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Feb. 28, 1887.

Preamble.

Vol. 14, p. 26.

CHAP. 282.-An act to authorize the Secretary of War to credit the Territory of Dakota with certain sums for ordnance and ordnance stores issued to said Territory, and for other purposes.

Whereas, it appears from the records of the Ordnance Bureau of the War Department that the Territory of Dakota stands charged with the sum of twenty-seven thousand six hundred and fifty dollars for ordnance and ordnance stores issued to said Territory during the year eighteen hundred and sixty-seven, under the provisions of the act of Congress approved April seventh, eighteen hundred and sixty-six, entitled "An act to provide arms and ammunition for the defense of the inhabitants of Dakota Territory ", all of said ordnance and ordnance stores having been drawn by the Territory of Dakota and used for the purpose of aiding the General Government in the protection of the borders of said Territory against Indian invasions and depredations; and

Whereas said ordnance was issued to the inhabitants of said Territory as in said act directed, and all of the same has been lost and rendered useless in the service: Therefore,

Be it enacted by the Senate and House of Representatives of the United Dakota to be States of America in Congress assembled, That the Secretary of War be, amount and he is hereby, directed to cause the Territory of Dakota to be credited due on ordnance on its ordnance account with the sum of twenty-seven thousand six

credited

account.

hundred and fifty dollars, upon the delivery to the United States, at such place as the Secretary of War may direct, of all such arms and other ordnance stores remaining in the custody of said Territory of the issues thereof under said act.

Approved, February 28, 1887.

Feb. 28, 1887.

Memphis

CHAP. 283.-An act to authorize the construction of a bridge across the Tennessee River at or near Chattanooga, Tennessee.

Be it enacted by the Senate and House of Representatives of the United and States of America in Congress assembled, That the Memphis and CharlesCharleston Railroad Company auton Railroad Company, organized under the laws of the State of Tenthorized to bridge nessee, be, and is hereby, authorized to construct and maintain a bridge, Tennessee River and approaches thereto, over the Tennessee River at or near Chattaat Chattanooga, nooga, in the county of Hamilton, in said State. Said bridge shall be constructed to provide for the passage of railway trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals and for foot-passengers, for reasonable rates or tolls, to be fixed by said company; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates or tolls.

Tenn.

Railway, wagon, and foot bridge.

Tolls.

To be a lawful

route.

SEC. 2. That any bridge built under this act and subject to its limitstructure and post- ations shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other postroads in the United States. That the bridge authorized to be constructed under this act shall be a lawful structure and shall be recognized and known as a post-route, and the same is hereby declared to be a postroute, upon which also no higher charge shall be made for the transmission over the same of the mails, troops, and munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and the United States shall have the right of way Postal telegraph, across said bridge and its approaches for postal-telegraph purposes. That the said bridge shall be so constructed, either by draw, span, or Free navigation. Otherwise, that a free and unobstructed passage may be secured to all water-craft navigating said river at the point aforesaid: Provided, That if said bridge authorized to be constructed under this act shall be con

Proviso.

structed as a draw-bridge, the draw shall be opened promptly upon reasonable signals for the passage of boats or vessels; and said corporation shall maintain, at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Secretary of War shall prescribe.

Draw.

Lights.

Other companies

Compensation.

SEC. 3. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the may use. passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

SEC. 4. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the 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 design and drawings 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 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 the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the prog. ress of construction, such change shall be subject to the approval of the Secretary of War.

Secretary of War to decide terms. Plans, etc., to be approved by Secretary of War.

Right to amend,

SEC. 5. That the right to alter, amend, or repeal this act, so as to prevent or remove all material and substantial obstructions to the navi. etc., reserved. gation of said river by the construction of the said bridge is hereby expressly reserved; and any alterations or changes that may be required by Congress in the bridge constructed under this act shall be made by the corporation owning or controlling the same, at its own expense. Furthermore, if the construction of said bridge shall not be commenced within two and completed within four years after the passage of this act, all privileges conferred hereby and this act shall become null and void.

Approved, February 28, 1887.

CHAP. 284.—An act granting the right of way to the Prescott and Arizona Centra Railway Company across the Whipple Barracks Military Reservation, in Arizona.

Feb. 28, 1887.

zona Central Rail

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Prescott and Arizona Right of way to Central Railway Company, a corporation duly organized under the laws Prescott and Ariof the Territory of Arizona, are hereby granted the right of way, one way Company hundred feet in width, for their said railroad across and through the across Whipple Whipple Barracks Military Reservation, located in said Territory of Barracks ReservaArizona, not to interfere with any buildings or improvements on said tion, Ariz. reservation, and the location of the line of said right of way to be subject to the approval of the Secretary of War.

Approved, February 28, 1887.

49-2-28 PUB

Feb. 28, 1887.

CHAP. 285.—An act to authorize the Fremont, Elkhorn and Missouri Valley Railroad to build its road across the Fort Meade Military Reservation.

Be it enacted by the Senate and House of Representatives of the United Fremont, Elk- States of America in Congress assembled, That the Fremont, Elkorn, and horn and Missouri Missouri Valley Railroad Company, a corporation in the State of NeValley R. R. Co. to braska, be, and is hereby, granted a right of way, not to exceed one have right of way across Fort Meade hundred feet in width, across the Fort Meade Military Reservation, upon such line as may be approved by the Secretary of War.

Reservation.

Approved, February 28, 1887.

Feb. 28, 1887.

CHAP. 286.—An act for the construction of a building for stable and carpenter shop for the accommodation of the offices of the House of Representatives.

Be it enacted by the Senate and House of Representatives of the United Appropriation States of America in Congress assembled, That the sum of six thousand for stable, etc., five hundred dollars, or so much thereof as may be necessary, is hereby House of Representatives. appropriated, out of any moneys in the Treasury not otherwise appropriated, to be immediately available, to be expended under the Architect of the Capitol, for the construction of a brick stable, carpenter shop, and wagon-sheds necessary, and fence inclosing the same, for the postoffice and other offices of the House of Representatives, to be erected on the lot on the east side of Third street between Maryland avenue and B street southwest, in the city of Washington, now occupied by and the property of the United States.

Approved, February 28, 1887.

Feb. 28, 1887.

Army.

CHAP. 287.-An act to effect a rearrangement of grades of office in the AdjutantGeneral's Department of the Army.

Be it enacted by the Senate and House of Representatives of the United Adjutant-Gen- States of America in Congress assembled, That the Adjutant-General's eral's Department, Department of the Army shall consist of one Adjutant-General, with the Grade of officers rank, pay, and emoluments of brigadier-general; four assistant adjutantsrearranged. general, with the rank, pay, and emoluments of colonel; six assistant adjutants general, with the rank, pay, and emoluments of lieutenantcolonel; and six assistant adjutants-general, with the rank, pay, and R. S., sec. 1128, p. emoluments of major: Provided, That the vacancies in the grade of 206, amended. colonel and lieutenant-colonel created by this act shall be filled by the promotion by seniority of the officers now in the Adjutant-General's Department.

Approved, February 28, 1887.

Feb. 28, 1887.

between 1st of

CHAP. 288.-An act relating to the importing and landing of mackerel caught during the spawning season.

Be it enacted by the Senate and House of Representatives of the United Importing or States of America in Congress assembled, That for the period of five years landing mackerel from and after the first day of March, eighteen hundred and eightyMarch and 1st of eight, no mackerel, other than what is known as Spanish mackerel, caught between the first day of March and the first day of June, inclusive, of each year, shall be imported into the United States or landed upon its shores: Provided however, That nothing in this act shall be held to apply to mackerel caught with hook and line from boats, and landed in said boats, or in traps and weirs connected with the shore.

June forbidden.

Proviso.

R. S., sec. 4321, p. 836, amended.

SEC. 2. That section forty-three hundred and twenty one of the Re- Fishing licenses vised Statutes is amended, for the period of five years aforesaid, so as to include prohibito read before the last sentence as follows: "This license does not tion. grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the first day of March and the first day of June, inclusive, of this year." Or in lieu of the foregoing there shall be inserted so much of said period of time as may remain unexpired under this act.

SEC. 3. That the penalty for the violation or attempted violation of Penalty.
this act shall be forfeiture of license on the part of the vessel engaged
in said violation, if a vessel of this country, and the forfeiture to the
United States, according to law, of the mackerel imported or landed,
or sought to be imported or landed.

SEC. 4. That all laws in conflict with this law are hereby repealed.
Approved, February 28, 1887.

CHAP. 311.—An act to organize the Hospital Corps of the Army of the United States, to define its duty and fix its pay.

March 1, 1887.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Hospital Corps of the Hospital Corps United States Army shall consist of hospital stewards, acting hospital of the Army. Established. stewards, and privates; and all necessary hospital services in garrison, camp, or field (including ambulance service) shall be performed by the members thereof, who shall be regularly enlisted in the military service; said Corps shall be permanently attached to the Medical Department, Attached to Medand shall not be included in the effective strength of the Army nor ical Department. counted as a part of the enlisted force provided by law.

SEC. 2. That the Secretary of War is empowered to appoint as many Hospital stewhospital stewards as, in his judgment, the service may require; but ards to be appointnot more than one hospital steward shall be stationed at any post or ed.

place without special authority of the Secretary of War.

SEC. 3. That the pay of hospital stewards shall be forty-five dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men. They shall have rank with ordnance-sergeants and be entitled to all the allowances appertaining to that grade.

SEC. 4. That no person shall be appointed a hospital steward unless he shall have passed a satisfactory examination before a board of one or more medical officers as to his qualifications for the position, and demonstrated his fitness therefor by service of not less than twelve months as acting hospital steward; and no person shall be designated for such examination except by written authority of the Surgeon-General.

Pay.

Rank.

Examination.

Enlistment of

SEC. 5. That the Secretary of War is empowered to enlist, or cause to be enlisted, as many privates of the Hospital Corps as the service privates. may require, and to limit or fix the number, and make such regulations for their government as may be necessary; and any enlisted man in the Army shall be eligible for transfer to the Hospital Corps as a private. They shall perform duty as wardmasters, cooks, nurses, and attendants in hospitals, and as stretcher-bearers, litter-bearers, and ambulance attendants in the field, and such other duties as may by proper authority be required of them.

SEC. 6. That the pay of privates of the Hospital Corps shall be thirteen dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men; they shall be entitled to the same allowances as a corporal of the arm of service with which on duty.

Duties.

Pay.

Rank.

Details as acting

SEC. 7. That privates of the Hospital Corps may be detailed as acting hospital stewards by the Secretary of War, upon the recommendation of hospital stewards. the Surgeon-General, whenever the necessities of the service require it;

R. S., secs. 1179, 1180-1181, p. 211.

and while so detailed their pay shall be twenty-five dollars per month, with increase as above stated. Acting hospital stewards, when educated in the duties of the position, may be eligible for examination for appointment as hospital stewards as above provided.

SEC. 8. That all acts and parts of acts in so far as they contravene the provisions of this act are hereby repealed.

Approved, March 1, 1887.

March 1, 1887.

CHAP. 312.-An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, eighteen hundred and eighty-eight.

Be it enacted by the Senate and House of Representatives of the United Military Acade- States of America in Congress assembled, That the following sums be, my appropriations. and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the fiscal year ending June thirtieth, eighteen hundred and eightyeight:

Pay of professors, instructors, etc.

Cadets.

Band.

Additional pay.

Current expen

ses.

For pay of eight professors, twenty-five thousand five hundred and eighty-one dollars and ninety-three cents.

For one commandant of cadets, in addition to pay of captain in the line, one thousand two hundred dollars.

For pay of one instructor of practical military engineering, in addition to pay as first lieutenant, nine hundred dollars.

For pay of one instructor of ordnance and science of gunnery, in addition to pay as first lieutenant, nine hundred dollars.

For pay of eight assistant professors, in addition to pay as first lieu tenants, four thousand dollars.

For pay of three senior instructors of cavalry, artillery, and infantry tactics, in addition to pay as second lieutenants, one thousand five hundred dollars.

For pay of four assistant instructors of cavalry, artillery, and infantry tactics, in addition to pay as second lieutenants, two thousand four bundred dollars.

For pay of adjutant, in addition to pay as second lieutenant, four hundred dollars: Provided, That the sum paid to said officer shall not exceed one thousand eight hundred dollars per annum.

For pay of treasurer, quartermaster, and commissary of cadets, in addition to pay as captain of infantry, seven hundred dollars.

For pay of one master of the sword, one thousand five hundred dollars.

For pay of cadets, one hundred and sixty thousand dollars; and no cadet shall receive more than at the rate of five hundred and forty dollars a year.

For pay of the teacher of music, one thousand and eighty dollars. For pay of the Military Academy band, nine thousand two hundred and forty dollars; which shall be in full for the pay of the said band for the year ending June thirtieth, eighteen hundred and eighty-eight, any law to the contrary notwithstanding.

For additional pay of professors and officers (on increased rank) for length of service, ten thousand six hundred and ninety dollars. For current expenses as follows:

For repairs and improvements, timber, planks, boards, joists, wallstrips, laths, shingles, slate, tin, sheet-lead, zinc, nails, screws, locks, hinges, glass, paints, turpentine, oils, varnish, brushes, stone, brick, flag, lime, cement, plaster, hair, sewer and drain pipe, blasting-powder, fuse, iron, steel, tools, mantels, and other similar materials, and for pay of overseer and master builder and citizen mechanics and labor employed upon repairs and improvements that cannot be done by enlisted men, ten thousand dollars.

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