to authorize the refunding of the national debt," approved July fourteenth, eighteen hundred and seventy. APPROVED, May 23, 1872. CHAP. CXCVIII. - An Act to amend an Act entitled "An Act to establish a uniform May 23, 1872. Time for holding Elections for Electors of President and Vice-President in all the States of the Union," approved January twenty-third, eighteen hundred and forty-five. tial electors, &c., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if by the now existing Election to laws of any State the election commencing on the Tuesday next after the choose Presidenfirst Monday in November, eighteen hundred and seventy-two, for the in November, purpose of choosing electors of President and Vice-President in such 1872, in any State shall be required to be continued for more than one day, then said tinued for more election shall be continued the number of days required by the laws of than one day, if, such States. APPROVED, May 23, 1872. CHAP. CXCIX. · State to be con &c. An Act to establish the Collection District of Du Luth, and to create May 23, 1872. Saint Paul, in the Collection District of Minnesota, a Port of Delivery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a new collection district, Collection disto be called the district of Du Luth, be, and the same is hereby, estab- trict of Du Luth, lished, which shall embrace all the territory, harbors, rivers, and waters to include what. established, and bordering on Lake Superior, and lying in the State of Minnesota, and a collector shall be appointed, to reside at Du Luth, which shall be the port of entry for said district. And the said collector shall receive the same compensation provided for the collectors of Pembina, Chicago, and certain tor 1864, ch. 130, other ports, by the second section of the act entitled "An act to regulate § 2. the foreign coasting trade on the northern, northeastern, and northwestern Vol. xiii. p. 134. frontiers of the United States, and for other purposes," approved June seventeenth, eighteen hundred and sixty-four. SEC. 2. That Saint Paul, in the State of Minnesota, be, and the same is hereby, created and established a port of delivery in the collection district of Minnesota, and that a deputy-collector shall be appointed to reside thereat, at a compensation not to exceed the sum of one thousand dollars per annum. APPROVED, May 23, 1872. Pay of collec Saint Paul, Minn., made a May 23, 1872. Post, p. 192. CHAP. CC.- An Act to create an additional Land District in the State of Kansas. Be it enacted by the Senate and House of Representatives of the United See 1872, ch. 241. States of America in Congress assembled, That all that portion of the Republican land district in the State of Kansas, lying and being situated west of the first guide-meridian west of the sixth principal meridian be, Kansas estaband hereby is, constituted a new land district, to be called the North- lished. western land district. SEC. 2. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and a receiver for said district, who shall discharge like and similar duties, and receive the same amount of compensation allowed to other officers discharging like duties in the other land-offices of said State. APPROVED, May 23, 1872. Northwestern land district in Register and receiver, their duties and pay. CHAP. CCI. — An Act to provide for holding the United States District Court in the May 23, 1872, "City of Toledo. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be two terms of the United States district court for the northern district of Ohio held United States Terms of district court to in the city of Toledo, Ohio, in each year from and after the passage of be held at Toledo. this act, the time and the length of the terms to be fixed by the judge of May 23, 1872. rers in criminal cases in United States courts are said court. APPROVED, May 23, 1872. CHAP. CCII. — An Act to regulate criminal Practice in the federal Courts. Be it enacted by the Senate and House of Representatives of the United When demur- States of America in Congress assembled, That in every case where a demurrer is interposed to an indictment, or to any count or counts thereof, or to any information in any court of the United States, and such demuroverruled, judg- rer shall be overruled by the court, the judgment thereupon shall be ment of respon- respondeat-ouster; and thereupon a trial may be ordered at the same term, or a continuance may be ordered as justice may require. APPROVED, May 23, 1872. deat-ouster to be entered. Trial. May 23, 1872. CHAP. CCIII. - An Act giving the Assent of Congress to the Subscription of the District of Columbia to the Stock of the Piedmont and Potomac Railroad Company. Act authorizing the District of Columbia to subscribe to stock of the Piedmont and Potomac R.R. Co., approved. Conditions of subscription to the stock. May 23, 1872. in Wyoming Territory reserved for the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the legislative assembly of the District of Columbia entitled "An act to authorize a subscription to the stock of the Piedmont and Potomac Railroad Company upon certain conditions" be, and the same is hereby, approved and sanctioned: Provided, That before any part of the said subscription shall be paid the governor and the board of public works, acting separately, shall be satisfied that said railroad will be completed and used to a point on the Potomac river opposite the city of Washington or Georgetown by the aid of said subscription: And provided, That no part of the said subscription by said district shall be paid until one million dollars shall have been subscribed by private parties and shall have been actually paid in cash and expended in the construction of the road: And provided further, That the said Piedmont and Potomac Railroad Company shall enter into bonds in the sum of eight hundred thousand dollars, with good and sufficient individual sureties, to be approved by the governor of the District of Columbia and Secretary of the Treasury of the United States, conditioned for the repayment, with interest, of the money subscribed to the capital stock of the said company by the said district, if the said company shall fail to complete the said road for the running of cars within three years from the acceptance of the six hundred thousand dollars to be subscribed by the said district; and no part of such subscription shall be paid until such bond be given, approved, and filed in the office of the secretary of the District of Columbia: And provided further, That the tax levied by authority of this said act shall not exceed thirty-six thousand dollars for interest in any one year: And provided also, That no bonds to raise the funds that may be required to pay the said subscription shall be disposed of by said district at less than par. APPROVED, May 23, 1872. CHAP. CCIV. — An Act to withdraw from Settlement and Sale a certain Section of Be it enacted by the Senate and House of Representatives of the United Section of land States of America in Congress assembled, That section thirty, township fourteen north, range sixty-seven west, of the public lands in Laramie county, Wyoming Territory, be, and the same is hereby, withdrawn from settlement and sale under existing laws, and reserved for the use of the city of Cheyenne, in said county, for the purpose of enabling the proper authorities of said city to construct and maintain on said land a reservoir of water for the supply of said city. use of the city of Cheyenne for supply of water. Who to occupy SEC. 2. That said section of land shall, for the purpose named in the States if, &c. first section of this ast, be subject to occupancy and control by the board and control the of trustees of said city of Cheyenne, and their successors in office: Pro- land. vided, That if at any time the said board of trustees shall occupy, or per- Land to revert mit to be occupied, said land for any purpose not contemplated by this to the United act, or shall fail for the period of two years to commence the use of it for said purpose, or shall abandon the same, the said land shall revert to the United States: Provided further, That nothing in this act contained shall be construed or have the effect to impair the rights of any person in or not affected. to any portion of said lands, acquired under any law of the United States. APPROVED, May 23, 1872. Private rights May 23, 1872. Certain lands State of Alabama CHAP. CCV.- An Act relating to certain Lands in the State of Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the lands heretofore certified to the State of Alabama by the commissioner of the general confirmed to the land office for the benefit of the railroad from Selma to Gadsden, then for the use of the known as the Alabama and Tennessee River railroad, under act of Con- Selma, &c., R. gress, entitled "An act granting public lands in alternate sections to the B. Co. State of Alabama to aid in the construction of certain railroads," approved June third, eighteen hundred and fifty-six, be, and the same are hereby, confirmed to the said State of Alabama for the sole use and benefit of the Selma, Rome, and Dalton Railroad Company, the successors of the said Alabama and Tennessee Railroad Company. 1856, ch. 41. Vol. xi. p. 17. Right of way SEC 2. That the right of way and use of a strip of land one hundred feet in width from the centre and on each side of the said railroad, as the to said road over any public lands same is now located and constructed, upon and over any lands of the in Alabama. United States in the State of Alabama, be, and the same is hereby, granted to the said Selma, Rome, and Dalton Railroad Company. APPROVED, May 23, 1872. CHAP. CCVI. — An Act to provide Homes for the Pottawatomie and Absentee Shawnee May 23, 1872. Indians in the Indian Territory. to each member Certificates of allotments, how Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior Allotments of be, and he is hereby, authorized and directed to issue certificates by which land to be made allotments of land lying within the thirty-mile square tract heretofore of the Pottawaselected for the Pottawatomie Indians, and lying next west of the Seminole tomie citizen reservation in the Indian Territory, shall be made to each member of the band; Pottawatomie band, known as the Pottawatomie citizen band, as follows, viz.: To each head of a family, and to each other member twenty-one years quantity to of age, not more than one-quarter section, and to each minor of the tribe each. not more than eighty acres; and such allotments shall be made to include, as far as may be practicable for each family, the improvements which they may have made. Certificates of such allotments shall be made in severalty, specifying the names of individuals to whom they have been assigned, and that said tracts are set apart for the exclusive and perpetual use and benefit state what. of such assignees and their heirs. Until otherwise provided by law such Lands to be tracts shall be exempt from levy, taxation, or sale, and shall be alienable in exempt, &c., and alienable, fee, or leased or otherwise disposed of only to the United States, or to per- &c. sons of Indian blood, lawfully residing within said Territory with permission of the President and under such regulations as the Secretary of the Interior shall prescribe: Provided, That such allotments shall be made to such of Residence. the above-described persons as have resided or shall hereafter reside three years continuously on such reservation, and that the cost of such lands to the Cost, and how United States shall be paid from any fund now held, or which may be here- paid. after held by the United States for the benefit of such Indians, and charged as a part of their distributive share, or shall be paid for by said Indians made, and to Indians to acquire no more rights than, &c.; before such certificates are issued: Provided, Said Pottawatomie Indians shall neither acquire nor exercise under the laws of the United States any rights or privileges in said Indian territory, other than those enjoyed by the members of the Indian tribes lawfully residing therein. And for the protection of the rights of persons and property among themselves, they may enforce the laws and usages heretofore enforced among them as an Indian tribe, not inconsistent with the Constitution and laws of the United entitled to rep-States, and shall be entitled to equitable representation in the general territorial council, and subject to the general laws which it may legally may enforce usages; resentation. Allotments of land to the Absentee Shawnee Indians; to whom and and how made, &c. May 23, 1872. Chicago and Northwestern Railway company may change part of its line of road. enact. SEC. 2. When it shall be shown to the satisfaction of the Secretary of the Interior that any Indian of pure or mixed blood of the Absentee Shawnees, being a head of a family, or a person over twenty-one years of age, has resided, continuously, for the term of three years within the thirty-mile square tract lying west of the Seminole reservation in the Indian territory, and has made substantial improvements thereon, it shall be the duty of the Secretary of the Interior to issue to said Indian a certificate of allotment for eighty acres of land, to include, so far as may be practicable, his or her improvements, together with an addition of twenty acres for each child under twenty-one years of age belonging to the family of said Indian, which certificate shall include the same provisions as are included in the certificates of allotments of lands to be issued under the provisions of the first section of this act. APPROVED, May 23, 1872. CHAP. CCVII. An Act to authorize the Chicago and Northwestern Railway Company to change their projected Line of Railway in the State of Michigan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chicago and Northwestern Railway Company are hereby authorized to change and relocate that part of their projected line of railway "from the city of Fond du Lac, in the State of Wisconsin, northerly to Esconaba, in the State of Michigan," which lies in said State of Michigan, so as to run said line from "at or near the mouth of the Menomonee river to Esconaba," on such line within the limits of the land grant reserved for the use of said company, now on file in the office of the commissioner of the general land office, as they may deem most advantageous, and shall cause a plat of their line, as relocated, to be filed in said office within six months of Former grants the passage of this act: Provided, That the grant of lands heretofore made to aid in the construction of said railroad shall not be increased or changed in any respect whatever by the change of line hereby authorized. APPROVED, May 23, 1872. of lands not affected. May 25, 1872. See 1872, ch. 281. built across the Iowa. Railway tracks. СНАР. ССХІІІ. An Act to authorize the Construction of a Bridge, and to establish the same as a Post-road. Be it enacted by the Senate and House of Representatives of the United Bridge may be States of America in Congress assembled, That it shall be lawful for any Mississippi river person or persons, company or corporation, having authority from the at Fort Madison, States of Iowa and Illinois, to build a bridge across the Mississippi river at Fort Madison, Iowa, and to lay on or over said bridge railway-tracks, for the more perfect connection of any railroads that are or shall be constructed to the said river at or opposite said point, 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, the cause may be tried before the district court of the United States of any State in which any portion of said obstruction or bridge touches. Navigation not to be interfered with. Litigation in courts of the United States. con or unbroken spans; SEC. 2. That any bridge built under the provisions of this act may, at Bridge may be the option of the company building the same, be built either as a pivot built with draw drawbridge, with a pivot or other form of draw, or with unbroken or continuous spans : Provided, That if the said bridge shall be made with unbroken and continuous spans, it shall not be of less elevation in any broken spans; case than fifty feet above high-water mark, as understood at the point of location, to the bottom chord of the bridge, nor shall the spans of said bridge be less than two hundred and fifty feet in length; 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 not less than three hundred feet in length: And provided also, That if any bridge built under if as drawthis act shall be constructed as a pivot drawbridge, the same shall be bridge. structed with a draw over the main channel of the river at an accessible and navigable 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, if the proper location of the draw over the channel will admit spans of this width between it and the shore, and said spans shall not be less than thirty feet above low-water mark and not less than ten above extreme high-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the river where said bridge may be erected: And provided also, That said draw shall be opened promptly, upon reasonable signal, for the passage of boats, and in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains. SEC. 3. That any bridge constructed under this act, and according to its Bridge to be a limitations, shall be a lawful structure, and shall be known and recognized as 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 than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge; and the United Postal teleStates shall have the right of way for postal-telegraph purposes across said graph. bridge. SEC. 4. That all railway companies desiring to use the said bridge shall have and be entitled to equal rights and privileges in the passage of the same and in the use of the machinery and fixtures 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. Piers. Draw to be opened promptly. lawful structure and post-route. Charges. Railway companies to have equal rights. Terms, &c. SEC. 5. That the structure herein authorized shall be built and located__Secretary of under and subject to such regulations for the security of navigation of said War to prescribe regulations for river as the Secretary of War shall prescribe; and to secure that object the locating and said person or persons, company or corporation, shall submit to the Secre- building bridge. tary of War, for his examination and approval, a design and drawings of Map, plans, the bridge and piers, and a map of the location, giving, for the space of at drawings, &c. least 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 loca- Bridge not to tion of the bridge are approved by the Secretary of War, the bridge shall be built until, not be built; and if any change be made in the plan of construction of said plans, &c., are bridge during the progress of the work thereon, or before the completion Changes in of said bridge, such change shall be subject to the approval of the Secre- plans, &c. tary of War; 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 the said structure shall be changed at the cost and expense of the owners thereof, from time to time, as Con VOL. XVII. PUB. - 11 approved. |