CHAP. 154.-An Act Providing that the State of Wyoming be permitted to relinquish to the United States certain lands heretofore selected and to select other lands from the public domain in lieu thereof. April 12, 1910. [S. 1866.] [Public, No. 128.] Public lands. Vol. 26, pp. 223, 224. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon the delivery to the Secretary of the Interior by the State of Wyoming of its properly change certain lands. executed and duly recorded deed or deeds reconveying to the United States of America, in fee simple, certain lands heretofore selected by and certified to said State under the provisions of an Act entitled "An Act to provide for the admission of the State of Wyoming into the Union, and for other purposes," approved July tenth, eighteen hundred and ninety, to wit: All of section thirty-six in township Description. thirty north, range eighty-five west; all of sections sixteen and thirty-six in township twenty-nine north, range eighty-four west; all of section sixteen in township twenty-eight north, range eightyfour west; all of section thirty-six in township twenty-eight north, range eighty-five west; all of sections one and twelve, north half and southwest quarter of section thirteen in township twenty-seven north, range eighty-five west; all of sections seven, eighteen, nineteen, and twenty in township twenty-seven north, range eighty-four west; all of section sixteen in township fifty-two north, range one hundred and three west; southeast quarter of northeast quarter, east half of southeast quarter of section fifteen, south half of north half, southwest quarter, west half of southeast quarter of section fourteen, east half of northeast quarter, northeast quarter of southeast quarter of section twenty-two, northwest quarter of southwest quarter, northeast quarter of northwest quarter, west half of northwest quarter, northwest quarter of northeast quarter of section twenty-three, south half of northeast quarter of section thirteen in township fifty-two north, range one hundred and three west; south half of northwest quarter, north half of southwest quarter of section eighteen in township fifty-two north, range one hundred and two west; northeast quarter of southwest quarter, northwest quarter of southeast quarter of section eleven in township fifty-two north, range one hundred and three west; northeast quarter of northeast quarter of section nine in township fifty-two north, range one hundred and three west; and southeast quarter of southeast quarter of section twenty-seven, northwest quarter of northeast quarter of section thirty-four in township fifty-two north, range one hundred and three west; the land so described having been acquired under the grant of sections numbered sixteen and thirty-six for the support of common schools; and selected under the grant of two hundred and sixty thousand acres for state charitable, educational, penal, and reformatory institutions, said selections being approved by the Secretary of the Interior on April twenty-ninth, eighteen hundred and ninety-seven, December fourteenth, nineteen hundred, and June third, eighteen hundred and ninety-eight, the said State shall be Selection by State. authorized and permitted to select an equal number of acres from the unreserved, non-mineral, unappropriated public lands of the United States in said State in the same manner, for the same purposes, and subject to the same conditions and limitations under which the lands so reconveyed were selected and held. SEC. 2. That the lands so reconveyed shall be restored to and become a part of the public domain and be subject to disposal by the Government in the same manner in which other public lands of a like character are disposed of: Provided, That no portion of the lands so reconveyed shall be subject to settlement, entry, location, or selection under the public land laws of the United States until the Secretary of the Interior shall decide that such lands are not needed. for any public purpose. Approved, April 12, 1910. 24768°-61-2-PT 1 Lands restored to public domain. Proviso. April 12, 1910. [S. 3544.] [Public, No. 129.] lands. Pipe lines Public and granted right of way through, in Arkansas. Applications. Use restricted. Forfeiture for nonuser, etc. Forfeiture for violation of antitrust law. Vol. 26, p. 209. April 12, 1910. [S. 3983.] [Public, No. 130.] Reservation, Mont. Vol. 33, p. 302, amended. CHAP. 155.—An Act To grant right of way over the public domain in the State of Arkansas for oil or gas pipe lines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a right of way through the public lands of the United States in the State of Arkansas is hereby granted for pipe-line purposes to any citizen of the United States or any company or corporation authorized by its charter to transport oil, crude or refined, or natural gas which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proof of organization under the same, to the extent of the ground occupied by the said pipe line and ten feet on each side of the center line of same. SEC. 2. That any citizen of the United States, company, or corporation desiring to secure the benefits of this Act shall within twelve months after the location of ten miles of the pipe line, if the same be upon surveyed land, and if the same be upon unsurveyed lands within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its lines, and upon the approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in said office, and thereafter all such land over which such line shall pass shall be disposed of subject to such right of way. SEC. 3. That nothing in this Act shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care. SEC. 4. That if any section of said pipe line shall not be completed within one year after the approval by the Secretary of the Interior of said section, or if any section of said pipe line shall be abandoned or shall not be used for a period of two years, the right of way herein granted as to any uncompleted, abandoned or unused section of said pipe line shall be forfeited to the extent that the same is not completed or is abandoned or unused at the date of the forfeiture, without further action or declaration on the part of the Government or any proceedings or judgment of any court. SEC. 5. That if any citizen, company, or corporation taking advantage of the benefits of this Act, shall violate the Act of July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies" (commonly known as the Sherman antitrust act), or any amendment thereof, the right of way herein granted shall be forfeited without further action or declaration on the part of the Government or any proceedings or judgment of any court. Approved, April 12, 1910. CHAP. 156.-An Act To amend the Act of April twenty-third, nineteen hundred and four (Thirty-third Statutes at Large, page three hundred and two), entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment," and all amendments thereto. Be it enacted by the Senate and House of Representatives of the United Flathead Indian States of America in Congress assembled, That the Act of April twentyOpening, to entry, third, nineteen hundred and four (Thirty-third Statutes at Large, page three hundred and two), entitled "An Act for the survey and Vol. 34, p. 354; Vol. allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana," and all amendments thereto, be amended by adding thereto the following sections: 35, p. 448. Flathead Lake. ing. and "SEC. 23. That the Secretary of the Interior be, and he is hereby, sale of land adjoin- authorized to cause to be surveyed and subdivided into lots of not less than two acres or more than five acres in area all of the unallotted lands fronting on Flathead Lake in the State of Montana, that are embraced within the limits of the Flathead Indian Reservation, whether classified as grazing, agricultural, or timber lands, and may sell same to the highest bidder at public sale subject to the right to reject any and all bids. The proceeds from the sale of said lands, Proceeds. after deducting the expense of the survey and sale thereof, shall be paid into the Treasury and expended as heretofore provided in section fourteen as amended by the Act of May twenty-ninth, nineteen hun- Vol. 35, p. 450. dred and eight. "SEC. 24. That where allotments of lands have been made in severalty to said Indians from the lands embraced within the area of said Flathead Indian Reservation, which are or may be irrigable lands, the Secretary of the Interior may, upon application of the Indian allottee, sell and dispose of not to exceed sixty acres of such individual allotment of land under such terms and conditions of sale as the Secretary of the Interior may prescribe, one-half of the proceeds of the sale of said individual allotment to be paid to the Indían allottee and the remaining half of the proceeds of sale to be held in trust for the said Indian allottee, upon which he shall be paid annually not less than three per centum interest, the remaining principal sum to be paid to said allottee or his heirs when the full period of his trust patent for the remaining lands covered by his allotment shall have expired, or sooner, should the Secretary of the Interior, in his judgment, deem it best for said Indian allottee. Irrigable lands. Sale of allotments on. Proceeds. exchange for relin quished allotments on power, etc., sites. "SEC. 25. That the Secretary of the Interior is hereby authorized Reservations, to to set aside and reserve so much of the surplus unallotted and otherwise unreserved lands of the Flathead Indian Reservation as may be necessary to provide an allotment to each Indian having an allotment on any of the lands set aside and reserved for power or reservoir sites, as authorized by section twenty-two of the Act of March third, nineteen hundred and nine (Thirty-fifth Statutes at Large, page seven hundred and ninety-six), who may relinquish his allotment within such power or reservoir sites. Vol. 35, p. 796. Condemnation of "And in the event of the failure, neglect, or refusal of any such allotments on reserallottee to relinquish any allotment made to him on any land reserved voir sites. or necessary for reservoir sites, as aforesaid, the Secretary of the Interior is authorized to bring action under the provision of the laws of the State of Montana to condemn and acquire title to any and all lands necessary or useful for said reservoir sites that have heretofore been allotted on said Flathead Indian Reservation lands." Approved, April 12, 1910. CHAP. 157.-An Act To reorganize and enlist the members of the United States Naval Academy Band. April 12, 1910. [H. R. 89.] [Public, No. 131.] Naval Academy. Pay, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Naval Academy Band reorganized. Band shall consist of one leader, who shall have the pay and allowance of a second lieutenant in the Marine Corps; one second leader, with pay at the rate of fifty dollars per month; twenty-nine musicians, first class, and eleven musicians, second class; and shall be paid from "Pay of the navy. SEC. 2. That the members of the Naval Academy Band as now organized shall be enlisted in the navy and credited with all prior service of whatever nature as members of said band, as shown by the records of the Naval Academy and the pay rolls of the ships and academy; and the said leader and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other enlisted men of the navy: Provided, That no back pay shall be allowed to the leader or to any member of the said band by reason of the passage of this act. Approved, April 12, 1910. Enlistment, etc. Proviso. No back pay, etc. April 12, 1910. [S. 7246.] [Public, No. 132.] Sparta, Wis. Milwaukee, Sparta granted right of way CHAP. 158.-An Act Granting a right of way to the Milwaukee, Sparta and Northwestern Railway Company, a subsidiary company of the Chicago and Northwestern Railway Company, across the military reservation (United States artillery target range and maneuver grounds) near Sparta, Monroe County, Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the and Northwestern United States is hereby given to the Milwaukee, Sparta and NorthRailway Company western Railway Company, a subsidiary company of the Chicago and army target Northwestern Railway Company, to locate, construct, maintain, and operate a railroad upon and across the military reservation used for artillery target range and maneuver purposes, near Sparta, in Monroe County, Wisconsin, upon such location and under such regulations and conditions as shall be approved by the Secretary of War. across range at. Amendment. SEC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 12, 1910. April 14, 1910. [H. R. 5702.] [Public, No. 133.] Railway safety ap pliances. Application of laws. Vol. 27, p. 531; Vol. CHAP. 160.-An Act To supplement "An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving wheel brakes and for other purposes," and other safety appliance Acts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall apply to every common carrier and every vehicle subject to the Act of March second, eighteen hundred and ninety-three, as 29, p. 85; Vol. 32, p. 943. amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, commonly known as the "Safety Appliance Acts." Common carriers. ed after July 1, 1911, Sill steps and hand brakes. ning board. Hand holds or irons. Proviso. Long commodities. ment required in six months. SEC. 2. That on and after July first, nineteen hundred and eleven, it shall be unlawful for any common carrier subject to the provisions of this Act to haul, or permit to be hauled or used on its line any car subject to the provisions of this Act not equipped with appliances provided for in this Act, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and grab running boards, and all cars having ladders shall also be equipped with secure hand holds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such purpose. Standard equip- SEC. 3. That within six months from the passage of this Act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the appliances provided for by section two of this Act and section four. of the Act of March second, eighteen hundred and ninety-three, and shall give notice of such designation to all common carriers subject to the provisions of this Act by such means as the commission may deem proper, and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this Act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this Act: Provided, That the Interstate Commerce Commission may, upon full hearing and for good cause, extend the period within which any common carrier shall comply with the provisions of this section with respect to the equip Vol. 27, p. 531. Penalty. Proviso. Extension of period. ment of cars actually in service upon the date of the passage of this Act. Said commission is hereby given authority, after hearing, to draw bars. Modifying standard modify or change, and to prescribe the standard height of draw bars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission. tions. Vol. 27, p. 532; Vol. 29, p. 85; Vol. 32, p. Proviso. SEC. 4. That any common carrier subject to this Act using, hauling, Penalty for violaor permitting to be used or hauled on its line, any car subject to the requirements of this Act not equipped as provided in this Act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered as provided in section six of the Act of March second, eighteen hundred and ninety-three, as amended April 343. first, eighteen hundred and ninety-six: Provided, That where any Huling defective car shall have been properly equipped, as provided in this Act and cars for necessary rethe other Acts mentioned herein, and such equipment shall have pairs. become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by section four of this Act or section six of the Act of March second, eighteen hundred and ninety-three as amended by the Act of April first, eighteen hundred and ninety-six, if such movement is necessary to make such repairs and such repairs can not be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this Act and the other Acts herein referred to; and nothing in this proviso shall be construed to permit Use of chains limthe hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain live stock or 'perishable" freight. Risk of carrier. ited. Liability for hauling defective cars ex SEC. 5. That except that, within the limits specified in the preceding section of this Act, the movement of a car with defective cept for repairs. or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in this Act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred 29, p. 85; Vol. 32, p. 943. and ninety-six, and March second, nineteen hundred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, shall apply to this Act. Vol. 27, p. 531; Vol. Enforcement by Interstate Commerce SEC. 6. That it shall be the duty of the Interstate Commerce Commission to enforce the provisions of this Act, and all powers Commission. heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this Act. Approved, April 14, 1910. |