents to be issued for such lands as the aforesaid settlers may be entitled to under existing laws and the provisions of this act. SEC. 3. That the Secretary of the Treasury be, and he is hereby, authorized to pay to each of the aforesaid settlers the respective amounts that were appraised as the value of their respective improvements, by a military board of survey convened for that purpose, at Fort Randall, under instructions from the War Department, dated March third, eighteen hundred and seventy-one: Provided, That in case any improvements, or portion thereof, shall have been restored or delivered to any settler, after the appraisement of the same by the said military board of survey, such settler shall not be entitled to payment under this act for the improvements, or portion thereof, so restored or delivered to him. [May 18, 1874.] CHAPTER 186. May 21, 1874. 18 Stat. L., 48. AN ACT TO AMEND AN ACT ENTITLED (1) "AN ACT TO PROVIDE FOR the establISH- Military prison to be at Fort Leavenworth, Kansas, instead of Rock Island. Military prison Be it enacted, &c., That said act be, and the same is hereby, so amended to be at Fort Leav- that all acts and things therein required to be done and performed at enworth, Kansas, Rock Island, in the State of Illinois, shall be done and performed on NOTE. (1) The act of 1873, ch. 249 (17 Stat. L., 582), here referred to, is incorporated into Revised the military reservation at Fort Leavenworth in the State of Kansas: instead of at Rock Provided, That the Government buildings now on said military reser- Island. vation at Fort Leavenworth shall be modified and used so far as prac- R. S., § 1344ticable for the purposes of said prison. [May 21, 1874.] 1361. CHAPTER 200. AN ACT FOR THE BENEFIT OF OCCUPYING CLAIMANTS. Occupants of land under color of title, adjudged invalid, to have remedies, in Federal courts, for im provements. Occupants of land under color of title adjudged in Be it enacted, &c., That when an occupant of land, having color of title, in good faith has made valuable improvements thereon, and is, in the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and reme- valid, to have remdies, and, upon instituting the proper proceedings, such relief as may edies, in Federal be given or secured to him by the statutes of the State or Territory courts, for improvewhere the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. [June 1, 1874.] ments. R. S., § 721. CHAPTER 201. AN ACT TO FACILITATE THE EXECUTION OF, AND TO PROTECT CERTAIN PUBLIC WORKS Secretary of War to have control of channel at Penalty for interfering with or obstructing im June 1, 1874. 18 Stat. L., 50. Be it enacted, &c., That from and after the passage of this act the Secretary of War Secretary of War is directed to assume full control over the particular to have control of channel at the mouth of the Mississippi River in course of excavation channel at mouth or improvement by the Government of the United States, so far as may of Mississippi Riv er until improvebe necessary to the carrying on and protection of such excavation and ments are comimprovement, and until the same be completed, and he may establish pleted; may make such regulations respecting the use of, or passage through, such chan- regulations, &c. nel as he shall deem needful to fully protect the channel and to facilitate the excavation, improvement and use thereof. Such regulations shall be promulgated by publication thereof for ten days consecutively in two daily papers published in New Orleans, Louisiana, and the same may in like manner be changed from time to time; And any person interfering with, or obstructing, or attempting to obstruct the said improvements, and any person who shall willfully or terfering with or Penalty for innegligently strand or sink any boat or craft in said channel, or who obstructing im shall willfully, or negligently obstruct said channel, or cause any impair- provements. ment injury, filling up, or shoaling therein, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not ex ceeding, five hundred dollars, or imprisonment for not more than six months, or both, in the discretion of the court. [June 1, 1874.] CHAPTER 205. AN ACT TO PROVIDE FOR THE BETTER PROTECTION OF THE FRONTIER SETTLEMENTS OF Secretary of War may construct and operate telegraph line in Texas and Indian Territory to connect military posts. June 3, 1874. 18 Stat. L., 51. Be it enacted, &c., That the Secretary of War be, and he is hereby, Secretary of War authorized to construct and operate a line of telegraph, beginning at or may construct and |