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C. M. Cox.

Payment for serv

ices.

SEC. 2. That the Secretary of the Treasury be, and he is hereby, authorized and directed to audit and pay the account of C. M. Cox, of Bonifay, Florida, for services as United States commissioner de facto for the northern district of Florida during the months of January, February, March, April, May, and June, nineteen hundred and eight, Acts as commission- the same as if he had been regularly appointed; and the acts of the said C. M. Cox as United States de facto commissioner during said period are hereby legalized and declared to be of force and effect. Approved, February 28, 1910.

er, Florida northern district, legalized.

March 2, 1910. [H. R. 10106.]

[Public, No. 68.]

Andersonville Na

tional Cemetery, Ga.

adjoining.

CHAP. 68.-An Act Authorizing the acceptance by the United States Government from the Woman's Relief Corps, auxiliary to the Grand Army of the Republic, of a proposed gift of land contiguous to the Andersonville National Cemetery, in the State of Georgia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War Acceptance of land be, and he is hereby, authorized and directed to accept from the Woman's Relief Corps, auxiliary to the Grand Army of the Republic, a gift of eighty-eight acres of land, more or less, contiguous to the Andersonville National Cemetery, in the State of Georgia, with all improvements thereon, the details incident to the transfer of said land to be arranged and perfected by the Secretary of War. Approved, March 2, 1910.

March 2, 1910. [H. R. 17160.]

[Public, No. 69.]

Celilo Canal.

Celilo.

Vol. 34, p. 84.

CHAP. 69.-An Act To authorize the Oregon Trunk Railway of the State of Washington to construct a bridge across the Columbia River and Celilo Canal.

Be it enacted by the Senate and House of Representatives of the United Columbia River and States of America in Congress assembled, That the Oregon Trunk RailOregon Trunk Rail- Way, a corporation organized under the laws of the State of Washingway may bridge, at ton, is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Columbia River, and the Celilo Canal, at a point suitable to the interests of navigation, at or near Celilo, in the States of Washington and Oregon, in accordance with the provisions of the Act entitled An Act to regulate the construction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six: Provided, That in approving the plans for the bridge herein authorized, the Secretary of War may, subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the said Oregon Trunk Railway a right of way across the lands of the United States on either side of, and adjacent to, the said Celilo Canal, and also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches.

Proviso.

Right of way across Celilo Canal lands.

Amendment.

SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, March 2, 1910.

March 2, 1910.

[H. R. 19967.]

[Public, No. 70.]

River.

CHAP. 70.-An Act To authorize Thomas J. Ewing, George B. Patton, Otto Burger, William Cecil, and Milton E. Foster to construct a bridge across the Tug Fork of the Big Sandy River.

Be it enacted by the Senate and House of Representatives of the United Tug Fork, Big Sandy States of America in Congress assembled, That Thomas J. Ewing, of Thomas J. Ewing et Catlettsburg, Kentucky; George B. Patton, of Catlettsburg, Kentucky; Warfield, Ky. Otto Burger, of Cincinnati, Ohio; William Cecil, of Catlettsburg, Kentucky; and Milton E. Foster, of Dayton, Ohio, their heirs and

al, may bridge, at

assigns, are hereby authorized to construct, maintain, and operate a wagon, foot, and railroad bridge and approaches thereto, across the Tug Fork of the Big Sandy River at a point suitable to the interests of navigation, at or on the property of The Warfield Coal and Salt Company, at Warfield, Kentucky, where the said Tug River forms the boundary line between the States of West Virginia and Kentucky, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six.

Vol. 34, p. 84.

SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, March 2, 1910.

CHAP. 71.-An Act Amending sections two hundred and forty-six and two hundred and forty-seven, Revised Statutes.

March 2, 1910. [H. R. 18586.] [Public, No. 71.]

Treasury warrants.
Secretary may dele-

gate Assistant Secre

taries, or a clerk, to

S.,

R. 8. sec. 246, p. 41,

amended.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section two hundred
and forty-six of the Revised Statutes be so amended as to read as
follows: "The Secretary of the Treasury may, by an appointment sign.
under his hand and official seal, delegate authority to the Assistant
Secretaries of the Treasury to sign in his stead, and he may in like
manner delegate such authority to a clerk in his office to sign in his
name, all warrants for the payment of money into the Public Treasury
and all warrants for the disbursement from the Public Treasury of
money certified by the proper accounting officers of the Treasury to
be due upon accounts duly audited and settled by them; also all
accountable warrants placing money in the Treasury to the credit of
disbursing and other fiscal officers, and all appropriations, repay, and
transfer warrants. The warrants so signed by either of the Assistant
Secretaries of the Treasury or by the designated clerk shall be in all
cases of the same validity as if they had been signed by the Secretary
of the Treasury himself."

SEC. 2. That section two hundred and forty-seven of the Revised
Statutes be, and the same is hereby, repealed.
Approved, March 2, 1910.

Effect.

R. S., sec. 247, p. 41, repealed.

CHAP. 72.-An Act To provide for the extension of the underground system of the City and Suburban Railway Company on North Capitol street, and for other purposes.

March 2, 1910. [H. R. 15676.] [Public, No. 72.]

District of Columbia. City and Suburban underground system.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the City and Suburban Railway, of Washington, be, and it is hereby, authorized and directed Railway to extend to equip with the underground system of electric propulsion, as now installed on its urban lines, that part of its suburban route on North Capitol street between the present terminus of its underground system thereon near T street and a point to be approved by the Commissioners of the District of Columbia north of and within three hundred feet of the north building line of V street: said work to be completed within Completion. six months after the passage of this Act, in accordance with plans to be approved by the Commissioners of the District of Columbia.

SEC. 2. That upon failure of said railway company to comply with the provisions of this Act it shall be subject to a penalty of not more than one hundred dollars per day, on prosecution by information filed in the police court of the District of Columbia by the corporation counsel or any of his assistants; and each day of such failure shall be regarded as a separate offense.

Approved, March 2, 1910.

24768°-61-2-PT 1-5

Penalty for failure.

March 2, 1910. [H. R. 16331.]

[Public, No. 73.]

District of Columbia.

CHAP. 73.-An Act To acquire land in the vicinity of the Connecticut Avenue Bridge for the extension of certain streets.

Be it enacted by the Senate and House of Representatives of the United Belmont road, and States of America in Congress assembled, That under and in accordance Waterside drive north- with the provisions of subchapter one of chapter fifteen of the Code Condemning land of Law for the District of Columbia, within six months after the pas

west.

for extending.

Vol. 34, p. 151.

Appropriation for expenses, etc.

sage of this Act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute a proceeding in rem to condemn the land that may be necessary for the extension of Belmont road to Calvert street, and to connect said extension of Belmont road with Waterside drive, and to extend Waterside drive to the southerly line of the Zoological Park, as shown on plans on file in the office of the Engineer Commissioner.

That there is hereby appropriated, one-half from the revenues of the District of Columbia and one-half from any moneys in the Treasury not otherwise appropriated, an amount sufficient to pay the necessary costs and expenses of the condemnation proceedings taken pursuant Payment of awards. hereto and for the payment of amounts awarded as damages, the amounts assessed for benefits to be paid to the District of Columbia and covered into the Treasury to the credit of the revenues of the District of Columbia and the United States in equal parts. Approved, March 2, 1910.

March 2, 1910. [H. R. 17514.]

[Public, No. 74.]

District of Columbia.

Twenty-third, and R streets southeast.

Condemning land

for extending. Vol. 34, p. 151.

Proviso.

Damages assessed as benefits.

expenses, etc.

CHAP. 74.-An Act To authorize the extension of Twenty-third and R streets southeast, in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within six months after the passage of this Act the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court of the District of Columbia, under and in accordance with the provisions of subchapter one of chapter fifteen of the Code of Law for the District of Columbia, a proceeding in rem to condemn the land that may be necessary for the extension of R street southeast from its present eastern terminus near Twenty-third street to Naylor street, and Twenty-third street southeast from its present southern terminus near Naylor street to R street, each with a uniform width of ninety feet: Provided, That the total amount found to be due and awarded as damages, plus the cost and expenses of the proceedings, shall be assessed by the said jury as benefits.

Appropriation for SEC. 2. That there is hereby appropriated from the revenues of the District of Columbia an amount sufficient to pay the necessary costs and expenses of the condemnation proceedings taken pursuant hereto, Payment of awards. and for the payment of amounts awarded as damages, to be repaid to the District of Columbia from the assessments for benefits and covered into the Treasury to the credit of the revenues of the District of Columbia.

Approved, March 2, 1910.

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CHAP. 76.—An Act To amend in part section six hundred and fifty-eight of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section six hundred and fifty-eight of the Revised Statutes of the United States as provides for the holding of circuit courts in the southern district of New York "exclusively for the trial and disposal of criminal cases, and matters arising and pending in said court, on the second Wednes

day in January, March, and May, on the third Wednesday in June, and on the second Wednesday in October and December," be amended so as to read "exclusively for the trial and disposal of criminal cases, and matters arising and pending in said court, on the first Mondays in January, March, May, July, September, and November."

Approved, March 3, 1910.

CHAP. 81.-An Act To authorize the Louisville and Nashville Railroad Company to reconstruct, maintain, and operate its railway bridges across the Escambia Bay, Choctawhatchee River, and Apalachicola River, in the State of Florida.

March 5, 1910. [S. 6051.] [Public, No. 76.]

Escambia Bay, Choctawhatchee and

Florida.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Louisville and Nashville Railroad Company is hereby authorized to reconstruct, operate, and Apalachicola rivers, maintain its bridges on the line of railroad between Pensacola and Louisville and River Junction in the State of Florida, to wit: First, its existing Nashville Railroad bridge over Escambia Bay; second, its existing bridge over Choctaw Company may bridge. hatchee River; third, its existing bridge over the Apalachicola River; all in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters,' approved March twenty-third, nineteen hundred and six.

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Vol. 34, p. 84.

SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, March 5, 1910.

March 5, 1910. [H. R. 18019.] [Public, No. 77.]

Arkansas western judicial district.

CHAP. 82.-An Act To amend section two of an Act entitled "An Act to regulate the practice in certain civil and criminal cases in the western district of Arkansas.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of an Act entitled "An Act to regulate the practice in certain civil and criminal Vol. 34, p. 207, cases in the western district of Arkansas," approved June second, nineteen hundred and six, be, and the same is hereby, amended so as to read as follows:

amended.

criminal cases to Fort

Trials on transfer.

"SEC. 2. That the defendants in criminal cases now or hereafter Transfer of certain pending in the district courts of the Harrison or Texarkana divisions Smith division. of the western district of Arkansas and who are incarcerated at Fort Smith to await trial because of their inability to furnish bail and who desire to plead guilty' may, on their written motion showing those facts and filed in the case, in vacation, and upon the order of the judge, duly signed and filed in the case, have their cases transferred to the Fort Smith division of the western district of Arkansas, to the end that trials may be had and sentences imposed as in other cases of like nature; and prisoners bound over to answer to indictments in the Harrison or Texarkana divisions of the western district of Arkansas for offenses committed in those divisions and who are incarcerated in the jail at Fort Smith, Arkansas, for inability to furnish bail, and who desire to plead guilty' to such offenses, may on their own motions have their cases submitted to a grand jury of the Fort Smith division for indictment and final disposition in the courts of that division, or in proper cases may plead to informations filed in the proper court in said division and have their cases disposed of as other cases of like nature when the offense was committed in the Fort Smith division. When a transfer is ordered, as provided in this section, the clerk shall make out and forthwith send a certified copy of the record entries, together with the indictment and all the original papers, to the clerk of the court to which such case is transferred, who shall file the same, and thereupon the case shall be proceeded with as other cases of like

Certified copies of record entries, etc.

paid by United States.

Compensation to be nature pending in such court. For making out said transcript and forwarding the same, together with the original papers in said case, the clerk of the court shall have the usual compensation for making out transcripts and for filing the petition and order and entering the order, and two dollars additional, all such compensation to be taxed and paid by the United States as other costs taxed against the United States are paid.

Approved, March 5, 1910.

March 8, 1910.

[S. 4639.] [Public, No. 78.]

Tonnage dues.

Exemption of ves

sea.

CHAP. 86.-An Act Concerning tonnage duties on vessels entering otherwise than by sea.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That vessels entering othersels not entering by wise than by sea from a foreign port at which tonnage or light-house dues or other equivalent tax or taxes are not imposed on vessels of the United States shall be exempt from the tonnage duty of two cents per ton, not to exceed in the aggregate ten cents per ton in any one year, prescribed by section thirty-six of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes."

Public Laws, 1st sess., p. 111.

Approved, March 8, 1910.

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CHAP. 87.-An Act To authorize the change of name of the steamers A. B. Wolvin and Cambria, owned by the Port Huron and Duluth Steamship Company.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Navigation is hereby authorized and directed, upon application by the owner, the Port Huron and Duluth Steamship Company, of Port Huron, Michigan, to change the names of the steamer A. B. Wolvin, official number one hundred and seven thousand five hundred and sixty-three, and the steamer Cambria, official number one hundred and twenty-six thousand four hundred and twenty.

Approved, March 8, 1910.

March 8, 1910. [H. R. 13410.]

[Public, No. 80.]

Army.

CHAP. 88.-An Act To modify the one hundred and twenty-second and one hundred and twenty-fourth articles of war, and to repeal the one hundred and twenty-third article of war.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the one hundred and R. S., sec. 1342, p. twenty-second and one hundred and twenty-fourth articles of war be, and hereby are, modified to read as follows:

Articles of war.

241, amended.

Command, when different corps happen to join.

Position of organized militia.

Rank of organized militia officers on

"ART. 122. If, upon marches, guards, or in quarters, different corps of the army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, organized militia, or volunteers, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful in the service, unless otherwise specially directed by the President, according to the nature of the case.

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ART. 124. Officers of the organized militia of the several States, duty with other when called into the service of the United States, shall on all detachments, courts-martial, and other duty, wherein they may be employed in conjunction with the regular or volunteer forces of the United

forces.

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