Provisos.

Lights, etc

Litigation.

right angles to, the current of the river: Provided, also, That said draw Opening draw. shall be opened promptly by said company, upon reasonable signal, for the passage of boats and rafts, and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the Unobstructed free navigation of said river, and if any bridge erected under such aunavigation. thority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction, to the free navigation of said river, caused or alleged to be caused by said bridg, the case may be brought in the district court of the United States of the State of Kansas in which any portion of said obstruction or bridge may be located: And provided further, That nothing in this act shall be construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the naviExisting laws. gation of rivers, or to exempt this bridge from the operation of the Wagon and same: Provided, That said company may construct a wagon and foot foot bridge pro- bridge alone, and in case of the construction of a wagon and foot bridge alone the draws shall be of the same length herein provided, and shall be of such construction as shall be approved by the Secretary of War, and shall be subject to all the provisions herein contained in respect to being promptly opened to admit of the unobstructed navigation of said river, and of keeping the same lighted as herein provided in case of railroad and wagon bridge; and in such case the provisions herein in relation to use for railroad purposes shall not apply. SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same, and and over the Compensation. 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 sum or sums to be paid 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.

visions.

Use by railroad companies.

Decision by Secretary of War. Secretary of War to approve plans, etc.

SEC. 5. That any bridge authorized to be constructed under this act shall be built and located 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 said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one-half mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War.

SEC. 6. That the right to alter, amend, or repeal this act is hereby Amendment, expressly reserved. And the right to require any changes in said

etc.

Commencement

structure, or its entire removal, at the expense of the owners thereof, whenever the Secretary of War shall decide that the public interest requires it, is also expressly reserved.

SEC. 7. That this act shall be null and void if actual construction of and completion. the bridge herein authorized be not commenced within one year and completed within three years from the date thereof.

Approved, March 2, 1889.

CHAP. 402.- An act to amend an act entitled "An act to authorize the Fort Smith and Choctaw Bridge Company to construct a bridge across the Poteau River in the Choctaw Nation, near Fort Smith, Arkansas."

March 2, 1889.

Vol. 25, p. 884.

Ind. Ter.

Be it enacted by the Senate and House of Representatives of the United Bridge across States of America in Congress assembled, That an act entitled "An act Potean River, to authorize the Fort Smith and Choctaw Bridge Company to construct Law, 1st sess. a bridge across the Poteau River, in the Choctaw Nation, near Fort 50th Cong., Smith, Arkansas," approved June eighteenth, eighteen hundred and 184. eighty-eight, be amended as follows:

"That the district court of the United States for the western district of Arkansas, or such other court of the United States as may have

p.

jurisdiction over the Indian Territory in which such bridge is located, Jurisdiction in shall have jurisdiction over all controversies arising between the said litigation. Fort Smith and Choctaw Bridge Company and the Choctaw tribe of Indians; and said court shall have like jurisdiction without reference to the amount in controversy over all controversies arising between the individual members of said nation or tribe of Indians and said bridge company; and, also, over all controversies which may arise between the stockholders of said company, and the company between the stockholders; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Nation without distinction to citizen- tion of courts exship of the parties so far as the name may be necessary to carry out tended. the provisions of this act."

Civil jurisdic.

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

etc.

Approved, March 2, 1889.

CHAP. 403.-An act to approve and ratify the construction by the Vicksburg, March 2, 1889. Shreveport and Pacific Railroad Company of the bridge over the Red River at Vol. 25, p. 885. Shreveport, Louisiana, and the bridge over the Ouachita River at Monroe, Louis. iana, and to authorize said railroad company to maintain said bridges over said water-ways, subject to certain stipulations and conditions.

by

Shreveport and

Be it enacted by the Senate and House of Representatives of the United Construction States of America in Congress assembled, That the construction by the of bridges Vicksburg, Shreveport and Pacific Railroad Company, a corporation Vicksburg, owning and operating a railroad in northern Louisiana from a point on Pacific Railroad the Mississippi River opposite the city of Vicksburg, Mississippi, to Company across Shreveport, Louisiana, of the bridge over the Red River at Shreveport, Red River at Louisiana, and the bridge over the Ouachita River at Monroe, Louis- Shreveport, La., iana, be, and the same hereby is, approved and ratified, subject to the River at Monroe, stipulations and conditions hereinafter set forth. La., ratified.

and Ouachita

routes.

SEC. 2. That said bridges so long as maintained according to the lim- Lawful structitations of this act shall be lawful structures, and shall be known and ures and postrecognized as post-routes, and the same are hereby declared to be postroutes, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, or for through passengers or freight passing over the same than the rate per mile paid for their transportation over the railroads leading to said bridges; and the United States shall have the right of way across said bridges for a postal telegraph.

SEC. 3. That said bridges shall always be provided with a suitable draw, and shall be maintained by said railroad company, and at its expense, so as not to interfere with the navigation of said rivers, and in such way as to render navigation through the same free, easy, and unobstructed.

SEC. 4. That said bridges shall be under and subject to such regu. lations for the security of the navigation of said rivers as the Secretary of War shall prescribe, and the present plan and structure of said bridges shall not be altered or changed except by consent of the Secretary of War, and with his approval of the proposed change or alteration.

Postal tele. graph. Draws.

Security of navigation.

SEC. 5. That Congress reserves the right to alter, amend, or repeal Amendment, this act at any time; and that if at any time navigation of the said etc. rivers shall in any manner be obstructed or impaired by the said bridges the Secretary of War shall have authority, and it shall be his Changes. duty, to require the said railroad company to alter and change the said bridges, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment; and if upon

Removing ob reasonable notice to said railroad company to make such change or imstructions to provements the said company fails to do so, the Secretary of War shall navigation. have authority to make the same at the expense of said company, and all the rights conferred by this act shall be forfeited; and Congress shall have power to do any and all things necessary to secure the free navigation of the rivers; and the said railroad company in owning, operating and maintaining said bridges, shall be subject to the provisions and penalties prescribed in sections nine and ten of an act entitled "An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," which was received by the President of the United States July thirty-first, eighteen hundred and eighty-eight, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, became a law without his approval.

Laws, 1st sess. 50th Cong., p.425.

Opening draw.

Lights, etc.

Use by other companies.

Compensation.

SEC. 6. That the draw provided for the said bridges shall be opened promptly, upon reasonable signal, for the passing of boats; and said railroad company shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridges as the LightHouse Board shall prescribe.

SEC. 7. That all railroad companies desiring the use of said bridge 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 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 Decision by agree upon the sum or sums to be paid, and upon rules and condiSecretary of tions 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.

War.

Litigation.

SEC. 8. That on the failure of the said railroad company to obey this act and to conform to the provisions thereof any municipal corporation adjacent to said bridges, or interested in the enforcement of this act, or any other corporation, person, or persons injuriously affected by such failure, may institute suit against said railroad company, by mandamus or other appropriate proceedings, in the circuit court of the United States within the jurisdiction of which said bridges are located, in the name of the United States, upon the relation of the party complaining, to enforce the provisions of this act. Such suit shall be brought by the United States district attorney for the district within which said bridges are situated, and said court shall have full power by its judgment and decree to compel said railroad company to comply with the provisions of this law. Approved, March 2, 1889.

March 2, 1889. CHAP. 404.-An act making appropriations for fortifications and other works of Vol. 25, p. 886. defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Fortifications States of America in Congress assembled, That the sums of money herein appropriations. provided for be, and the same are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expendedUnder superviunder the direct supervision of the Board of Ordnance and Fortificasion of Board. tion, created by the fortification appropriation act approved September Laws, 1st sess. twenty-second, eighteen hundred and eighty-eight, and in the manner 50th Cong., p. 489. prescribed by said act, namely:

Preservation and repair. Plans.

Torpedoes.

PRESERVATION AND REPAIR OF FORTIFICATIONS: For the protection, preservation, and repair of fortifications, one hundred thousand dollars. For preparation of plans of fortifications, five thousand dollars. TORPEDOES FOR HARBOR DEFENSE: For the purchase of submarine mines and necessary appliances to operate them for closing the channels leading to our principal sea-ports, two hundred and fifty thousand dollars.

For needful casemates and cable galleries to render it possible to operate submarine mines, two hundred and fifty thousand dollars.

For continuing torpedo experiments and for practical instruction of engineer troops in the details of the service, thirty thousand dollars.

For the purchase of movable submarino torpedoes, in the discretion of the board on ordnance and fortifications, fifty thousand dollars. For torpedo-shed at San Francisco Harbor, twenty-two thousand dollars.

ARMAMENT OF FORTIFICATIONS: For the finishing and assembling of Steel guns. eight-inch, ten-inch, and twelve-inch steel guns made from forgings procured under the act of September twenty-second, eighteen hundred and eighty-eight, thirty-five thousand dollars.

For the purchase of steel forgings for field and siege cannon, as

follows:

For steel forgings for not less than twenty-four three and six-tenths inch field guns, twenty-four thousand dollars;

For steel forgings for not less than ten five-inch siege guns, twenty Steel forgings. thousand dollars;

For steel forgings for not less than ten seven-inch siege howitzers,

eighteen thousand dollars;

For steel forgings for not less than sixteen three and six-tenths inch

field mortars, two thousand dollars;

For manufacture of field and siege cannon (finishing and assembling) Field and siege within the fiscal year eighteen hundred and ninety, fourteen thousand guns

dollars; in all, seventy-eight thousand dollars.

For the test of experimental guns procured under the act of Septem- Tests, etc. ber twenty-second, eighteen hundred and eighty-eight, namely, for one ten-inch wire wound gun, steel, twenty-eight thousand dollars; for one twelve-inch gun, steel hooped, thirty-nine thousand five hundred dollars; for procuring one ten-inch disappearing gun-carriage, thirteen thousand five hundred dollars; for gun platforms at proving ground, six thousand five hundred dollars; for projectiles for field, siege, and sea-coast guns for issue to the service, twenty-eight thousand five hundred dollars; for siege-gun powder for issue to the service, seven thousand dollars; for fuzes and implements for issue to the service, two thousand dollars; in all, one hundred and twenty-five thousand dollars.

For the alteration of barbette carriages for ten-inch smooth-bore Alterations, guns to adapt them to the service of eight-inch muzzle-loading con- etc. verted rifles, fifty-four thousand dollars; for the alteration of barbette carriages for fifteen-inch smooth-bore guns to adapt them to present service conditions, forty-six thousand dollars, in all one hundred thousand dollars.

For the manufacture of carriages for twelve-inch breech-loading Carriages. rifled mortars, procured under the act of September twenty-second, eighteen hundred and eighty-eight, one hundred thousand dollars.

For the manufacture of forty caissons and ten combined battery Caissons, etc. wagons and forges for three and two-tenths inch field guns, forty-three thousand two hundred and seventy-four dollars.

For procuring the necessary instruments and other materials and for Artillery practhe proper installation of instruments for conducting the annual tice. heavy artillery practice of the Army, twenty thousand dollars.

For repairs and improvements at the Ordnance Proving Ground Proving ground, Sandy Hook, New Jersey, namely: Repairing dock and dredging, five Sandy Hook, N.J. thousand five hundred dollars; relaying roads and walks, three thou- Repairs, etc. sand eight hundred dollars; repairs to officers' quarters, two thousand dollars; repairs to foreman's and soldiers' quarters, two thousand six hundred dollars; repairs to office, five hundred dollars; repairs to shops and store-houses, one thousand dollars; machinery for shops, four thousand dollars; clearing ground about ranges, six hundred dollars; laying narrow gauge tramway to proof butts and targets, five thousand three hundred and twenty dollars; in all, twenty-five thousand three hundred and twenty dollars: Provided, That all material purchased under this act shall be of American manufacture. Approved, March 2, 1889.

CHAP. 406.-An act authorizing the constructing of a bridge across the Osage March 2, 1889. River, at some accessible point in the county of Benton, in the State of Missouri. Vol. 25, p. 899.

Chicago, Saint Be it enacted by the Senate and House of Representatives of the United Louis, Kansas States of America in Congress assembled, That the Chicago, Saint Louis, City and Galves Kansas City and Galveston Railway Company, an incorporation or- ton Railway ganized under the laws of the State of Illinois, its assigns or success- bridge Osage Company may ors, is hereby authorized to construct and maintain a bridge across the River, Mo.

Secretary

Provisos. Spans.

Draw.

of

Osage River at such point as may hereafter be selected by said corporation in the county of Benton, in the State of Missouri, as shall best promote the public convenience and welfare and the necessities of business and commerce, and also to construct accessory works to secure the best practicable channel-way for navigation, and to lay on and over said bridge one or more railroad tracks for the more perfect connection of any railroads that are or shall be constructed to said river at or opposite said point.

SEC. 2. That said bridge shall be constructed and built without War to approve interference with the security and convenience of navigation of said plans, etc. river; and in order to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval a design and drawings of the bridge, and a map of the location, giving, for the space of one-half mile above and one-half mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built: Provided, That if the said bridge shall be built with unbroken and continuous spans they shall conform in length and height to the requirements of the Secretary of War: And provided, also, That if any bridge built under this act shall be constructed as a drawbridge, the same shall constructed as a pivot drawbridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans of such length as the Secretary of War shall prescribe, and the head room under said bridge shall conform to the requirements of the Secretary of War: Opening draw. Provided, also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe: Provided, also, That said draw shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board Use by other shall prescribe: Provided, also, That all railroad companies desiring companies. the use of said bridge 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 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 Decision of use shall fail to agree upon the sum or sums to be paid, and upon rules Secretary of 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.

Lights, etc.

War.

Notification of SEC. 3. That the Secretary of War is hereby authorized and directed, approval of upon receiving the plan and map and other information, and upon beplans, etc. ing satisfied that a bridge built on such plan and with such accessory works at at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and locaChanges, etc. tion; and should any change be made in the plan of the bridge or said accessory works during the progress of the work thereon such change shall be subject likewise to the approval of the Secretary of War; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States of the district of the State of Missouri, in whose jurisdiction and portion of said obstruction or bridge may be located. All changes in said bridge required at any time by the Secretary of War shall be made at the expense of the persons or corporation owning or controlling said bridge

Litigation.

route.

SEC. 4. That the said bridge and accessory works, when built and Lawful struct constructed under this act, and according to the terms and limitations ure and post-thereof shall be lawful structures; and said bridge 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, the troops, and the munitions of war of the United States than the rate per mile paid for