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CHAP. 578.—An Act To permit the legislative assembly of the Territory of Oklahoma to make appropriations for the erection of buildings for the Agricultural and Mechanical College of said Territory.

February 16, 1905.
[H. R. 17992.]
[Public, No. 72.]

Oklahoma. Agricultural and buildings at Stillwa

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislative assembly of the Territory of Oklahoma is hereby permitted to make such Mechanical college appropriations as seem to it proper for the erection of buildings for ter, authorized. the Agricultural and Mechanical College at Stillwater.

SEC. 2. That all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved, February 16, 1905.

Repeal.

CHAP. 579.-An Act To authorize the Leckrone and Little Whiteley Railroad Company to construct and maintain a bridge across the Monongahela River.

February 16, 1905.
[H. R. 18428.]
[Public, No. 73.]

Monongahela River. Leckrone and Little Company may bridge.

Location.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Leckrone and Little Whiteley Railroad Company, a corporation existing under the laws Whiteley Railroad of the State of Pennsylvania, is hereby authorized to construct, maintain, and operate a railroad bridge, with single or double track, for railroad traffic across the Monongahela River, on the boundary line between Fayette and Greene counties, State of Pennsylvania, the easterly end of said bridge to be located at some point in German Township, Fayette County, and the westerly end at some point in Cumberland Township, Greene County. The said bridge, when built in accordance with the requirements of this Act, shall be a legal structure, and may be used for railroad and highway purposes.

SEC. 2. That the bridge authorized to be constructed under this Act shall be located and built under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, and to secure that object the railroad company shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving for the space of one mile above and below the proposed location the depth and currents at all points of the same and the location of any other bridge or bridges, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether said bridge when built will conform to the provisions of this Act, and cause any serious obstruction to the navigation of the river or injuriously affect the flow of water.

Secretary of War to approve plans, etc.

SEC. 3. That the Secretary of War is hereby authorized and directed, Notification. upon receiving said plan and map and upon being satisfied that a bridge built on such a plan and at said locality will conform to the provisions of this Act and cause no serious obstruction to the navigation of the river or injuriously affect the flow of water, to notify the said company that he approves the same, and upon receiving such notification the said company may proceed to. the erection of said bridge, conforming strictly to the approved plan and location. But until the Secretary of War shall approve the plan and location of the said bridge and notify the said company of the same in writing, the bridge shall not be built or commenced, and should any change be made in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.

SEC. 4. That said bridge shall be constructed to provide for the passage of railroad trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons, passenger cars, electric motors, and vehicles of all kinds, for the transit

Changes.

Railroad, wagon, etc., bridge.

Toll.

Use by other roads.

of animals and for foot passengers and all kinds of common travel or communication, for such reasonable rates of toll as may be approved from time to time by the Secretary of War.

SEC. 5. That all railroad companies desiring the use of any bridge constructed under this Act shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the Telegraph, etc., parties; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies.

rights.

Lawful structure and post route.

Lights, etc.

Time of construction.

Amendment.

SEC. 6. That any bridge constructed under this Act shall be a law. ful structure, and shall be known as a post-road, over which no higher charge shall be made for the transportation of mails, troops, and munitions of war, or other property of the Government of the United States, or for passengers or freight passing over the same, than the rate per mile charged for their transportation over the railways or public highways leading to said bridge. The United States shall also have the right of way over said bridge for postal-telegraph and telephone purposes.

SEC. 7. That said bridge herein authorized to be constructed shall be so kept and managed at all times as to afford proper means and ways for the passage of vessels, barges, or rafts, both by day and by night, and there shall be displayed on said bridge by the owners thereof, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe, and such changes shall be made from time to time in the structure of said bridge as the Secretary of War may direct, at the expense of the said company, in order the more effectually to preserve the free navigation of said river.

SEC. 8. That this Act shall be null and void unless the construction of said bridge shall be commenced within one year and completed within three years from the passage of this Act.

SEC. 9. That Congress shall have power at any time to alter, amend, or repeal this Act.

Approved, February 16, 1905.

February 17, 1905.
[S. 6337.]
[Public, No. 74.]

Customs.

subports of entry.

CHAP. 580.-An Act For the establishment of subports of entry at Rouses Point and Malone, New York.

Be it enacted by the Senate and House of Representatives of the United Cute Point and States of America in Congress assembled, That Rouses Point, New York, Malone, N. Y., made and Malone, New York, be, and are hereby, established as subports of with immediate trans- entry in the customs collection district of Champlain, State of New portation privileges, York, and that the privileges of the first section of the Act approved June tenth, eighteen hundred and eighty, relating to the transportation of dutiable merchandise without appraisement be, and the same are hereby, extended to said subports.

R.S., sec. 2535, p. 199.
Vol. 21, p. 173.

Approved, February 17, 1905.

CHAP. 581.-An Act For the construction of a private conduit across D street northwest.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized to grant permission to S. Kann, Sons and Company to lay a conduit for the transmission of electric power and a pipe for the transmission of steam power from their store building in square four hundred and thirty-two to their store building in square four hundred and thirty-one across D street, between Seventh and Eighth streets northwest, Washington, District of Columbia, under the regulations and subject to the limitations prescribed in the Act entitled "An Act regulating permits for private conduits in the District of Columbia," approved May twentysixth, nineteen hundred.

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SEC. 2. Congress reserves the right to alter, amend, or repeal this Amendment. Act.

Approved, February 17, 1905.

CHAP. 582.-An Act Making Texas City, Texas, a subport of entry in the customs collection district of Galveston.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Texas City, in the State of Texas, be, and is hereby, made a subport of entry in the customs collection district of Galveston, and that the privileges of section one of the Act approved June tenth, eighteen hundred and eighty, governing the immediate transportation of dutiable goods without appraisement be, and the same are hereby, extended to such subport, and a deputy collector of customs shall be appointed, who shall reside at said subport. Approved, February 17, 1905.

February 17, 1905.
[H. R. 16799.]
[Public, No. 76.]

Customs.

made subport of entry
with immediate trans-
R. S., sec. 2578, p. 509.
Vol. 21, p. 173.

Texas City, Tex.,

portation privileges.

CHAP. 584.-An Act To provide for sittings of the circuit and district courts of the southern district of Florida in the city of Fernandina, in said district.

February 18, 1905.
(S. 4503.]
[Public, No. 77.]

Florida southern

district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the times United States courts. and places now fixed by law for the sitting of the circuit court of the United States for the southern district of Florida there shall be a session of the said circuit court in the city of Fernandina on the first Monday in April in each year hereafter.

SEC. 2. That there shall be a regular term of the district court of the United States for the southern district of Florida in the city of Fernandina on the first Monday in April in each year hereafter: Provided, That suitable rooms and accommodations shall be furnished for the holding of said courts at the said place, free of expense to the Government of the United States.

Approved, February 18, 1905.

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Terms of court.

R. S., sec. 658, p. 120.

Terms at

dina.

Fernan

R. S., sec. 572, p. 99.
Proviso.

Court room.

CHAP. 585.-An Act Authorizing the President to nominate and appoint William
L. Patterson a second lieutenant in the United States Army.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States be, and he is hereby, authorized to nominate, and, by
and with the advice and consent of the Senate, to appoint William L.
Patterson a second lieutenant in the United States Army.
Approved, February 18, 1905.

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February 18, 1905.
[S. 6425.]
[Public, No. 79.]

Steam vessels.

CHAP. 586.-An Act To amend section forty-four hundred and seventy-two of the Revised Statutes so as to remove certain restrictions upon the transportation by steam vessels of gasoline and other products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power.

Be it enacted by the Senate and House of Representatives of the United passenger States of America in Congress assembled, That the amendment to secProhibition of gaso- tion forty-four hundred and seventy-two of the Revised Statutes, 799, approved February twentieth, nineteen hundred and one, be amended to read as follows:

line, etc., on. Vol. 31,

amended.

P.

Automobiles using gasoline, etc., excepted.

Post, p. 1032.

Provisos.

Fire restrictions changed.

"Nothing in the foregoing or following sections of this Act shall prohibit the transportation by steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: Provided, however, That all fire, if any, in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not relighted until immediately before said vehicle shall Transportation may leave the vessel: Provided further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids." Approved, February 18, 1905.

be refused.

February 18, 1905. [8. 6951.]

[Public, No. 80.]

Kootenai rivers,
Idaho.

Spokane International Railway Company may bridge.

CHAP. 587.—An Act To authorize the Spokane International Railway Company to construct and maintain bridges across the Pend d'Oreille River and the Kootenai River in the county of Kootenai, State of Idaho.

Be it enacted by the Senate and House of Representatives of the United Pend d'Oreille and States of America in Congress assembled, That the Spokane International Railway Company, a corporation organized under the laws of the State of Washington, be, and is hereby, authorized and empowered to construct, maintain, and operate one bridge across each of the followingnamed rivers in the county of Kootenai, State of Idaho: The Pend d'Oreille River, at a point between Pend d'Oreille Lake and Seneaguoteen; the Kootenai River, at a point at or near the town of Bonners Ferry; and to lay railroad tracks on the said bridges, and to operate trains thereon as a part of its railroad.

Locations.

Lawful structures and post routes.

SEC. 2. That any bridges built under this Act and subject to its limitations shall be lawful structures, and shall be recognized and known as post routes, upon which also no higher charge shall be made for the transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for transportation of said mails, troops, and munitions of war over public highways Telegraph, etc., leading to said bridges; and equal privileges in the use of said bridges

rights.

Use by other roads.

Compensation.

Secretary of War to approve plans, etc.

shall be granted to all telegraph and telephone companies; and the United States shall have the right of way across said bridges and their approaches for postal-telegraph purposes.

SEC. 3. That all railroad companies desiring the use of said bridges shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridges and the several railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in using said bridges, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

SEC. 4. That all bridges authorized to be constructed under this Act shall be built under and subject to such regulations for the security of

the navigation of said rivers 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, maps of
location and designs and drawings of each of the bridges; and until the
said plans and locations are approved by the Secretary of War the
bridges shall not be commenced or built; and should any changes be. Changes.
made in the plans of said bridges, or any one of them, during the
progress or construction or after completion, such changes shall be
subject to the approval of the Secretary of War, and all changes in
said bridges, or any one of them, required by the Secretary of War,
at any time, or their entire removal, shall be made promptly by the
corporations or persons owning or operating said bridges, at their
own expense.

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

SEC. 6. That this Act shall be null and void if actual construction of the bridges herein authorized is not commenced within one year and completed within three years from the date thereof. Approved, February 18, 1905.

Time of construc

tion.

CHAP. 588.-An Act To grant certain lands to the State of Ohio.
Whereas the State of Ohio in the years eighteen hundred and twenty-
eight to eighteen hundred and forty-four, inclusive, constructed the
Miami and Erie Canal; and

February 18, 1905. [H. R. 11444.]

[Public, No. 81.]

Preamble.

Lands in Mercer,

Description.

Whereas the State of Ohio, for the purpose of supplying the said canal with water, built and constructed certain artificial lakes or reservoirs known as the Mercer County Reservoir, in Mercer and Auglaize counties, and the Loramie Reservoir, in Auglaize and Shelby counties, the former being completed and flooded with water about the year eighteen hundred and forty-two, and the latter about the year eighteen hundred and forty-four; and Whereas it has recently come to the knowledge of the authorities of the State of Ohio that the title to the land above described is in the United States and not in the said State of Ohio: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following-described Ohio. lands in township six south, range three east, in Mercer County, Ohio, Auglaize, and Shelby be, and the same are hereby, granted to the State of Ohio, to wit: counties, granted to. The southeast quarter of the southeast quarter of section two, township six south, range three east, forty acres; the south half of the southwest quarter of section three, township six south, range three east, eighty acres; the east half of the northeast quarter of section eight, township six south, range three east, eighty acres; the southwest quarter of the northeast quarter of section eight, township six south, range three east, forty acres; the northwest quarter of section eight, township six south, range three east, one hundred and sixty acres; the southwest quarter of section eight, township six south, range three east, one hundred and sixty acres; the northeast quarter of section nine, township six south, range three east, one hundred and sixty acres; the southeast quarter of section nine, township six south, range three east, one hundred and sixty acres; the northwest quarter of section nine, township six south, range three east, one hundred and sixty acres; the east half of the southwest quarter of section nine, township six south, range three east, eighty acres; the southwest quarter of section ten, township six south, range three east, one hundred and sixty acres; the northeast quarter of section eleven, township six south, range three east, one hundred and sixty

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