Changes. Amendmen⭑ Time of construction. shall submit to the Secretary of War, for his examination and approval, designs and drawings of the bridges, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of said rivers, 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 of said streams, 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 plans and locations of the bridges are approved by the Secretary of War the bridges shall not be built; and should any change be made in the plans of said bridges during the progress of construction, or after completion, such change shall be subject to the approval of the Secretary of War; and said bridges shall be changed at the cost of the owners thereof, from time to time, as the Secretary of War may direct, so as to preserve the free and convenient navigation of said rivers. SEC. 6. That the right to alter, amend, and repeal this Act is hereby expressly reserved. SEC. 7. That this Act shall be null and void unless the construction of said bridges hereby authorized shall be commenced within three years and be completed within five years from the date of the approval of this Act. Approved, March 3, 1905. March 3, 1905. [S. 7012.] [Public, No. 224.] Alaska. Roads, schools, etc. School districts in incorporated towns to mon council. School board. CHAP. 1491.-An Act To amend an Act entitled "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes, approved January twenty-seventh, nineteen hundred and five, be, and the same is hereby, amended so that it shall read as follows: "SEC. 4. That the common council of the incorporated towns in said be established by com- district shall have the power, and it shall be their duty, in their respective towns to establish school districts, to provide the same with suitable schoolhouses, and to maintain public schools therein and to provide the necessary funds for the schools; but such schools when established shall be under the supervision and control of a school board of three members, consisting of a director, a treasurer, and a clerk, to be elected annually by the vote of all adults who are citizens of the United States or who have declared their intention to become such One-year term add- and who are residents of the school district. The members of said Term of office. ed. Ante, p. 617. board first elected shall hold their offices for the term of one, two, and three years, respectively, and.until their successors are elected and qualified, and one member of such board shall be elected each year thereafter and shall hold his office for a period of three years and until his successor is elected and qualified; and they shall each, before entering upon the duties of their office, take an oath in writing to honestly and faithfully discharge the duties of their trust. In case a vacancy in the membership of said board occurs from death, resignation, removal, or other cause, such vacancy may be filled by a special election, upon ten days' notice, called by the remaining memExpenditures of bers of the board upon the petition of five qualified voters. Vacancies, school fund. All money available for school purposes, except for the construction and equipment of schoolhouses and the acquisition of sites for the same, shall be expended under the direction of said board, and the treasur? of said board shall be the custodian of said money, and he shall, before entering upon the duties of his office, give his bond, with sufficient sureties, to the school district, in such sum as the common council may direct, and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money that may come into his hands as such treasurer. The said board shall have the power to hire and employ the necessary teachers, to provide for heating and lighting the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school." Approved, March 3, 1905. Bond. Teachers. CHAP. 1492.-An Act Authorizing the Secretary of the Navy to accept the torpedo boats Stringham and Goldsborough. March 3, 1905. Navy boats "Stringham" and "Goldsborough" may Vol. 29, p. 378. Deductions for speed failure. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized, in his discretion, to waive the statutory speed requirement of thirty knots an hour for the torpedo be accepted. boats Stringham and Goldsborough, authorized and contracted for under the Act approved March third, eighteen hundred and ninetyseven; to accept said vessels, after such trial as he may prescribe, and to make final settlement therefor under the contracts for their construction, subject to such deductions from the contract prices as may in his judgment be proper, if any, on account of speed failure, giving due consideration to the losses incurred by the contractors in endeavoring to fulfill their obligations where said losses were due to changes of modifications of plans or specifications ordered by the Department. Approved, March 3, 1905. CHAP. 1493.-An Act To transfer Ensign Creighton Churchill from the retired to the active list of the Navy. March 3, 1905. [H. R. 6826.] [Public, No. 226.] Navy. Provisos. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized, by and with the advice and consent of the restored to active list. Senate, to restore Creighton Churchill, now an ensign on the retired list, to the active list of the Navy: Provided, That the said Churchill shall, upon examination in accordance with regulations to be prescribed quired. by the Secretary of the Navy, before an examining board composed of five members, of whom three shall be line officers his senior in rank and the remaining two medical members, satisfactorily establish his mental, moral, professional, and physical fitness to perform active service, the place to which he shall be restored to be determined by the Secretary of the Navy after recommendation with regard thereto by said board: And provided further, That the said Churchill shall be carried as additional to the number of the grade to which he may be restored or at any time thereafter promoted. Approved, March 3, 1905. Promotions. CHAP. 1494.-An Act Authorizing the appointment of certain midshipmen in the United States Navy. March 3, 1905. [H. R. 12273.] [Public, No. 227.] Naval Academy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized and empowered, in his discretion, to appoint to missed midshipmen. the naval service the three midshipmen of the then first class who were Proviso. Examinations, etc., required. dismissed on the sixth day of November, nineteen hundred and three, pursuant to the findings and recommendations of a court-martial, said midshipmen to take rank at the foot of the class from which dismissed, and to serve at sea in like manner as the other members of said class: Provided, That such appointments shall not be operative or effective unless and until said midshipmen shall have passed such examinations and conformed to such requirements as may be prescribed by the Secretary of the Navy. Approved, March 3, 1905. March 3, 1905. [H. R. 14622.] [Public, No. 228.] Forest reserves. lands in lieu of un repealed. p. 614. CHAP. 1495.-An Act Prohibiting the selection of timber lands in lieu of lands in forest reserves. Be it enacted by the Senate and House of Representatives of the United Permission to select States of America in Congress assembled, That the Acts of June fourth, eighteen hundred and ninety-seven, June sixth, nineteen hundred, and perfected claims on, March third, nineteen hundred and one, are hereby repealed so far as Vol. 30, p. 36; Vol. 31, they provide for the relinquishment, selection, and patenting of lands in lieu of tracts covered by an unperfected bona fide claim or patent within a forest reserve, but the validity of contracts entered into by the Secretary of the Interior prior to the passage of this Act shall not be impaired: Provided, That selections heretofore made in lieu of lands relinquished to the United States may be perfected and patents issue therefor the same as though this Act had not been passed, and if for any reason not the fault of the party making the same any pending selection is held invalid another selection for a like quantity of land may be made in lieu thereof. Proviso. Present selections to be completed. March 3, 1905. [H. R. 17589.] [Public, No. 229.] Authority to establish districts of. Approved, March 3, 1905. CHAP. 1496.-An Act To enable the Secretary of Agriculture to establish and maintain quarantine districts, to permit and regulate the movement of cattle and other live stock therefrom, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Cattle quarantine States of America in Congress assembled, That the Secretary of Agriculture is authorized and directed to quarantine any State or Territory or the District of Columbia, or any portion of any State or Territory or the District of Columbia, when he shall determine the fact that cattle or other live stock in such State or Territory or District of Columbia are affected with any contagious, infectious, or communicable disease; and the Secretary of Agriculture is directed to give written or printed notice of the establishment of quarantine to the proper officers of railroad, steamboat, or other transportation companies doing business in or through any quarantined State or Territory or the District of Columbia, and to publish in such newspapers in the quarantined State or Territory or the District of Columbia, as the Secretary of Agriculture may select, notice of the establishment of quarantine. Notice. Transportation from districts by common carriers forbidden. SEC. 2. That no railroad company or the owners or masters of any steam or sailing or other vessel or boat shall receive for transportation or transport from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, any cattle or other live stock, except as hereDelivery for trans- inafter provided; nor shall any person, company, or corporation deliver for such transportation to any railroad company, or to the master or owner of any boat or vessel, any cattle or other live stock, except as hereinafter provided; nor shall any person, company, or corporation Driving on foot, etc., drive on foot, or cause to be driven on foot, or transport in private port forbidden. forbidden. conveyance or cause to be transported in private conveyance, from a quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, any cattle or other live stock, except as hereinafter provided. SEC. 3. That it shall be the duty of the Secretary of Agriculture, Regulations for inand he is hereby authorized and directed, when the public safety will spections, etc. permit, to make and promulgate rules and regulations which shall permit and govern the inspection, disinfection, certification, treatment, handling, and method and manner of delivery and shipment of cattle or other live stock from a quarantined State or Territory or the District of Columbia, and from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia; and the Secretary of Agriculture shall give notice of such rules and regulations in the manner provided in section two of this Act for notice of establishment of quarantine. SEC. 4. That cattle or other live. stock may be moved from a quar- Moving of inspected, antined State or Territory or the District of Columbia, or from the etc., cattle. quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, under and in compliance with the rules and regulations of the Secretary of Agriculture, made and promulgated in pursuance of the provisions of section three of this Act; but it shall be unlawful to move, or to allow to be moved, any cattle or other live stock from any quarantined State or Territory or the District of Columbia, or from the quarantined portion of any State or Territory or the District of Columbia, into any other State or Territory or the District of Columbia, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture. Unlawful moving of cattle. Punishment for in Punishment for using deadly weapon SEC. 5. That every person who forcibly assaults, resists, opposes, terfering, etc., with prevents, impedes, or interferes with any officer or employee of the employees. Bureau of Animal Industry of the United States Department of Agriculture in the execution of his duties, or on account of the execution of his duties, shall be fined not less than one hundred dollars nor more than one thousand dollars, or be imprisoned not less than one month nor more than one year, or by both such fine and imprisonment; and every person who discharges any deadly weapon at any officer or against employees. employee of the Bureau of Animal Industry of the United States Department of Agriculture, or uses any dangerous or deadly weapon in resisting him in the execution of his duties, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duties, or on account of the performance of his duties, shall, upon conviction, be imprisoned at hard labor for a term not more than five years or fined not to exceed one thousand dollars. Punishment for illegally shipping, etc., SEC. 6. That any person, company, or corporation violating the provisions of sections two or four of this Act shall be guilty of a mis- cattle. demeanor, and on conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not more than one year, or by both such fine and imprisonment. Approved, March 3, 1905. CHAP. 1497.-An Act To further prescribe the duties of the secretary of the dis-· trict of Alaska, and for other purposes. March 3, 1905. [H. R. 17863.] [Public, No. 230.] Fees to be paid secretary. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case the law requires, Alaska. or authorizes any service to be performed or any act to be done by the secretary of the district of Alaska and there is no provision of law requiring the payment of a fee for such service by the person for whose VOL XXXIII, PT 1-80 Alaska Historical Library and Museum. used for. Vol. 31, p. 333. benefit the same is performed, the Secretary of the Interior may prescribe such fees for said service as he may deem proper. SEC. 2. That all fees received by the secretary of the district of Secretary's fees to be Alaska as such secretary, from every source whatsoever, shall be disbursed, on the order of the governor of the district of Alaska, for the benefit of the Alaska Historical Library and Museum, as provided in section thirty-two, chapter one, title one, of an Act approved June sixth, nineteen hundred, entitled "An Act making further provision for a civil government for Alaska, and for other purposes; such receipts and disbursements shall be accounted for in the manner prescribed in said section. Bond of secretary. and all SEC. 3. That the secretary of the district of Alaska, before entering upon the duties of said office, shall execute a bond with sufficient sureties, to be approved by the Secretary of the Interior, and in such penal sum as the Secretary of the Interior`may prescribe, conditioned upon the safe-keeping, faithful disbursement, and proper accounting for all moneys from whatsoever source which may come into his hands as such secretary. Approved, March 3, 1905. March 3, 1905. [H. R. 17941.] [Public, No. 231.] Diamond Shoal, Cape Hatteras, N. C. ed. Ante, p. 561, amend Construction of lighthouse and fog signal at, by Albert F. Eells. "Structure" defined. Papers to be filed.. Acceptance. Drawings and spectfications. CHAP. 1498.-An Act To amend the Act entitled "An Act to provide for the construction of a light-house and fog signal at Diamond Shoal, on the coast of North Carolina, at Cape Hatteras," approved April twenty-eighth, nineteen hundred and four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter eighteen hundred and fourteen of the public statutes, second session Fifty-eighth Congress, entitled "An Act to provide for the construction of a lighthouse and fog signal at Diamond Shoal, on the coast of North Carolina, at Cape Hatteras," approved April twenty-eighth, nineteen hundred and four, be, and the same is hereby, amended to read as follows: That Albert F. Eells, of Boston, Massachusetts, be, and he is hereby, authorized, with such others as may be associated with him, to construct, in the manner and on the conditions herein specified, a substantial and sufficient light-house and fog signal of the latest and most improved construction, together with such auxiliary works of the most modern character and such as will be necessary to maintain the same permanently, upon the outer Diamond Shoal, on the coast of North Carolina, at Cape Hatteras. That the word "structure" hereinafter used shall be construed to mean "light-house and fog signal," as herein before specified. That the said Eells and his associates shall, within six months from the date of the approval of this Act, file with the Secretary of Commerce and Labor (a) An agreement in writing accepting all of the provisions of this Act; and (b) Detailed drawings and specifications of the structure in all its parts for the approval of said Secretary upon his determination that the plans conform to the standards required by the Light-House Service, and assure the stability of the completed structure except as to the possible yielding of the sand or other material upon which it is to be placed affecting the verticality of the tower or the height of the light, the risk of which is wholly that of the said Eells and his associates, or successors, and their heirs and legal representatives. And Approval of plans unless said plans are approved by said Secretary prior to January first, nineteen hundred and six, and the construction of the proposed structure be in good faith commenced within six months after such approval, the authority granted by this Act shall cease. by Secretary of Commerce and Labor. |