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shall be deemed guilty of a misdemeanor, and on conviction thereof in the district court of the United States for the district of Oregon sball be fined not to exceed five hundred dollars, in the discretion of the court. And the Secretary of the Interior is hereby authorized and directed to enforce the provisions of this Act by all proper means at his command, and to exclude from said forest reserve stock of all kinds and all persons, save as hereinbefore excepted.
Approved, April 28, 1904.
CHAP. 1775.-An Act To expedite business in the district court of the United April 28, 1904. States for the district of Oregon.
(Public, No. 207.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case of the absence United States courts.
Oregon judicial disof the United States district judge for the district of Oregon from said trict.
Circuit judge may district, or of his disability, a circuit judge of the United States of the hold district court. circuit to which such district belongs may hold the district court and perform the duties of the district judge. · Approved, April 28, 1904.
CHAP. 1776.-An Act Providing for second and additional homestead entries,
April 28, 1904.
[S. 3165.] and for other purposes.
[Public, No. 208.] Beit enacted by the Senate and House of Representatives of the United
Public lands. States of America in Congress assembled, That any person who has Failure to perfect heretofore made entry under the homestead laws, but who shall show homestead entry not to the satisfaction of the Commissioner of the General Land Office entry. that he was unable to perfect the entry on account of some unavoidable complication of his personal or business affairs, or on account of an honest mistake as to the character of the land; that he made a bona conditions. fide effort to comply with the homestead law and that he did not relinquish his entry or abandon his claim for a consideration, shall be entitled to the benefit of the homestead laws as though such former entry had not been made.
Sec. 2. That any homestead settler who has heretofore entered, or additionalentriali may hereafter enter, less than one-quarter section of land may enter of residence, etc. other and additional land lying contiguous to the original entry which shall not, with the land first entered and occupied, exceed in the aggre- Limit of acreage. gate one hundred and sixty acres, without proof of residence upon and cultivation of the additional entry; and if final proof of settlement and cultivation has been made for the original entry when the additional entry is made, then the patent shall issue without further proof: Pro
Exception. vidid, That this section shall not apply to or for the benefit of any person who does not own and occupy the lands covered by the original entry: And provided, That if the original entry should fail for any Failure hihi origina! reason prior to patent, or should appear to be illegal or fraudulent, the tional entry. additional entry shall not be permitted, or, if having been initiated, shall be eanceled. .
Sec. 3. That commutation under the provisions of section twenty- allowed. three hundred and one of the Revised Statutes shall not be allowed of R. s., sec. 2301, p. an entry made under this Act.
Approved, April 28, 1904.
and foot bridge,
April 28, 1904. CHAP. 1777.-An Act Authorizing the construction of a wagon, toll, and electric (H. R. 15195.)
railway bridge over the Missouri River at Lexington, Missouri. (Public, No. 209.)
Beit enacted by the Senate and House of Representatives of the United Missouri River....States of America in Congress assembled, That the Lexington Suburban Lexington Suburban Railway Com- Railway Company, duly incorporated under the laws of Missouri, is pany may bridge, at Lexington, Mo.
e, at hereby authorized to construct and maintain a bridge and approaches Post, p. 715.
thereto across the Missouri River, between the city of Lexington,
Missouri, and Ray County, Missouri, at a point to be selected conStreet-car, wagon. sistent with the interests of navigation. Said bridge shall be con
structed to provide for the passage of wagons and vehicles of all kinds, street-railway cars, electric motors, railway cars (but not steam loco
motives), animals, foot passengers, and for all road travel for such Toll.
reasonable rates of toll and under such reasonable rules and regulations
as may be prescribed by the said company, and to be approved from Provisos.
time to time by the Secretary of War: Provided, That the said company, Aids to navigation.
or its successors and assigns, shall build and maintain at all times, as accessory works to said bridge, such booms, piers, dikes, guard fences, and similar devices as may be necessary, in the judgment of the Secretary of War, to insure at all times a permanent channel for a sufficient distance above and below the bridge site, and for the guiding of rafte. steamboats, and other water craft safely under said bridge: Provided further, That the said company, or its successors and assigns, shall maintain on said bridge, from sunset to sunrise, such lights and other
signals as the Light-House Board shall prescribe: And provided l'se by other roads. further, That all street-railway companies desiring the use of said
bridge shall have and be entitled to equal rights and privileges relative to the passage of cars over the same, and over approaches thereto, upon payment of a reasonable compensation for such use, and, ia 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. Changes,
SEC. 2. That said bridge shall not be built or commenced until the plan and specifications for its construction have been submitted to the Secretary of War for his approval, nor until he shall approve the plan and location of said bridge and accessory works; and if any change be made in the plan of construction of said bridge and accessory works at any time, 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 and accessory works that may be directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the said company or its successors and assigns; that the said bridge shall be constructed without interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, and in
order to secure that object the said company, or its successors and Secretary of War to movie
to assigns, shall submit to the Secretary of War, for his examination and approve plans, etc.
approval, a design and drawings of said bridge and accessory works and a map of the proposed location, giving for the space of one mile above and one mile below such proposed location the topography of the banks of the river with shore lines and soundings, and such other information as may be required for a full understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the construction of said bridge shall not be
commenced. High bridge.
Sec. 3. That said bridge shall be built as a high bridge with unbroken and continuous spans, all spans over the waterway to have a clear channel way of not less than four hundred feet and a clear headroom of not less than fifty feet above high-water mark; and the piers of said bridge shall be parallel with the cu' rent of said river, and the bridge itself at right angles thereto.
· SEC. 4. That the Secretary of War is hereby authorized and directed, Notice of approval. upon receiving such plan and other information, and upon being satisfied that a bridge so built will conform to the requirements of this Act, to notify the company authorized to build the same that he approves of the same; and upon receiving such notification the said company may proceed to erect said bridge, conforming strictly to the approved plan and location, 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. Sec. 5. That any bridge built under this Act and subject to its limi- Lawfu
and post route. tations shall be a lawful structure, and shall be recognized and known Post, p. 716. 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 the transportation over the street railways or public highways leading to the said bridge, and it shall enjoy the rights and privileges of other post-roads in the United States; and equal privileges in the use of said iedegraph, etc., bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes.
SEC. 6. That this Act shall be null and void if actual construction Time of construcof the bridge herein authorized be not commenced within one year and Post, p. 716. completed within three years from the date thereof, and the right to Amendment. alter, amend, or repeal this Act is hereby expressly reserved.
Approved, April 28, 1904.
CHAP. 1778.–An Act To amend and codify the laws relating to municipal April 28, 1904. corporations in the district of Alaska.
[Public, No. 210.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any community in the incorporation of district of Alaska having three hundred or more permanent inhabit- towns in,
Vol. 31, p. 520, ants may incorporate as a municipal corporation termed a town in the amended. manner hereinafter provided. Apetition praying for such incorpora- Petition. tion shall first be presented to the judge of the United States district court presiding over the court in the judicial division in which the community seeking incorporation is located, which petition shall be signed by at least sixty male adults, bona fide residents of such com. munity, and shall specify the boundaries and the number of inhabitauts of the proposed corporation, and shall also specify the name by which it is to be known, and such other facts as may tend to show good grounds for such incorporation. The judge shall thereupon, by
Order of the court an order, fix the time and place for considering said petition, which time shall not be less than thirty days after the date of such order. A printed or typewritten copy of said order shall be posted in three of the most public places within the limits of the territory proposed to be incorporated at least thirty days prior to the time fixed for considering said petition. At the time and place fixed for considering Hearing. said petition the judge shall give a reasonable hearing to those who are in favor of and to those who are opposed to the same; and if he is satisfied that it is for the best interest and welfare of the community to be incorporated as a town he shall, by an order, so adjudge; and he may, by the order, change or modify the proposed boundaries. He Election. shall also, by said order, designate the name and the boundaries of the corporation, and the time and place when and where an election shall be held to determine whether the people of the community desire to be incorporated; and he shall also, by said order, appoint three quali
Vol xxxIII, PT 1- 34
Notice of election. fied voters to act as judges of such election. A printed or typewritten
copy of said order shall be posted at three of the most public places within the limit of the proposed corporation at least thirty days prior to the day of election, and such posting shall be deemed a sufficient
notice of such election. Qualified voters.
Sec. 2. That every male person twenty-one years of age who is a citizen of the United States or has declared his intention to become such, and who has resided continuously one year next preceding the election in the district of Alaska, and six months next preceding the election within the limits of the proposed corporation, shall be qualified to vote at said or any subsequent municipal election. Said election shall be by printed or written ballot in the following form, to wit:
“ FOR INCORPORATION OF THE TOWN OF
(name of proposed corporation),”
“AGAINST INCORPORATION OF THE TOWN OF
(name of proposed corporation)." Judges of election.
The qualified electors of the community proposed to be incorporated may also at said election by a separate ballot choose a common council of seven members who shall be qualified electors of the community. The said judges of election shall before entering upon the duties of their office take an oath in writing to faithfully and impartially dis
charge the duties of their trust, and they shall duly canvass and comCertificate of votes pile the vote cast and issue under their hands and seals a certificate in cast to be in tríplicate. triplicate showing the number of votes cast in favor of incorporation
and the number of votes cast against incorporation. One of said triplicate certificates, together with all the ballots cast and the oaths of the judges of elections, shall immediately be filed with the clerk of the district court in the division in which the community proposed to be incorporated is situate, another of said certificates shall be filed with the secretary of the district of Alaska, and the third of said certificates
shall be filed with the commissioner of the precinct in which said comRecording result of munity is located. If it shall appear from the said triplicate certificate
of election filed with the clerk of the district court as aforesaid that two-thirds or more of the votes cast at said election were in favor of incorporation and that the provisions of law relating to incorporation have been substantially complied with then the district judge shall, by an order in writing entered in the records of the court, duly adjudge and declare that the community in which such election has been held is, and shall be deemed to be, a municipal corporation under the name of “The town of (here insert name) in the district of Alaska,” and the same shall from thenceforth be deemed a municipal corporation possessed of the powers and privileges hereinafter prescribed, and such other powers as may be given by law.
SEC. 3. That the said judges of election shall also canvass the votes given at said election for members of the common council, and shall declare the seven candidates who bave received the greatest number of votes for such office duly elected and shall issue and deliver to them certificates of their election. In case the community in which said election has been held becomes incorporated as aforesaid, the members of the common council chosen as aforesaid, as well as the members of such council chosen at subsequent elections, shall, before entering upon the duties of their office, severally take an oath in writing to boliestly and faithfully discharge the duties of their trust, which oaths shall be filed with the clerk of the town. An annual election shall be held each and every year, on the first Tuesday of April, in every incor
Canvass of votes.
Terms of council. men.
Powers of town councilmen.
Vol. 32, p. 945, amended.
porated town in the district of Alaska for the election of members of the common council. The members of the council chosen at the first election shall hold their office until the next annual election and until their successors are elected and qualified, and the members of the council chosen at subsequent elections shall hold their office for the terın of one year and until their successors are elected and qualified.
SEC. 4. That the said common council shall have and exercise the following powers:
First. To adopt rules and by-laws for their proceedings, and to elect "Rules, etc. one of their number president of the council, who shall also be ex officio mayor of the town and who when chosen shall continue to hold the position of president and ex officio mayor during the term for which the council was elected, and who shall take care that the ordinances and resolves of the council be faithfully executed.
Second. To appoint a clerk, a treasurer, an assessor, a municipal Oficers. magistrate, a municipal attorney, a chief of police, and such other officials or employees as may be necessary, but none of such officers or employees shall be appointed for a longer term than one year.
Third. To make suitable provision for municipal and other elections, electionicipal, etc.,
Fourth. To provide for the location, construction, and maintenance Streets, etc.
Fifth. To provide for the location and construction, for a limited
Sixth. To provide for fire protection, water supply, lights, wharf- testoppty, etc. age, public health, and police protection, and the relief of the destitute and indigent.
Seventh. To assess, levy, and collect a poll tax of not less than two dollars nor more than four dollars per year on ai? male residents over twenty-one and under fifty years of age who are not active members, serving without pay, of a volunteer fire company in the town. Such tax shall be a lien upon and may be collected from any real or personal property of the person against whom the tax is. levied except wearing apparel and household furniture less than three hundred dollars in value.
Eighth. To levy a tax of not more than two dollars per year upon
lien by foreclosure, levy, distress, and sale: Provided, however, That all property belonging to the municipality, all property used exclusively for
Trails and wagon roads.
Fire protection, W&