CHAPTER 303. AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI RIVER Aug. 15, 1876. 19 Stat. L., 205. [SECTION 1], That it shall be lawful for the Sioux City Bridge Com- Bridge across pany, a corporation organized for that purpose under the general cor- Missouri River poration laws of the State of Iowa, or its assigns, to construct, under ed by Sioux City may be constructand subject to the conditions and limitations hereafter provided, a bridge Bridge Company. across the Missouri River at or near Sioux City, Iowa and lay on and over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at or near Sioux City, or to the river on the opposite side of the same near Sioux City, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and operate said bridge for the purposes aforesaid; And that when said bridge is constructed all trains of all railroads -all connecting terminating at said river, and on the opposite side thereof, at or near railroads may have Sioux City, Iowa, shall be allowed to cross said bridge for reasonable use of, &c. compensation, to be made to the owners of the same, under the limita tions and conditions hereinafter named. The owners of said bridge may also charge and receive reasonable - tolls on. compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles animals and foot-passengers: Provided, That Congress may at any time prescribe such rules, regu Congress may lations and rates of toll for transit and transportation over said bridge prescribe rules, &c. as may be deemed proper and reasonable. SEC. 2. That any bridge built under the provisions of this act may, at the option of the person or persons or corporation building the same, be built as a draw bridge, with a pivot or other form of draw, or with unbroken or continuous spans: Bridge, how to be built. Provided, That if the same shall be made of unbroken continuous of unbroken conspans, it shall not be, in any case, of less elevation than fifty feet above tinuous spans. extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low water-mark; and the piers of said bridge shall be parallel with the current of the river; and the main span shall be over the main channel of the river: And provided also, That if a bridge shall be built under this act as a -if as a drawdraw bridge, the same shall be constructed as a pivot draw-bridge, with bridge. a draw over the main channel of the river at an accessable and navagable point and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river: Draw to be promptly opened. Company may confine water to permanent channel. Plans for erec tions on banks of river. be built. 224. And provided also, That said draw shall be opened promptly upon reasonable signal, without unnecessary delay: And provided further, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said objects, but shall not impede or obstruct the navigation of said river, and shall be liable in damages for all injuries to private property; And all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: A pile or pon- And provided further, That if said company shall elect to construct a toon bridge may pile and pontoon bridge in lieu of that described above, the Secretary 1874, June 6, ch. of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof contained in the act entitled "An act to legalize and establish a pontoon-bridge across the Mississippi River at Prairie du Chien" approved June sixth, eighteen hundred and seventy-four, accept that in the bridge herein authorized one draw only shall be required, which shall not be less than four hundred feet in width in the clear: Bridge to be at right angles to cur rent. not to obstruct navigation. Secretary of War to approve plans; alterations, &c. -may cause alterations in order to And provided further, That any bridge built under the provisions of this act shall be at right-angles to the current of the river. SEC. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; And no bridge shall be commenced or built under this act until the location thereof and the plans and specifications for its construction shall have been submitted to, and approved by, the Secretary of War; and any change in the plan of such construction or any alteration in the bridge after its construction shall be subject to the like approval; And whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby prevent obstruc- authorized to cause such change or alteration of said bridge to be made tion to navigation. as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge; In case of litiga And in case of any litigation arising from any obstruction or alleged tion, where suits obstruction to the free navigation of the Missouri River at or near the to be brought. crossing of said bridge caused or alleged to be caused thereby, the cause shall be commenced and tried in the district courts of either judicial district of Iowa or Nebraska in which the said bridge or any portion of such obstruction touches. SEC. 4. That any bridge built 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 transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to such bridge. Such lights shall be kept upon said bridge as the Light-House Board shall direct, and said bridge shall moreover be provided with all proper safeguards for the security of person and property. SEC. 5. That Congress may at any time alter, amend, or repeal this act. [August 15, 1876.] CHAPTER 304. AN ACT TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONERS FOR TAKING AFFIDA- Notaries public of States, &c., may take depositions, acknowledgments, and affidavits to be used in Aug. 15, 1876. 19 Stat. L., 206. Notaries public Be it enacted, &c., That notaries public of the several States, Territories, and the District of Columbia be, and they are hereby, authorized of States, &c., may take depositions, to take depositions, and do all other acts in relation to taking testimony to be used in the courts of the United States, take acknowledgments and affidavits to acknowledgments, and affidavits, in the same manner and with the same effect as commis- be used in United sioners of the United States circuit court may now lawfully take or do. States courts. [August 15, 1876.] R. S., § 1778. 1874, June 22, ch. 390, § 20. CHAPTER 307. AN ACT TO CREATE AN ADDITIONAL LAND OFFICE AT COLFAX, WHITMAN COUNTY, WASH INGTON TERRITORY. Aug. 15, 1876. 19 Stat. L., 207. SECTION 1. Whitman land district established. - with office at Colfax until changed by Presi. dent. Be it enacted, &c. SECTION 2. Register and receiver for. 3. Public lands in, subject to sale. Whitman land lished. R. S., § 2256, par. 49-51, 2d ed., p. 406. [SECTION 1], That the President of the United States be, and he is district estabhereby, authorized to establish an additional land-district in the Territory of Washington, which district shall be bounded as follows, namely: Commencing at a point where the Columbia guide-meridian intersects the third standard parallel in said Territory; thence east along the line of said standard parallel to where the same intersects Snake River; thence along said Snake River to where the same intersects the boundary-line between Washington Territory and Idaho Territory; thence north on said boundary-line to where the same intersects the boundaryline between Washington Territory and British Columbia; thence west along said line to where the same intersects the aforementioned Columbia guide-meridian; thence south along the line of said meridian to the place of beginning. with office at Said district, as above bounded, shall be known and designated as the Whitman district, and the office of said district shall be located at the Colfax, until town of Colfax, or at such place as the President may direct, in the Ter- changed by Presiritory of Washington; and the President of the United States shall have dent. power to change the location of said land-office, in said Territory, from time to time, as the public interests may seem to require. SEC. 2. That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and a receiver for the district hereby created, who shall each reside in the place where said land-office is located, and shall have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land officers in said Territory. Register and receiver for. R. S., §§ 22342247. Public lands in, SEC. 3. That the public lands in said district shall be subject to sale and disposal upon the same terms and conditions as other public lands subject to sale. of the United States: Provided, That all sales and locations made at the office of the old district of land situated within the limits of the new district, which shall be valid and right in other respects up to the day on which the new office shall go into operation, be, and the same are hereby confirmed. [August 15, 1876.] CHAPTER 308. Aug. 15, 1876. 19 Stat. L., 208. Lands of Otoe AN ACT TO PROVIDE FOR THE SALE OF A PORTION OF THE RESERVATION OF THE [SECTION 1], That, with the consent of the Otoe and Missouria tribes and Missouria In- of Indians expressed in open council, (1) the Secretary of the Interior is dian reservation authorized to cause to be surveyed the reservation of said Indians lying may be surveyed. 1879, March 3, in the States of Kansas and Nebraska. ch. 190. SEC. 2. That the lands so surveyed shall be appraised by three com1881, March 3, missioners, one of whom shall be designated by said Indians in open to be appraised. council, and the other two by the Secretary of the Interior. ch. 128. tual settlers, in part, for cash. - to be sold to ac- (Rep.) [SEC. 3. That after the survey and appraisement of said lands, the Secretary of the Interior shall be, and is hereby, authorized to offer one hundred and twenty thousand acres from the western side of the same for sale, through the United States public land-office, at Beatrice, Nebraska, for cash to actual settlers only, in tracts not exceeding one hundred and sixty acres to each purchaser: Repeal and substitute, 1879, March 3, ch. 190. or deferred payments. Provided, That if, in the judgment of the Secretary of the Interior, it shall be more advantageous to sell said lands upon deferred payments, he may, with the consent of the Indians expressed in open council, dispose of the same upon the following terms as to payments, that is to say, one-third in cash, one-third in one year, and one-third in two years from date of sale, with interest at the rate of six per centum per annum : And provided further, That no portion of said land shall be sold at for less than ap- less than the appraised value thereof, and in no case less than two dolpraised. lars and fifty cents per acre.] - not to be sold Disposition of proceeds. Pay of apprais ers. Plats and notebooks. Fees of register and receiver. be sold on same terms. SEC. 4. That the proceeds of said sale shall be placed to the credit of said Indians in the Treasury of the United States, and bear interest at the rate of five per centum per annum which income shall be expended for the benefit of said tribes under direction of the Secretary of the Interior. SEC. 5. That the commissioners for the appraisement of said lands shall be paid for their services at the rate of five dollars per day while actually employed, and their actual expenses; which sum, together with the cost of survey, and all other necessary incidental expenses of the execution of this act, shall be paid from the money realized by the sale of said lands. SEC. 6. That certified copies of the plats and field-notes of said lands when surveyed shall be prepared under the direction of the Secretary of the Interior, and kept in the land-office at Beatrice, Nebraska, to be used as other official plats and notes; And the register and the receiver shall be allowed such fees only for the sale of said lands as are now authorized by law in case of sales of public lands of the United States, to be paid out of the moneys arising from the sale thereof. Sac and Fox resSEC. 7. That whenever the Sac and Fox of the Missouri tribe of Inervation in Kansas dians shall, in open council in the usual manner, express their consent and Nebraska may thereto, (2) the Secretary of the Interior shall be, and hereby is, authorized, in like manner and upon the same terms prescribed in the preceding sections of this act, to cause to be offered for sale a portion of their reservation lying in the States of Kansas and Nebraska, not exceeding in quantity ten sections of land to be taken from the western portion thereof; and the proceeds arising therefrom shall be used for the ben efit of said tribe as the Secretary of the Interior may direct. [Became a law August 15, 1876, by two thirds vote of each house of Congress, notwithstanding the President's veto.] NOTES.-(1) The consent of the Otoe and Missouria Indians was given December 6, 1876. RESOLUTIONS. NUMBER 4. JOINT RESOLUTION DIRECTING THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA Debt of District of Columbia not to be increased. Be it resolved, &c. March 14, 1876. 19 Stat. L., 211. Debt of District SEC. 2. That there shall be no increase of the present amount of the total indebtedness of the District of Columbia; and any officer or per- of Columbia not to son who shall knowingly increase, or aid or abet in increasing, such be increased. 1878, June 11, ch. total indebtedness, shall be deemed guilty of a high misdemeanor, and, on 180, § 13. conviction thereof, shall be punished by imprisonment not exceeding ten 1880, June 16, ch. years, and by fine not exceeding ten thousand dollars. [March 14, 1876.] 243. 1881, March 3, ch. 134, § 4. NUMBER 10. JOINT RESOLUTION CONCERNING SPECIAL-TAX STAMPS. sued to deal May 8, 1876. Special-tax stamps may be issued to retail dealers in liquors and tobacco on railway-trains, vessels, &c. 19 Stat. L., 213. Be it resolved, &c., That nothing contained in chapter three of title Special-tax thirty-five of the Revised Statutes shall prevent the issue, under such stamps may be isregulations as the Commissioner of Internal Revenue may prescribe, ers in liquors and of special-tax stamps to persons carrying on the business of retail deal tobacco on railers in liquors, retail dealers in malt liquors, or dealers in tobacco, upon way trains, vessels, &c. passenger railroad-trains or upon steamboats or other vessels engaged in the business of carrying passengers. [May 8, 1876.] R. S., § 3244. NUMBER 13. JOINT RESOLUTION AUTHORIZING THE SECRETARY OF WAR TO ISSUE ARMS. kind of arms. -manner of issue. Resolved, &c., That the Secretary of War is hereby authorized to cause to be issued to the Territories, and the States bordering thereon, such arms as he may deem necessary for their protection, not to exceed one thousand to said States [and Territories] each [and ammunition for the same, not to exceed fifty ball-cartridges for each arm], [and not more than five hundred to each of said Territories]: Provided, That such issues shall be only from arms owned by the Gov ernment which have been superseded and no longer issued to the Army: Provided however, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisi NOTE.-The words in brackets indicate the amendments made by the resolution of 1877, March 3, No. 7, and the act of 1878, May 16, ch. 106; the words in italics being stricken out and those in roman inserted. See also resolution of 1878, June 7, No. 26, p. -. |
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