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May 6, 1910. [S. 7360.]

[Public, No. 162.]

Menominee River.

may bridge.

CHAP. 205.-An Act To give the consent of Congress to the building of a bridge by the cities of Marinette, Wisconsin, and Menominee, Michigan, over the Menominee River.

Be it enacted by the Senate and House of Representatives of the United Marinette, Wis., and States of America in Congress assembled, That the consent of Congress Menominee, Mich., be, and is hereby, given to the cities of Marinette, in the State of Wisconsin, and Menominee, in the State of Michigan, to construct and maintain a bridge, and approaches thereto, over the Menominee River, between the States of Wisconsin and Michigan, from a point suitable to the interests of navigation at or near the foot of Hattie street, in the city of Marinette, Wisconsin, to a point in the city of Menominee, Michigan, on the Michigan shore of the Menominee River, immediately east of the west line of section three, township thirty-one north, range twenty-seven west of the principal meridian of Michigan, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March twentythird, nineteen hundred and six.

Vol. 34, p. 84.

Amendment.

May 6, 1910.

[S. 7673.]

[Public, No. 163.]

Town Creek, N. C.
Wilmington, Bruns-

may bridge.

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

Approved, May 6, 1910.

CHAP. 206.-An Act To authorize the construction of a bridge across Town Creek, North Carolina.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Wilmington, Brunswick and Southern Wick and Southern Railroad Company, a corporation organized under Railroad Company the laws of the State of North Carolina, be, and is hereby, authorized to construct and maintain a bridge and approaches thereto across Town Creek, at a point suitable to the interests of navigation, in Brunswick County, North Carolina, 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. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Vol. 34, p. 84.

Amendment.

May 6, 1910.

[H. R. 1014.]

[Public, No. 164.]

Harrisonville, N. J.

Finns Point national cemetery.

Approved, May 6, 1910.

CHAP. 207.-An Act Providing for the repair and rebuilding of the road from Harrisonville, New Jersey, to the post of Fort Mott, New Jersey, and the national cemetery at Finns Point, New Jersey.

Be it enacted by the Senate and House of Representatives of the United Appropriation for States of America in Congress assembled, That the sum of ten thousand road to Fort Mott, and dollars, or so much thereof as may be necessary, be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of repairing and rebuilding the road leading from Harrisonville, New Jersey, to the post of Fort Mott, New Jersey, and the national cemetery at Finns Point, New Jersey; said sum to be expended under the direction of the Secretary of War: Provided, That no work shall be begun on said road until the consent of the local municipal authorities is obtained.

Proviso.

Municipal consent.

[blocks in formation]

Approved, May 6, 1910.

CHAP. 208.-An Act Requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the general manager, superintendent, or other proper officer of every common carrier engaged in interstate or foreign commerce by railroad

Proviso.

To be omitted from

to make to the Interstate Commerce Commission, at its office in
Washington, District of Columbia, a monthly report, under oath, of
all collisions, derailments, or other accidents resulting in injury to
persons, equipment, or roadbed arising from the operation of such
railroad under such rules and regulations as may be prescribed by the
said commission, which report shall state the nature and causes thereof
and the circumstances connected therewith: Provided, That hereafter
all said carriers shall be relieved from the duty of reporting accidents annual report.
in their annual financial and operating reports made to the commission.
SEC. 2. That any common carrier failing to make such report within
thirty days after the end of any month shall be deemed guilty of a
misdemeanor, and upon conviction thereof by a court of competent
jurisdiction shall be punished by a fine of not more than one hundred
dollars for each and every offense and for every day during which it
shall fail to make such report after the time herein specified for making
the same.

Penalty.

Investigation by Interstate Commerce

SEC. 3. That the Interstate Commerce Commission shall have authority to investigate all collisions, derailments, or other accidents Commission. resulting in serious injury to person or to the property of a railroad occurring on the line of any common carrier engaged in interstate or foreign commerce by railroad. The commission, or any impartial Authority conferred. investigator thereunto authorized by said commission, shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose may subpoena witnesses, administer oaths, take testimony, and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said carriers with all reasonable facilities: Provided, That when such accident is investigated by a commission of the State in State commissions. which it occurred, the Interstate Commerce Commission shall, if convenient, make any investigation it may have previously determined upon, at the same time as, and in connection with, the state commission investigation. Said commission shall, when it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper.

SEC. 4. That neither said report nor any report of said investigation nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation.

SEC. 5. That the Interstate Commerce Commission is authorized to prescribe for such common carriers a method and form for making the reports herein before provided.

SEC. 6. That the Act entitled "An Act requiring common carriers engaged in interstate commerce to make full reports of all accidents to the Interstate Commerce Commission," approved March third, nineteen hundred and one, is hereby repealed.

SEC. 7. That the term "interstate commerce," as used in this Act, shall include transportation from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the term "foreign commerce," as used in this Act, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia.

Proviso.
Cooperation with

Publication, etc., of reports.

Reports inadmisdamage suits.

sible as evidence in

Form of reports.

Prior act repealed.
Vol. 31, p. 1446.

Definitions.
Interstate

com

merce."

"Foreign com

merce."

In effect in sixty

SEC. 8. That this Act shall take effect sixty days after its passage. days.
Approved, May 6, 1910.

May 6, 1910. [H. R. 19719.]

[Public, No. 166.] Navy. Guy K.

fessor of mathematics.

pp. 249, 257, amended.

CHAP. 209.-An Act To authorize the President to appoint Guy K. Calhoun as additional professor of mathematics in the navy.

Be it enacted by the Senate and House of Representatives of the United Calhoun States of America in Congress assembled, That the President be, and may be appointed pro- hereby is, authorized to appoint Guy K. Calhoun, by and with the R. S., sees. 1399, 1480, advice and consent of the Senate, as additional professor of mathematics in the navy, as an extra number with the rank, pay, and allowances of ensign, to be promoted as his classmates are advanced until he reaches the grade of lieutenant, then to be advanced in rank and pay in the same manner as other members of the corps of professors of mathematics: Provided, That such appointment may be made when the said Guy K. Calhoun shall establish his professional fitness, by the usual examination, to the satisfaction of the Secretary of the Navy. Approved, May 6, 1910.

Proviso.

Examination, etc.

May 6, 1910. [H. R. 23255.]

[Public, No. 167.]

Saint Francis River counties may bridge.

Butler and Stoddard

at Fisk, Mo.

Vol. 34, p. 84.

Amendment.

CHAP. 210.-An Act To authorize Butler and Stoddard counties of Missouri to construct a bridge across the Saint Francis River at Fisk, Missouri.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the counties of Butler and Stoddard, in the State of Missouri, corporations organized under the laws of the State of Missouri, are hereby authorized to construct, maintain, and operate a bridge, and approaches thereto, across the Saint Francis River, at a point suitable to the interests of navigation, at or near Fisk, Missouri, in the county of Butler, in the State of Missouri, 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.

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

Approved, May 6, 1910.

May 6, 1910. [H. R. 20849.]

[Public, No. 1671.]

Navy.

CHAP. 211.-An Act Authorizing the President to appoint John K. Barton, now a captain on the retired list of the United States Navy, to be an engineer in chief, retired, with rank of rear-admiral on the retired list of the United States Navy. Be it enacted by the Senate and House of Representatives of the United John K. Barton. States of America in Congress assembled, That the President is hereby Transferred to rank authorized to appoint John K. Barton, now a captain on the retired list of the United States Navy, to be engineer in chief, retired, with rank of rear-admiral on the retired list of the United States Navy, said transfer to take effect from December twenty-second, nineteen hundred and eight.

of rear-admiral, retired.

Approved, May 6, 1910.

May 7, 1910. [H. R. 16367.] [Public, No. 168.]

United States courts.

Immunity of wit nesses, etc., repealed,

R. S., sec. 860, p. 163, repealed.

CHAP. 216.-An Act To repeal section eight hundred and sixty of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight hundred and sixty of the Revised Statutes of the United States be, and the same is hereby, repealed.

Approved, May 7, 1910.

CHAP. 217.-An Act Providing for the raising of the United States battle ship Maine, in Habana Harbor, and to provide for the interment of the bodies therein.

May 9, 1910.

[H. R. 23012.]

[Public, No. 169.]

Wreck to be

Harbor.

re

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War Battleship "Maine." and the Chief of Engineers are hereby authorized and directed to pro- moved from Habana vide with all convenient speed for the raising or the removal of the Hor Interment of bodies, wreck of the United States battle ship Maine from the harbor of etc. Habana, Cuba, and for the proper interment of the bodies therein, in Arlington Cemetery; and the Secretary of War is authorized and directed to remove the mast of the wreck of said battle ship Maine and place the same upon a proper foundation in Arlington National Cemetery at or near the spot where the bodies of those who died through such wreck are interred: Provided, however, That the consent in proper form of the Republic of Cuba shall be first obtained. The sum of one hundred thousand dollars is hereby appropriated, out of any money in Post, p. 789. the Treasury not otherwise appropriated, on account of the work herein authorized.

Approved, May 9, 1910.

CHAP. 225.-An Act To authorize the opening of a road along the Anacostia River in the District of Columbia.

Proviso.
Consent from Cuba.
Appropriation.

May 10, 1910. [H. R. 19038.] [Public, No. 170.]

District of Columbia.
Road along Anacos-

Condemning land

Vol. 34, pp. 151, 930.

Location,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That under and in accordance with the provisions of an Act entitled "An Act to amend an Act tia River. entitled 'An Act to establish a Code of Law for the District of Colum- for. bia,' regulating proceedings for condemnation of land for streets,' approved April thirtieth, nineteen hundred and six, known as subchapter one of chapter fifteen of the Code of Law of the District of Columbia, except section four hundred and ninety-one g of said subchapter, which section shall not be applicable to 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 a proceeding in rem to condemn and acquire the fee simple and absolute title, including all riparian rights and all other rights pertaining thereto, to a strip of land for a public highway and for park purposes along the Anacostia River and bounded by said river, from Monroe street extended to the right of way of the outfall sewer at and near Poplar Point and from the southwest corner of the grounds of the Government Hospital for the Insane along said Anacostia River to Giesboro Point, near the western terminus of Memphis street, as shown on the permanent system of highway plans for the District of Columbia. The northern and western boundary of said strip of land shall be coincident with the high-water line of the said Anacostia River, and the southern and eastern boundary of the said strip of land shall be not more than one hundred and sixty feet therefrom: Provided, half of damages That of the amount found due and awarded as damages for and in assessed as benefits. respect of the land condemned under this Act for the said public highway and park not less than one-half thereof, together with all the costs and expenses of the proceeding or proceedings taken pursuant hereto, shall be assessed as benefits by the jury in said proceeding against the lots, pieces, or parcels of ground lying on the side or sides of the extension of the said public highway and park and also on all or any adjacent pieces or parcels of land which will be benefited by the said public highway and park as herein provided: And provided fur- benefits. ther, That the sums to be assessed against each lot, piece, or parcel of ground shall be determined and designated by the jury, and in determining what amount shall be assessed against any particular lot, piece,

Provisos.

Determination

Appropriation benefits, etc.

Repayment.

May 11, 1910.

[S. 2777.] [Public, No. 171.]

tional Park, Mont.

Land set apart as.
Description.

Removal of

passers.

for

or parcel of ground the jury shall take into consideration the situation of the said lot, piece, or parcel of ground and the benefits they may severally receive from the opening of the said public highway and park.

SEC. 2. That there is hereby appropriated out of the revenues of the District of Columbia an amount sufficient to pay the costs and expenses of the condemnation proceedings taken pursuant hereto and for the payment of amounts awarded as damages, one-half of the said amount 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, May 10, 1910.

CHAP. 226.-An Act To establish "The Glacier National Park" in the Rocky Mountains south of the international boundary line, in the State of Montana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United The Glacier Na States of America in Congress assembled, That the tract of land in the State of Montana particularly described by metes and bounds as follows, to wit: Commencing at a point on the international boundary between the United States and the Dominion of Canada at the middle of the Flathead River; thence following southerly along and with the middle of the Flathead River to its confluence with the Middle Fork of the Flathead River; thence following the north bank of said Middle Fork of the Flathead River to where it is crossed by the north boundary of the right of way of the Great Northern Railroad; thence following the said right of way to where it intersects the west boundary of the Blackfeet Indian Reservation; thence northerly along said west boundary to its intersection with the international boundary; thence along said international boundary to the place of beginning, is hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the tres- United States under the name of "The Glacier National Park;" and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States or the rights of any such claimant, locator, or Rights of way for entryman to the full use and enjoyment of his land: Provided further, That rights of way through the valleys of the North and Middle forks of the Flathead River for steam or electric railways may be acquired within said Glacier National Park under filings or proceedings heretofore or hereafter made or instituted under the laws applicable to the acquisition of such rights over or upon the unappropriated public Reclamation proj domain of the United States, and that the United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and No indemnity selec- maintenance of a government reclamation project: And provided further, That no lands within the limits of said park hereby created belonging to or claimed by any railroad or other corporation now having or claiming the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of said park.

Provisos.

Valid rights not affected.

railways.

ects,

tions allowed corporations.

Regulations for protection, etc.

SEC. 2. That said park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations not inconsistent

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