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Vol. 31, p. 632.

and damage by the United States military authorities, for Government purposes during the war with Spain, of the buildings and grounds of the Indiana State board of agriculture, and the actual value of the use, occupation, and damage to same, and to find and award and to certify to the Secretary of the Treasury what amount, if any, is equitably due to said Indiana State board of agriculture from the United States, under the Act of June sixth, nineteen hundred, and amendments thereto, as the reasonable value of such use, occupation, and damage. Approved, April 7, 1904.

April 7, 1904. [H. R. 13480.]

[Public, No. 89.]

Wabash River.
Southern Indiana

County, Ind.

CHAP. 948.—An Act To authorize the Southern Indiana Railway Company to construct a railroad bridge across the Wabash River in Vigo County, Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for Railway Company the Southern Indiana Railway Company, a corporation created and may bridge, in Vigo existing by virtue of the laws of the State of Indiana, its successors or assigns, to build a bridge across the Wabash River at a point selected by the said railway company near the confluence of said river and Coal Creek, and near the section line dividing sections twenty-eight and thirty-three, township thirteen north, range nine west, in Vigo County, Indiana, and to lay on or over said bridge railway tracks for the connection of the railway tracks it may hereafter build to the point to be selected for crossing the said river.

Lawful structure and post route.

SEC. 2. That any bridge authorized to be constructed under this Act 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 post-roads in the United States, 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, or for through passengers or freight passing over said bridge, than the rate per mile for their transTelegraph, etc., portation over the railroads leading to the said bridge; and the United States shall have the right of way across said bridge for postal, telegraph, and telephone purposes, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies. Said bridge shall be built and located under and subject to such reguSecretary of War to lations for the security of navigation of said river as the Secretary of

rights.

approve plans, etc.

Changes.

Proviso.

Opening draw.
Lights, etc.

War shall prescribe; and to secure that object the said railway company 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 commenced or built; and should any change be made in the plan of said bridge during the progress of construction or after completion, such change shall be subject to the approval of the Secretary of War; and the said company shall, at its own expense, make from time to time such changes in said bridge as the Secretary of War may order in the interest of navigation: Provided, That if said bridge be built as a drawbridge the draw shall be promptly opened upon reasonable signal for the passage of boats, and whatever kind of bridge is built, the said company shall maintain thereon, at its own expense, from

sunset to sunrise, such lights or other signals as the Light-House Board may prescribe.

SEC. 3. That all railroad companies desiring the use of said bridge Use by other roads. shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same and the approaches thereto upon payment of a reasonable compensation for such use, or, in case of disagreement, upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest.

SEC. 4. That this Act shall be null and void unless the bridge herein authorized shall be commenced within two years and completed within four years from the date hereof.

Time of construc

tion.

SEC. 5. That the right to amend, alter, or repeal this Act is hereby Amendment. expressly reserved.

Approved, April 7, 1904.

CHAP. 945.-An Act To increase the pensions of those who have lost both eyes or have become totally blind from causes occurring in the military or naval service of the United States.

April 8, 1904. [S. 671.] [Public, No. 90.]

Pensions.

Total blindness rate

R. S., sec. 4698, p.915, amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act all persons on the pension roll, and all persons here- increased. after granted a pension, who, while in the military or naval service of the United States and in the line of duty, shall have lost both eyes, or who have become totally blind from causes occurring in the service of the United States, shall receive a pension at the rate of one hundred dollars per month: Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. Approved, April 8, 1904.

Proviso.

No reduction.

CHAP. 946.-An Act To transfer Captain Seth Mitchell Ackley from the retired to the active list of the Navy.

April 8, 1904. [S. 2650.] [Public, No. 91.]

Seth Mitchell Ackley.

list of Navy. Provisos. Examination

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to restore Seth Mitchell Ackley, now a captain Restored to active on the retired list, to the active list of the Navy: Provided, That the said Ackley shall, upon examination in accordance with regulations to be prescribed by the Secretary of the Navy, before an examining board composed of five members, of whom three shall be line officers his senior in rank, and the remaining two medical members, satisfactorily establish his mental, moral, professional, and physical fitness to perform active service, the place to which he shall be restored to be determined by the Secretary of the Navy after recommendation with regard thereto by said board: And provided further, That the said Ackley Number of grade shall be carried as additional to the number of the grade to which he may be restored, or at any time thereafter promoted.

Approved, April 8, 1904.

increased.

April 8, 1904. [H. R. 8681.]

[Public, No. 92.]

dicial district.

counties transferred to.

CHAP. 947.-An Act To detach the counties of Linn and Chariton, in the State of Missouri, from the western and attach them to the eastern judicial district of said State.

Be it enacted by the Senate and House of Representatives of the United United Statescourts. States of America in Congress assembled, That the counties of Linn Missouri castern ju- and Chariton, in the State of Missouri, be detached from the western Linn and Chariton and attached to the eastern judicial district of the State of Missouri; Provided, That the courts of the said western district shall retain and exercise jurisdiction over all causes and proceedings, civil and criminal, arising in or coming from said counties and begun and pending at the date of the taking effect of this Act as completely as if this Act were not passed.

R. S. sec. 540, p. 91.
Proviso.
Jurisdiction.

Approved, April 8, 1904.

April 8, 1904. [H. R. 7274.]

[Public, No. 93.]

Hawaii.

Government for.

CHAP. 948.-An Act To amend section seventy-six of an Act entitled "An Act to provide a government for the Territory of Hawaii.”

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section seventy-six of Vol. 31, p. 155 an Act entitled "An Act to provide a government for the Territory of Hawaii," approved April thirtieth, nineteen hundred, be, and the same is hereby, amended to read as follows:

amended.

Superintendent of public instruction. Duties, etc.

Commissioner of Labor to report labor

years.

SEC. 76. That there shall be a superintendent of public instruction, who shall have the powers and perform the duties conferred upon and required of the minister of public instruction by the laws of Hawaii as amended by the Act, and subject to modification by the legislature. "It shall be the duty of the United States Commissioner of Labor statistics every five to collect, assort, arrange, and present in reports in nineteen hundred and five, and.every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may Classification of in- by law direct. The said Commissioner is especially charged to ascertain employees, the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress."

dustrial

etc.

Approved, April 8, 1904.

April 8, 1904. [H. R. 9658.]

[Public, No. 94.]

Exposition.

its

religious, etc., institu

CHAP. 949.-An Act To provide for the withdrawal, free of duty under bond, from the Louisiana Purchase Exposition of any articles and materials donated to incorporated institutions established for religious, philosophical, educational, scientific, or literary purposes, or to any State or municipal corporation.

Be it enacted by the Senate and House of Representatives of the United Louisiana Purchase States of America in Congress assembled, That the Secretary of the Donations of exhib. Treasury be, and he is hereby, authorized to permit, at the expiration. to incorporated of the Louisiana Purchase Exposition, the withdrawal, free of duty, tions may be with- by any State or municipality or any incorporated institution estabdrawn free of duty. lished for religious, philosophical, educational, scientific, or literary purposes, of any articles and materials imported under bond for exhiCancellation of en- bition at said exposition and donated to any such institution; the exhibition bonds given on original entry of the articles at Saint Louis, Missouri, to be canceled only on the production of evidence satisfactory to the Secretary of the Treasury, showing the donation and the bona fide acceptance of the articles and materials, but bonds shall be given

try bonds.

New bonds to be given.

Provisos.
Restrictions.

under such rules and regulations as the Secretary of the Treasury may
prescribe, conditioned for the permanent preservation of the articles
by the donee and for the payment of lawful duties which may accrue
should any of the articles and materials aforesaid be sold, transferred,
or used contrary to this provision; and such articles shall be subject, Inspection.
at any time, to examination and inspection by the proper officers of
the customs: Provided, That the privilege thus conferred shall not be
allowed to associations or corporations engaged in business of a private
or commercial character: Provided further, That nothing herein con-
tained shall prevent the withdrawal, free of duty, of the articles enu-
merated in and under the conditions prescribed by paragraphs five 201, 203.
hundred and three, six hundred and thirty-eight, six hundred and
forty-nine, seven hundred and two, and seven hundred and three of
the tariff Act of July twenty-fourth, eighteen hundred and ninety-

seven.

Approved, April 8, 1904.

Existing law not affected. Vol. 30, pp. 196, 200,

CHAP. 1135.-An Act For the relief of the Western Alaska Construction Company's Railroad.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time of the Western Alaska Construction Company to comply with the provisions of sections four and five of chapter two hundred and ninety-nine of the laws of the United States entitled "An Act extending the homestead laws and providing for the right of way for railroads in the district of Alaska, and for other purposes," approved May fourteenth, eighteen hundred and ninety-eight, in acquiring and completing its railroad now under construction in Alaska, is hereby extended as follows:

First. The time to file the map and profile of definite location of its first section of at least twenty miles with the register of the land office in the district of Alaska, as provided in said sections four and five, is hereby extended to and including the thirty-first of December, nineteen hundred and four.

[blocks in formation]

section.

Second. The time to complete the first section of at least twenty Completion of first miles of its railroad, as provided in said section five, is hereby extended to and including within one year after the filing and approval of the definite location of said section of said railroad as in said chapter and by this Act it is provided; and such railroad company shall be entitled to all the benefits conferred upon it by the provisions of such Act upon its due compliance with all the provisions thereof, excepting only the provisions thereof relating to the filing of the map and profile of definite location of its first section of not less than twenty miles of its road within twelve months after filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, as prescribed in said sections four and five of said Act, and the provisions thereof relating to the completion of the said first section of its road within one year, as originally provided in section five of said Act: Provided, That such railroad company shall file with the proper register of the land office for the district of Alaska a map and profile of the map of first section. first section of its road of at least twenty miles on or before December thirty-first, nineteen hundred and four, and shall complete such section of its said road within one year after such definite location has been approved by the Secretary of the Interior, as provided in said section five of said Act.

Approved, April 9, 1904.

Vol. 30, p. 410.

Time limit for filing

Time of construction.

April 11, 1904. [S. 2465.]

[Public, No. 96.]

Alabama River.

gomery and Autauga

CHAP. 1137.-An Act To revive and amend an Act entitled "An Act to authorize the Montgomery and Autauga Bridge Company to construct a bridge across the Alabama River near the city of Montgomery, Alabama."

Be it enacted by the Senate and House of Representatives of the United Time extended for States of America in Congress assembled, That the Act approved March bridging, by Mont third, nineteen hundred and one, entitled "An Act to authorize the Bridge Company, at Montgomery and Autauga Bridge Company to construct a bridge across the Alabama River near the city of Montgomery, Alabama," which Act has expired by limitation, be, and is hereby, revived and reenacted.

Montgomery, Ala.

Vol. 31, p. 1089, amended.

Time of construction.

SEC. 2. That section five of the said Act be amended so as to read as follows:

"SEC. 5. That all street railway companies desiring to use said bridge shall be allowed to do so upon paying a reasonable compensation for such use, and all telephone and telegraph companies shall be granted equal rights and privileges in the construction and operation of their lines across said bridge; and if actual construction of the bridge herein authorized shall not be commenced within one year and be completed within three years from March third, nineteen hundred and four, the rights and privileges hereby granted shall cease and be determined." Approved, April 11, 1904.

April 11, 1904.

[S. 4124.] [Public, No. 97.1

Missouri River.

Wanbliska Bridge.

bridge.

Toll.

CHAP. 1138.-An Act To authorize the construction of a bridge across the Missouri River between Wanbliska, in Burleigh County, and Morton County, in the State of North Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Wanbliska Bridge Company may bridge, Company, a corporation duly organized and existing under the laws of at Wanbliska, N. Dak. the State of North Dakota, be, and is hereby, authorized to construct and maintain a bridge, and approaches thereto, across the Missouri River between Wanbliska, in Burleigh County, in the State of North Wagon and foot Dakota, and Morton County, in the State of North Dakota. Said bridge shall be constructed to provide for the passage of wagons and vehicles of all kinds, animals, and foot passengers for such reasonable rates of toll and under such reasonable rules and regulations as may be prescribed by said corporation and approved by the Secretary of War. SEC. 2. That any bridge built under this Act and subject to its limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which 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 the transportation over the railroad or public highway leading to said Telegraph, etc., bridge. The United States shall also have the right to construct, without charge therefor, telegraph and telephone lines across and upon said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies.

Lawful structure and post route.

rights.

Pontoon bridge.

SEC. 3. That said bridge shall be constructed as a pontoon bridge, and shall contain a drawspan giving a clear opening of not less than three hundred feet in length, which drawspan shall be maintained over the main channel of the river at an accessible and navigable point; and said bridge, other than the drawspan, shall be at right angles to the current of the river at high water: Provided. That the said draw shall be opened promptly by said company upon the reasonable signal for the passage of boats and rafts; and said company or corporation shall maintain at its own expense, from sunset to sunrise, such lights or other signals on said bridge as the Light-House Board shall preUnobstructed navi- scribe. No bridge shall be erected or maintained under the authority of this Act which shall at any time unreasonably obstruct the free

Provisos.
Opening draw.
Lights, etc.

gation.

i

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