CHAPTER 168. AN ACT PROVIDING FOR THE SALE OF THE KANSAS INDIAN LANDS IN KANSAS TO Whereas, the Secretary of the Interior, in pursuance of an act approved May eighth, eighteen hundred and seventy-two, has caused to be appraised the lands heretofore owned by the Kansas tribe of Indians, in the State of Kansas, which by the terms of the treaty made by the United States and said Indians, and proclaimed November seventeenth, eighteen hundred and sixty, were to be sold for the benefit of said Indians; which appraisement alsó includes all improvements on the same, and the value of said improvements; distinguishing between improvements made by members of said Indian tribe, the United States, and white settlers; and Whereas the appraisement thus made was so high that neither settlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act; Therefore, Be it enacted, &c. July 5, 1876. 19 Stat. L., 74. Bona-fide settlers [SECTION 1], That each bona fide settler on any of the trust lands embraced in said act, heretofore reported as such by the commissioners on Kansas Indian lands may make appointed to make said appraisement, and the rejected claimants as payment for lands. bona fide settlers, who were recommended as such by Andrew C. Will- 1880, March 16, iams, acting under instructions to superintendent Hoag, from the Indian ch. 39. Office, dated October, twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land-office at Topeka, Kansas, under such rules as the Commissioner of the General Land Office may adopt, in six equal annual instalments; the first instalment payable on the first of January, eighteen hundred and seventy-seven, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid: Provided, That where there is timber on any of the lands to be sold not to commit under the provisions of this act, the Secretary of the Interior shall re- waste on timber quire the purchaser to enter into bond, with approved security, that he till last payment. shall commit no waste on the timber, or otherwise on said land until the last payment is made. Remainder of settlers. SEC. 2. That all the remainder of the trust-lands and of the undisposed portion of the diminished reserve shall be subject to entry at the local trust-lands subject land office at Topeka, Kansas, in tracts not exceeding one hundred and to entry by actual sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, only by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe. And the parties making such entries shall be required to make pay--payment for, ment of the appraised value of the land entered and occupied by each, how made. in the following manner: One sixth at the time that the entry is made, and the remainder in five equal annual payments, drawing interest at six per centum per annum, and the Secretary of the Interior shall withhold title until the last payment is made; And the Secretary of the Interior, where there is timber on the lands, bond against shall, in addition, compel the purchaser to enter into bond, with ap- committing waste. proved security, to commit no waste by the destruction of timber or otherwise, on the premises, until final payment has been made; And the Secretary of the Interior shall cause patents in fee-simple to patents to issue. be issued to all parties who shall complete purchases under the provisions of this act: Failure to make Provided, That if any person or persons applying to purchase land payment to work under the provisions of this act shall fail to make payment or to perforfeiture, &c. form any other conditions required by the provisions of this act, or by rules and regulations that may be prescribed in the execution hereof, within ninety days after such payment shall become due, or performance be required by the terms hereof, or by the rules and regulations which may be prescribed in the execution hereof, such person or persons shall forfeit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale as though no action had been had in regard to the same. Secretary of Interior may cause new appraisement. 1880, March 16, ch. 39. Testimony for settlers and pur chasers; how taken and for warded. 1880, March 16, ch. 39, § 3. SEC. 3. That the Secretary of the Interior shall inquire into the correctness of the appraisement of these lands; and if he be satisfied that they have been appraised at more than their present cash value, he may appoint a new commission of three persons to re-appraise the same; the per diem and expenses of which, at the rates heretofore paid to such commissioners, shall be deducted from the proceeds of said lands. SEC. 4. That in preparing or giving their testimony, all settlers or purchasers of land under the provisions of this act may have such testimony taken, after due and legal notice to the opposing party in interest, before any notary public or person qualified to administer an oath, and may forward such testimony with their application to the land offices or parties authorized to dispose of said lands, which testimony shall be received as if taken before the officers of such land office. Net proceeds of SEC. 5. That the net proceeds arising from such sales, after defraying sales; how dis- the expenses of appraisement and sale, which have heretofore or may hereposed of. after be incurred, and also the outstanding indebtedness, principal and interest, of said Kansas tribe of Indians, which has heretofore been incurred under treaty stipulations, shall belong to said tribe in common, and may be used by the Commissioner of Indian Affairs, under direction of the President of the United States, in providing and improving for them new homes in the Indian Territory, and in subsisting them until they become self-sustaining; and the residue, not so required, shall be placed to their credit on the books of the Treasury, and bear interest at the rate of five per centum per annum, and be held as a fund for their civilization, the interest of which, and the principal, when deemed necessary by the President of the United States, may be used for such purpose: Act subject to Provided, That no proceedings shall be taken under this act until the assent of Kansas said Kansas Indians shall file their assent thereto with the Secretary of Indians. the Interior(1) [July 5, 1876.] NOTE.-(1) On the 31st of May, 1877, the Kansas Indians agreed in council to the stipulations of this act upon condition that the three appraisers to be appointed should be nominated respectively by the Commissioner of Indian Affairs, the superintendent of the Central superintendency, and the agent for the Osages. This condition was acquiesced in by the Secretary of the Interior, and the appraisers were appointed accordingly. July 8, 1876. 19 Stat. L., 76. CHAPTER 172. AN ACT AUTHORIZING THE NEBRASKA CITY BRIDGE COMPANY TO CONSTRUCT A PON- Ponton railway SECTION Suits for obstruction of river; where to be tried. 3. Act may be amended, &c. When and how alterations may be made. 4. Regulations for security of navigation. Plans. [SECTION 1], That it shall be lawful for the Nebraska City Bridge transit and wagon Company, a corporation having authority from the State of Nebraska and from the State of Iowa, its successors and assigns, to build, main- bridge at Nebraska tain, and operate a ponton railway-transit and wagon-bridge across the City may be constructed by bridge Missouri River at Nebraska City, in the county of Otoe, and State of company. Nebraska; And said company, its successors or assigns, shall keep up or maintain a suitable ponton-draw of not less than three hundred feet in length; and that said draw shall be opened promptly, upon reasonable signal, for the passage of boats or rafts; but in no case shall unreasonable delay occur in the opening of said draw before or after the passage of trains; - Draw in. And the company, corporation, or individuals having the charge or Lights upon. control of said bridge shall, for the security of navigation, maintain, from sunset to sunrise, throughout the year, such lights on said bridge as may be required by the Light-House Board. All railway com SEC. 2. That all railway-companies desiring to use said ponton-bridge shall have, and be entitled to, equal rights and privileges in the use of panies may use the bridge. the same, and in the use of the machinery and fixtures thereof, and of all 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; And the United States shall have the right of way for postal and telegraphic purposes across said bridge; and no greater charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; And in case of any litigation arising from any obstruction, or alleged obstruction, to the navigation of the said Missouri River, created by the construction of said bridge under this act, the cause or question arising may be tried before the district or circuit court of the United States of any State wherein the obstruction exists. United States to have right of way for postal service, &c. Suits for obstruction of river; where to be tried. Act may be SEC. 3. That the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said Missouri amended, &c. River is hereby expressly reserved, without any liability to the Government for damages on account of the alteration or amendment of this act, or on account of the prevention or requiring the removal of any such obstructions; And if any change be made in the plan of construction of said ponton-bridge, such change shall be subject to the approval of the Secretary of War; and any change in the construction or any alteration of said bridge that may be directed at any time by Congress or the Secretary of War shall be at the cost and expense of the owners thereof. Said bridge shall be constructed, as near as may be practicable, upon the line heretofore surveyed and established by the Nebraska City Bridge Company. Alterations; when and how may be made. Location. Regulations for tion. 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 navigasecurity 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 [July 8, 1876.] Plans. CHAPTER 179. AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE DEPART- July 12, 1876. 19 Stat. L., 78. SECTION Advertisements 1. Par. 1. Advertisements of general mail-let- Par. 2. Compensation to railroads for carrying 4. Report of Sixth Auditor; what to show, &c.; 5. Postmasters to be divided into four classes, 6.appointment and removal and term of office. Duplicate returns of postmasters may be re- Box-rents; how estimated. 8. Salaries of postmasters of fourth class. Be it enacted, &c. [SECTION 1.] [Par. 1.] That the Postmaster General shall cause advertisements of of general mail-let- all general mail-lettings of each State and Territory to be conspicuously tings to be posted, &c., and no others posted up in each post office in the State and Territory embraced in said advertisements for at least sixty days before the time of such general R. S., §§ 3826- letting; and no other advertisement of such lettings shall be required; 3828, 3941. but this provision shall not apply to any other than general mail-let1875, March 3, tings.(1) ch. 128. required. 1878, May 17, ch. 107. 1879, March 3, ch. 180, § 1, par. 2. 1881, March 1, ch. 96, § 1, par. 1. Compensation to railroads for carrying mail to be re duced. 1875, March 3, ch. 128. * [Par. 2.] That the Postmaster General be, and he is hereby, authorized and directed to readjust the compensation to be paid from and after the first day of July, eighteen hundred and seventy-six, for transportation of mails on railroad-routes by reducing the compensation to all railroad companies for the transportation of mails ten per centum per annum from the rates fixed and allowed by the first section of an act entitled "An act making appropriations for the service of the Post15 Opin. Att'y- Office Department for the fiscal year ending June thirtieth, eighteen Gen., 169, 182, 482, hundred and seventy-four, and for other purposes," approved March third, eighteen hundred and seventy-three, for the transportation of 16 Opin. Att'y-mails on the basis of the average weight.(2) 1878, June 17, ch. 259, § 1. 610. Gen., 196. * Report of Sixth SEC. 4. That the annual reports of the Auditor of the Treasury for the Auditor; what to Post-Office Department to the Postmaster General shall show the finanshow, and to be cial condition of the Post-Office Department at the close of each fiscal R. S., §§ 196, 277, year, and be made a part of the Postmaster-General's annual report to Congress for that fiscal year. sent to Congress. par. 7. Repeal of. That section eleven of the act approved June twenty-third, eighteen 1874, June 23, ch. hundred and seventy-four, be, and is hereby, repealed, and that the fol 456, § 11. lowing be enacted in lieu thereof. SEC. 5. That the postmasters shall be divided into four classes, as fol Postmasters to be divided into lows: four classes. R. S., § 3852. The first class shall embrace all those whose annual salaries are three thousand dollars or more than three thousand dollars; The second class shall embrace all those whose annual salaries are less NOTES. (1) This provision is repeated in the act of 1877, ch. 110 (19 Stat. L., 383), and 1878, ch. 259 (20 (2) The provisions of the act of 1873, ch. 231, § 1 (17 Stat. L., 556), here referred to, are incorporated into Revised Statutes in § 4002. sation, exclusive of their commissions on the money-order business of their offices, amounts to less than one thousand dollars. SEC. 6. Postmasters of the first, second, and third classes shall be Postmasters; ap appointed and may be removed by the President by and with the advice pointment, re and consent of the Senate, and shall hold their offices for four years office of. moval, and term of unless sooner removed or suspended according to law; and postmasters of the fourth class shall be appointed and may be removed by the Postmaster-General, by whom all appointments and removals shall be notified to the Auditor for the Post-Office Department. R. S., § 3×30. Salaries of post SEC. 7. That the respective compensations of postmasters of the first, second, and third classes shall be annual salaries, assigned in even hun- masters of first dreds of dollars, and payable in quarterly payments, to be ascertained three classes; how and fixed by the Postmaster General from their respective quarterly refixed and paid. R. S., § 3852turns to the Auditor for the Post-Office Department, or copies or dupli- 3860. cates thereof, for four quarters immediately preceding the adjustment or re-adjustment, by adding to an amount of the box-rents of the office received or estimated not exceeding thirteen hundred and fifty dollars when the boxes are supplied and owned by the postmaster, and two thirds of the box-rents, and not to exceed one thousand dollars when the boxes are not supplied and owned by the postmaster, commissions on all other postal revenues of the office to an amount not exceeding thirteen hundred and fifty dollars, at the following rates, namely: On the first one hundred dollars per quarter, sixty per centum; On all over one hundred dollars and not over three hundred dollars per quarter, fifty per centum On all over three hundred dollars and not over seven hundred dollars per quarter, forty per centum; And thirty per centum on all revenues exceeding seven hundred dollars per quarter, But the aggregate of the said commissions not to exceed thirteen hundred and fifty dollars; And at all offices where the total revenues exceed, respectively, four thousand dollars per annum, there shall be added to the compensation herein before provided from box-rents and commissions a percentage of the gross revenues at the following rates, namely: One per centum on all sums over four thousand dollars and not exceeding ten thousand dollars; Nine-tenths of one per centum on all sums over ten thousand dollars and not exceeding twenty thousand dollars; Eight-tenths of one per centum on all sums over twenty thousand dollars and not exceeding forty thousand dollars; Six-tenths of one per centum on all sums over forty thousand dollars and not exceeding eighty thousand dollars; Five-tenths of one per centum on all sums over eighty thousand dollars and not exceeding one hundred and sixty thousand dollars; Four-tenths of one per centum on all sums over one hundred and sixty thousand dollars and not exceeding three hundred and twenty thousand dollars; Three-tenths of one per centum on all sums over three hundred and twenty thousand dollars and not exceeding six hundred and forty thousand dollars; Two-tenths of one per centum on all sums [not] over six hundred and forty thousand dollars and not exceeding one million two hundred and out by resolution of eighty thousand dollars; And one-tenth of one per centum on all sums exceeding one million two hundred and eighty thousand dollars; And in order to ascertain the amount of the postal receipts of each office, the Postmaster-General may require postmasters to furnish duplicates of their quarterly returns to the Auditor at such times and for such periods as he may deem necessary in each case: "Not" stricken 1876, July 25, No. 18, p. 255. Duplicate returns of postmasters may be required. Box-rents; how Provided, That at offices where the letter-carrier system is now, or may hereafter be, established, the box-rents, in fixing the compensation estimated, |