CHAP. 174.-An act to amend an act entitled “An act authorizing the construction of a high wagon-bridge across the Missouri River at or near Sioux City, Iowa," approved March second, eighteen hundred and eighty-nine. April 30, 1890. Bridge across Mis City, Iowa. amended. Pivot-draw, etc. Tolls. Provisos. Secretary of War to. approve plans, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of the act entitled "An act authorizing the construction of a high souri River at Sioux wagon-bridge across the Missouri River at or near Sioux City, Iowa,' Act authorizing, approved March Second, eighteen hundred and eighty-nine, be Vol. 25, p. 849. amended so that it shall read as follows: "That it shall be lawful Pacific Short LineBridge Company subfor the "Pacific Short Line Bridge Company" to construct and stituted for Sioux maintain a combined wagon, railroad, and foot-passenger bridge of Citi Railway, wagon, and the kind known as a 'pivot draw-bridge', with one or more draws, foot bridge. as may be prescribed by the Secretary of War, across the Missouri River at or near Sioux City, in the State of Iowa, so as to connect with the opposite shore of the said river in the State of Nebraska, for the passage of wagons, railroad trains, and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates of toll as the city of Sioux City, Iowa, may from time to time prescribe, subject to the approval of the Secretary of War: Provided, 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 if any change be made in the plan of construction of said bridge 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 that may be directed at any time by Congress or the Secretary of War shall be made at the cost and expense of the owners thereof: Provided, That said 'Pacific Short Line Bridge Company' 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 Wing-dams, booms,. the channel within the draw span or spans of said bridge, and shall, at their own expense, maintain a depth of water through said draw Water depth at drawspan or spans not less than that now existing, as shown by the report of the War Department, at the point where said bridge may be located; and if said Pacific Short Line Bridge Company shall fail to maintain such channel as aforesaid, then the Secretary of War may cause said channel to be opened and maintained at proper depth for navigation through said 'span or spans at the expense of the owners of said bridge, or may remove obstructions to navigation as provided in section six of said act approved March second, eighteen navigation, hundred and eighty-nine. etc. spans. Obstructions to Amendments to section two. Vol. 25, p. 849. Location of draw.. SEC. 2. That section two of said act be amended by striking out the word "three," in the fourth line of the second proviso, after the word "them" and before the word "hundred," and inserting in lieu thereof the word "two;" also by inserting immediately after the word "clear," in the next line, the words "on each side of the pivot pier," so that the second proviso shall read as follows: "And provided also, That if any bridge built under this act be constructed as a draw bridge it shall have a draw over the main channel of the river at an accessible and navigable point, and with a span or spans not less than two hundred feet in length in the clear on each side of the pivot pier." SEC. 3. That all railroad companies desiring the use of said bridge, Use by other comr approaches, and accessory works shall have and 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 a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them desiring such use, shall fail to agree upon the the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge, all matters in issue between panies.. Amendment of title of act. Vol. 25, p. 849. May 1, 1890. Rockport, Me. them shall be decided by the Secretary of War upon reasonable notice to the parties in interest and upon consideration of such allegations and proofs as may be submitted to him. SEC. 4. That the title of the said act be amended so as to read in lieu thereof: "An act authorizing the construction of a combined wagon, railroad, and foot-passenger bridge, of the kind known as a 'pivot draw-bridge,' across the Missouri River at or near Sioux City, Iowa." Approved, April 30, 1890. CHAP. 180.-An act to establish Rockport, in the district of Belfast, Maine, as a port of delivery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Rockport A port of delivery. shall be a port of delivery in the district of Belfast, State of Maine. Approved, May 1, 1890. May 1, 1890. CHAP. 181.-An act authorizing the Brazos Terminal Railway Company to construct a bridge across the Brazos River in the State of Texas. Be it enacted by the Senate and House of Representatives of the Brazos Terminal United States of America in Congress assembled, That the assent of may bridge the Brazos Congress is hereby given to the Brazos Terminal Railway Company, River Texas, near a corporation incorporated and organized under the laws of the State Railway Company mouth. foot bridge. of Texas, and to its successors and assigns, to construct and maintain a bridge and approaches thereto across the Brazos River, in the State of Texas, between its mouth and a point twelve miles up said Railway, wagon, and river. Said bridge shall be so constructed as to provide for the passage of railway trains, and, at the option of the said corporation, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for reasonable rates of toll, to be fixed by said company, and approved by the Secretary of War. Tolls. Pivot-draw. Spans. height. Proviso. Opening of draw. Delay. SEC. 2. That any bridge built under this act shall be constructed as a pivot draw-bridge, with a draw over the main channel at an accessible and the best navigable point, and with spans giving a clear water-way, measured at the lowest stage of water known at the locality, of such width and height as the Secretary of War, may, Superstructural upon examination, prescribe; and the lowest part of the superstructure of the bridge shall be of such elevation above the plane of the highest flood known at the locality as the Secretary of War may deem advisable; and the piers of said bridge shall be parallel to and the bridge shall be at right angles to the current of the river: Provided, That the draw shall be opened promptly upon reasonable signal for the passage of boats and other water-craft, except when trains are passing over the draw; but in no case shall unnecessary delay occur in opening the draw during or after the passage of trains; and said corporation shall maintain, at its own expense, from sunset to sunrise, such lights and other signals on said bridge as the Light-House Board shall prescribe, and said corporation shall proAids to navigation. vide, at its own expense, such sheer-booms, guide-piers, and other devices as may be necessary to facilitate the safe passage of boats or other water-craft through the spans of said bridge. The said bridge shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, a design and drawings of said bridge and a map of the location, giving for the space of one mile below and one mile above the proposed Lights, etc. Security of naviga tion. location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the current at all stages, and the soundings, accurately showing the bed and channel of the stream, and shall furnish such other information as shall be required for a full and satisfactory understanding of the subject; and, until the said location and plans of the bridge hereby authorized to be constructed are approved by the Secretary of War, the said bridge shall not be built; and should any change be made in Change in plan, the plan of such bridge during the progress of construction thereof, such change shall be subject to the approval of the Secretary of War; and in case of any litigation arising from the obstruction or alleged Litigation. obstruction caused by said bridge to the free navigation of said river, the cause may be tried before the circuit court of the United States in whose jurisdiction any portion of the bridge is located. post-route. Through rates. SEC. 3. That the bridge authorized to be constructed under this Lawful structure and act shall be a lawful structure, and 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, troops, and the munitions of war of the United States, or for through railway passengers or freight passing over said bridge, than the rate per mile for their transmission over the railroads leading to said bridge; and equal privileges in the use of said bridge shall be granted to all telegraph Use by telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes. companies. SEC. 4. That all railroad companies desiring the use of said bridge Use by other railroad shall have and be entitled to equal rights and privileges relative to companies, etc. the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a 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 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 parties. Amendment. Alterations or SEC. 5. That the right to alter, amend, or repeal this act, whenever Congress shall consider it necessary to the public interest, is hereby expressly reserved; any any alterations or changes that may be required by Congress in the bridge constructed under this act, or changes. the entire removal of said bridge, if required by Congress, shall be made by the corporation owning or controlling the same at its own expense; and if said bridge shall not be commenced in one year and Commencement and be finished within three years from the passage of this act the rights and privileges hereby granted as to such bridge shall be null and void. Approved, May 1, 1890. CHAP. 182.-An act to provide a temporary government for the Territory of completion. homa. May 2, 1890. Territory of OklaErected in Indian Territory, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. That all that portion of the United States now known as the Indian Territory, except so much of the same as is actually occupied by the five civilized tribes, and the Indian tribes within the Quapaw Indian Agency, and except the unoccupied part of the Cherokee outlet, together with that portion of the United States known as the Public Land Strip, is hereby erected into a temporary government by the name of the Territory of Oklahoma. The portion of the Indian Territory included in said Territory of Oklahoma is bounded by a line drawn as follows: Commencing at a point where the ninety-eighth meridian Boundaries. STAT L-VOL XXVI- -6 Temporary govern ment. included. let included. crosses the Red River, thence by said meridian to the point where it crosses the Canadian River, thence along said river to the west line of the Seminole country, thence along said line to the north fork of the Canadian River, thence down said river to the west line of the Creek country, thence along said line to the northwest corner of the Creek country, thence along the north line of the Creek country, to the ninety-sixth meridian, thence northward by said meridian to the southern boundary line of Kansas, thence west along said line to the Arkansas River, thence down said river to the north line of the land occupied by the Ponca tribe of Indians from which point the line runs so as to include all the lands occupied by the Ponca, Tonkawa, Otoe and Missouria, and the Pawnee tribes of Indians until it strikes the south line of the Cherokee outlet which it follows westward to the east line of the State of Texas, thence by the boundary line of Public Land Strip the State of Texas to the point of beginning; the Public Land Strip which is included in said Territory of Oklahoma is bounded east by the one-hundredth meridian, south by Texas, west by New Mexico, When Cherokee out- north by Colorado and Kansas. Whenever the interest of the Cherokee Indians in the land known as the Cherokee outlet shall have been extinguished and the President shall make proclamation thereof, said outlet shall thereupon and without further legislation, When other lands become a part of the Territory of Oklahoma. Any other lands within the Indian Territory not embraced within these boundaries shall hereafter become a part of the Territory of Oklahoma whenever the Indian nation or tribe owning such lands shall signify to the President of the United States in legal manner its assent that such lands shall so become a part of said Territory of Oklahoma, and the President shall thereupon make proclamation to that effect. Congress may at any time hereafter change the boundaries of said Territory, or attach any portion of the same to any other tate or Territory of the United States without the consent of the inhabitants of the Territory hereby created: Provided, That nothing in this act shall be construed to impair any right now pertaining to any Indians or Indian tribe in said Territory under the laws, agreements, and treaties of the United States, or to impair the rights of person or property pertaining to said Indians, or to affect the authority of the Government of the United States to make any regulation or to make any law respecting said Indians, their lands, property, or other rights which it would have been competent to make or enact if this act had not been passed. included. Change of boundaries, etc. Proviso. Rights of Indians not impaired. Executive. etc. SEC. 2. That the executive power of the Territory of Oklahoma office, powers, duties, shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory; shall be commander-in-chief of the militia thereof; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. Secretary-term, power, and duties. SEC. 3. That there shall be a secretary of said Territory, who shall reside therein and hold his office for four years unless sooner removed by the President of the United States; he shall record and preserve all the laws and the proceedings of the legislative assembly hereinafter constituted, and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session thereof, to the President of the United States and to the Secretary of the Interior and, at the same time, two copies of the laws and journals of the legislative assembly to the Speaker of the House of Representatives and the President of the Senate for the use of Congress; and in case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence, or until another governor is appointed and qualified. Legislative power. Council. House of Repre sentatives. Sessions. Proviso. Duration of first session. Establishment seven counties. SEC. 4. That the legislative power and authority of said Territory shall be vested in the governor and legislative assembly. The legislative assembly shall consist of a council and a house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue two years, and the sessions of the legislative assembly shall be biennial and shall be limited to sixty days' duration: Provided, however, That the duration of the first session of said legislative assembly may continue one hundred and twenty days. That for the purpose of facilitating the organization of a temporary government in the Territory of Oklahoma, seven counties are hereby established therein, to be known, until after the first election in the Territory, as the First County, the Second County, the Third County, the Fourth County, the Fifth County, and the Sixth County, the boundaries of which shall be fixed by the governor of the Territory until otherwise provided by the legislative assembly thereof. The county seat of the First County shall be at County seats. Guthrie. The county seat of the Second County shall be at Oklahoma City. The county seat of the Third County shall be at Norman. The county seat of the Fourth County shall be at El Reno. The county seat of the Fifth County shall be at Kingfisher City. The county seat of the Sixth County shall be at Stillwater. The Seventh County shall embrace all that portion of the Territory lying west of the one hundredth meridian, known as the Public Land Strip, the county seat of which shall be at Beaver: Provided, That the county seats located by this act may be changed in such manner as the seats. Territorial legislature may provide. of Composition of first six counties. The seventh county and seat. Proviso. First election. Ratio of representation. Members must reside in their districts. At the first election for members of the legislative assembly the people of each county may vote for a name for such county, and the Naming counties. name which receives the greatest number of votes shall be the name of such county. If two or more counties should select the same name, the county which casts the greatest number of votes for such name shall be entitled to the same, and the names receiving the next highest number of votes in the other counties shall be the names of such counties. An apportionment shall be made by the governor Apportionment. as nearly equal as practicable among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population (excepting Indians not taxed) as nearly as may be, and the members of the council and house of representatives shall reside in and be inhabitants of the district for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the several counties or districts of the Territory to be taken, unless the same shall have been taken and published by the United States, in which case such Census and enumeration shall be adopted, and the first election shall be held at such times and places and be conducted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor shall appoint and direct, and he shall at the same time declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled, as shown by the census herein provided for. The number of persons authorized to be elected, having the highest num ber of legal votes in each of said council districts for members of Census. First election. |