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“Sec. 3. The Territorial treasurer is hereby authorized and directed, Bond leue. when required by the board of control, to issue bonds as hereinbefore provided, in denominations of five hundred and one thousand dollars each, payable fifty years after date, in any amount not to exceed twenty thousand dollars, during the current year ending July first, nineteen hundred and three, nor to exceed the sum of ten thousand dollars in any one year, ending July first, thereafter; and said bonds shall not exceed in the aggregate the sum of more than one hundred thousand dollars, said bonds to be in the following form, to wit:

“No. ** Bonds of the Territorial Asylum for the Insane, Territory of Arizona.

"For value received, fifty years after date, the Territory of Arizona promises to pay to the order of the governor of the Territory of Arizona dollars, with interest at the rate of per centum per annum from date until paid, payable semiannually on the first day of January and the first day of July of each year; principal and interest payable in gold coin of the United States, at the office of the Territorial treasurer. "Phoenix, Arizona. "This bond is redeemable twenty-five years after the date of issue. “Dated at Phoenix, Arizona, this day of ,190

“Territorial Auditor. “Sec. 4. All such bonds shall be signed by the auditor of the Terri. Form of desde. tory in his own proper name, affixing his official character, and shall be indorsed by the governor of the Territory with his proper name, affixing his official character, and shall be delivered by the auditor of the Territory to the Territorial treasurer, who shall be charged with the full amount of the bonds so delivered.

"At the time of issuing said bonds under the provisions of this act, the Territorial treasurer shall sign them with his own proper name, affixing his official character and the seal of his office; said signing and sealing shall bind the Territory. The Territorial treasurer shall in the same manner sign the interest coupons thereto attached as herein provided, and the said coupons for the interest accruing on the said bonds shall be attached to said bonds in such manner that they may be detached without mutilating the bond and shall be severally numbered from one to one hundred, inclusive, each interest coupon to bear the number of the bond to which it is attached.

"The treasurer shall keep a register of all bonds issued by him, and shall deliver the same to the board of control of the Territory of Arizona on demand.

"SEC. 5. Said board of control of the Territory of Arizona shall Not to be sold for dispose of said bonds at as high rate as possible and convert the said bonds into cash: Provided, That in no case shall the said bonds of the Territorial Asylum for the Insane be sold or disposed of by them for less than par.

"The Territorial treasurer shall pay the interest on said bonds when due, taking the coupons as his vouchers therefor; and shall retain in bis hands sufficient money from the interest fund for the payment of the interest on said bonds of the Territorial Asylum for the Insane, and shall in addition retain in his hands, out of the general fund of the Territory, an amount sufficient for the legitimate and actual expenses of preparing and issuing of bonds as hereinbefore provided.

"Sec. 6. The boards of supervisors of all of the counties of the Ter- Annual tax to pay ritory of Arizona, or such other officers as are required by law to levy assessments, are hereby directed and required to levy an annual tax, in addition to the amount levied for other purposes, sufficient to meet the interest on the bonds as herein provided. The amount of each tax

less than par.


Sinking fund.


levy shall be determined by the board of equalization, which said board shall notify the proper county officer of each county of the amount of said tax levy, and the tax when collected shall be paid into a separate fund, to be known as the interest fund for the payment of interest on the bonds of the Territorial Asylum for the Insane. If any surplus remains in the said interest fund after the payment of interest then due, the board of control may by resolution transfer the said surplus remaining in the interest fund of the Territorial Asylum for the Insane to the bond-redemption fund for the Territorial Asyluin for the Insane.

“Sec. 7. Fifteen years after the date of this act, in the year nineteen hundred and eighteen, and annually thereafter and until the bonds as herein provided shall have matured, there shall be levied an additional tax upon all taxable property, real or personal, in the Territory of Arizona in the same manner as other taxes are levied to create a sufficient sinking fund to redeem the bonds as herein provided when the same shall have become redeemable or due and payable.

“The manner and amount of each tax levy shall be determined as provided in sections five and six of this act for the payment of interest on the bonds, except that the money shall be kept in a separate fund by the Territorial treasurer, which said fund shall be known as the sinking fund for the redemption of the bonds of the Territorial Asylum for the Insane.

“SEC. 8. Wbenever, after the expiration of the twenty-five years from the date of the issuance of any bond under this act, there shall be in the sinking fund for the redemption of bonds of the Territorial Asylum for the Insane the sum of two thousand five hundred dollars or more, it shall be the duty of the Territorial treasurer to advertise for the space of thirty days, in like manner as hereinafter provided, for the sale of said bonds, which advertisement shall state the amount in the sinking fund, and the number of bonds, numbering them in the order of their issuance, beginning with the lowest number then outstanding, which said fund is set apart to pay and discharge, and if said bonds so numbered in such advertisement shall not be presented for payment and cancellation at the expiration of said publication, then said fund shall remain in the treasury to discharge such bonds whenever presented, but each bond so advertised shall draw no interest after such publication. Before any such bonds shall be paid they shall be presented to the Territorial auditor, who sball indorse on each bond the amount due thereon, and shall write across the face of each bond the date of its surrender and the name of the person surrendering the same.

“SEC. 9. Before the sale of any of the said bonds of the Territorial Asylum for the Insane, the board of control of the Territory of Arizona shall cause notice of such sale to be published for the space of thirty days in four daily newspapers published in the English language, as follows:

“One in the city of New York, State of New York.
“One in the city of Chicago, State of Illinois.
“One in the city of San Francisco, State of California.
“One in the city of Phoenix, Territory of Arizona.

“Such notices shall specify the amount of the bonds to be sold, the rate of interest they shall bear, or in lieu of a fixed rate of interest a request for bids for the lowest rate of interest on the par value of said bonds, or both said proposals, as the board of control may determine, the place, date, and hour of the sale. The sealed proposals shall be received by the said board of control for the purchase of said bonds, within one month from the expiration of said publication, and at the place and on the date and hour named in said notice. Said board of

Notice of sale.

Security required.


control shall open all sealed proposals received by it, and shall award the purchase of said bonds to the bighest bidder or bidders therefor: Provided, That said board of control may reject any and all bids if


Rejection of bids. they deem it to the advantage of the Territory of Arizona: And pra vided further, That they may reject any and all bids unless security shall be furnished by the bidder or bidders for compliance with the terms thereof, or if in the judgment of the said board of control such rejection will benefit the Territory. *Sec. 10. That in addition to the powers expressly conferred or acts Additional powers

of board of control. directed to be performed herein, the said board of control of Arizona is by this act authorized, empowered, and directed to do and perform whatever act or acts are necessary to be performed in the premises, to fully carry out and complete the terms, intént, and purposes of this act.

“Sec. 11. This act is subject to approval and ratification by the Approval, etc., by Congress of the United States.

“Sec. 12. This act shall take effect and be in force from and after Effect its approval by the Congress of the United States.

“E. S. IVES,

“President of the Council. “THEODORE T. POWERS,

“Speaker of the House. “Approved, March 19, 1903.


“Governor.” Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said Act Numbered Act authorizing

Bond issue for TerriSeventy-three of the said legislative assembly of the Territory of torial Insane Asylum, Arizona, approved March nineteenth, nineteen hundred and three, be, and the same is, in all of its parts and in all things, hereby approved, ratified, and confirmed.

Sec. 2. That this Act shall take effect and be in force from and after Effect. its passage.

Approved, March 24, 1904.

ratified, eto.

[H. R. 3565.]

Sabine Lake, Tex.
Construction of

CHAP. 836.-An Act Directing the Secretary of War to expend one hundred and March 25, 1904. twenty-five thousand dollars heretofore appropriated for a channel through Sabine Lake, Texas.

[Public, No. 69.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is Sabine Lake, Tex. bereby authorized and directed to use and expend the one hundred ard channel through. twenty-five thousand dollars appropriated by an Act entitled “An Expenditure of forAct making appropriations for the construction, repair, and preserva- thorized

Vol. 32, p. 356. tion of certain public works on rivers and harbors, and for other purposes," approved June thirteenth, nineteen hundred and two, for the purpose of improving mouths of Sabine and Neches rivers, Texas, in accordance with House Document Numbered Two hundred and ninetynine, Fifty-fourth Congress, second session, by connecting the same with Sabine Pass by a channel eight feet deep through Sabine Lake, in excavating and constructing a channel eight or more feet deep from the mouths of the Sabine and Neches rivers, at or near the west shore of Sabine Lake, to Taylors Bayou, a navigable stream in the State of Texas.

Approved, March 25, 1904.

pany may bridge.



March 25, 1904. CHAP. 887.-An Act Providing for the construction of a bridge across the Red [H. R. 9319.)

River of the North at Fargo, North Dakota. [Public, No. 70.)

Be it enacted by the Senate and House of Representatives of the United Red River of the States of America in Congress assembled, That the Fargo and MoorFargoand Moorhead head Street Railway Company, a corporation duly organized under

the general incorporation laws of the State of North Dakota, its successors and assigns, is hereby authorized to construct and maintain a bridge across the Red River of the North between the city of Fargo, Cass County, North Dakota, and the city of Moorhead, county of Clay, Minnesota, and also to lay on and over said bridge a railway

track or tracks for the passage of electric cars. Unobstructed navi. Sec. 2. That said bridge shall be constructed and built without intergation.

ference with the security and convenience of navigation of said river

beyond what is necessary to carry into effect the rights and privileges Secretariant, venter to hereby granted; and in order to secure that object the said 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-balf mile above and one-half 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 plans and location of the bridge are approved by the Secretary of War the bridge shall not be built: Provided, That said bridge shall be constructed as a pivot draw. bridge with a draw over the main channel of the river at an accessible and navigable point and with spans of not less than ninety feet in length in the clear on each side of the central or pivot pier of the draw, and the headroom under all river spans shall not be less than five feet above local high-water mark, and the piers of said bridge shall be built

with the current of said river and the bridge itself shall be as near at Opening draw.

right angles thereto as practicable: Provided also, That said draw shall be opened promptly upon the reasonable signal for the passing of boats;

the said corporation shall maintain at its own expense from sunset to Lights, etc.

sunrise such lights or other signals on said bridge as the Light-House Alds to navigation. Board shall prescribe: Provided also, That said corporation shall, at

its own expense, build and maintain under direction and supervision of the Secretary of War, such wing dams and booms or other works necessary to maintain the channel within the draw spans of said bridge, and shall, at its own expense, maintain a depth of water through its draw spans

of not less than that now existing, as shown by the report

of the War Department, at the point where said bridge may be located. Changes.

Sec. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satistied that the bridge built upon such plan, with such accessory works, and at such locality, will conform to the prescribed conditions of this Act, to notify said corporation that he approves the same; and upon such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and locatiou; and should any change be made in the plan of the bridge or accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War; and if any bridge erected under said authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause said change or alteration of said bridge to be made as will effectually obviate such obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of said corporation; and in case of any litigation arising from any obstruction, or


Existing laws not

Piling, etc., to be removed

Lawful structure

alleged obstruction, to the free navigation of said river, caused, or
alleged to be caused by said bridge, a-case may be brought in any court
of the United States in the State of North Dakota in wbich any portion
of said bridge may be located: Provided, That nothing in this Act
shall be so construed as to repeal or modify any of the provisions of affected.
law now existing in reference to the protection of the navigation of
rivers, or to exempt this bridge from the operation of the same: Pro-
rided further, That this bridge shall not be open to traffic until all
piling and other false work used in constructing the bridge shall have
been wholly removed, to the satisfaction of the Secretary of War.

SEC. 4. That said bridge and accessory works, when built and con- and post route. structed under this Act, and according to the terms and limitations thereof, shall be lawful structures, and said bridge shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troo and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to such bridge; and said bridge shall enjoy the rights and privileges of other post routes of the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges over said bridge. SEC. 5. That the United States shall have the right of way for such rights.

Telegraph, etc., postal telegraph lines across said bridge as the Government may construct or control. And all street-railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges upon reasonable terms relative to the passage of railway trains or cars over the same and over the approaches thereto, and all telephone and telegraph companies shall be granted equal rights and privileges in the construction and operation of their lines across the bridge.

Sec. 6. That this Act shall be null and void if actual construction of tion. the bridge herein authorized be not commenced within one year and completed within three years from the date of the approval thereof.

Sec. 7. That Congress reserves the right to alter, amend, or repeal this Act at any time.

Approved, March 25, 1904.


Use by other roads.

Time of construc


March 25, 1904.

(9. R. 6787.) [Public, No. 71.)

Bitter Root Valley, Mont.

Patents to certain

Vol. 20, p. 89.

CHAP. 838.-An Act To confirm and validate patents to certain lands situated in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all patents heretofore issued for lands in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River, designated in lavor. 17, p. med. the Act of June fifth, eighteen hundred and seventy-two, in desert entries, preemption entries, mining entries, entries under the Act of June third, eighteen hundred and seventy-eight, as extended to all the public-land States by the Act of August fourth, eighteen hundred and ninety-two, commonly known as the timber and stone law, and for lands selected for the benefit of the university of the State of Montana prior to the passage of the Act of August third, eighteen hundred and pinety-four, are hereby confirmed and said patents validated, to all intents and purposes the same as if the law under which said patents were issued was applicable to said lands.

Approved, March 25, 1904.

Vol. 27, p. 348.

Vol. 28, p. 222

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