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approve plans, etc.

Мар.

Changes.

in damages for all injuries to private property; and all plans for such

works or erections upon the banks of the river shall first be submitted Aids to navigation. to the Secretary of War for his approval: And provided further, That

any bridge built under the provisions of this Act shall be at right

angles to the current of the river at bigb water: And provided furLocation restricted. ther. That the bridge herein authorized to be constructed shall not be

built within less than one mile of any other bridge across said Missouri

River. Secretary of War to SEC. 3. That said bridge shall be built and located under and subject

to such regulations for the security of navigation 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 mile above and one mile below the proposed location, the high and low water lines upon the banks of the river, the direction and strength of the current at all stages of the water, with the soundings, accurately showing the bed of the stream and the location of any other bridge or bridges, such map to be sufficiently in detail to enable the Secretary of War to judge of the proper location of said bridge, 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 location are approved by the Secretary of War the bridge shall not be commenced or built; and any change in the plan of its construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge or its accessory works shall, in the opinion of the Secretary of War, unreasonably obstruct the free navigation of said river, he is hereby authorized to cause such change or alteration of said bridge or its accessory works to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed by the owner or owners of said bridge, or

the persons operating or controlling the same, at their own expense; Litigation.

and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused or alleged to be caused thereby, the cause shall be commenced and tried in the circuit courts of the United States of either judicial district of South Dakota or Nebraska in which

the said bridge or any portion of such obstruction touches: Provided, Existing laws not affected.

That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protec

tion of the navigation of rivers, or to exempt said bridge from the Protection to navi, operation of same. And the bridge shall not be open to traffic until gation.

all piling and other false work used in constructing the bridge shall

have been wholly removed to the satisfaction of the Secretary of War. Lawful structure SEC. 4. That any bridge built under this Act and according to its

limitations shall be a lawful structure, and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid

for their transportation over the railroad or public highways leading Telegraph, etc., to such bridge. The United States shall also have the right to right.

construct, without charge therefor, telegraph or telephone lines across said bridge, and equal "privileges in the use of said bridge shall be

granted to all telegraph and telephone companies. Amendment.

SEC. 5. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Sec. 6. That this Act shall be null and void if actual construction Post, p. 621. of the bridge herein authorized be not commenced within one year

and completed within three years from the date hereof.

Approved, March 9, 1904.

Proviso.

and post route.

Time of construc. tion.

Lawful structure

rights.

CHAP. 502.-An Act To authorize the Mobile and West Alabama Railroad Com March 9, 1904. pany to construct and maintain a bridge across the Black Warrior River, in Tuscaloosa _

(H. R. 7288.] County, Alabama, in section three, township twenty-one south, range nine west of [Public, No. 42.) Huntsville meridian.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Mobile and West Black Warrior River,

Mono anu " Ala. Alabama Railroad Company, a corporation created and existing under Mobile and West Al.

abama Railway Com. an act of the general assembly of the State of Alabama, be, and is pany may bridge. hereby, authorized to construct and maintain a railroad bridge for the passage of railway engines and cars across the Black Warrior River, at such point as may be selected by such company in section three,

Location, township twenty-one south, range nine west of the Huntsville meridian, in Tuscaloosa County, Alabama; said location to be subject to the approval of the Secretary of War, and said bridge to be so constructed as not to obstruct the navigation of said river, subject to the conditions and limitations hereinafter specified: Provided, That any bridge con- Provisos, structed under this Act and according to its limitations shall be a law- and post route. ful structure and shall be known and recognized as a post route, upon which, also, no higher charge shall be made for the transportation over the same of the mail, the troops, and munitions of war of the United States than the rate per mile paid for transportation over railroads or public highways leading to the said bridge; and the same is hereby Telegraph declared to be a post route, and the United States shall have the right of way for postal, telegraph, and telephone purposes across said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies: Provided also. That all railroad Use by other companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid, all matters at issue shall be determined by the Secretary of War upon hearing the allegations and proofs submitted to him.

Sec. 2. That the bridge authorized to be constructed under this Act sball be a drawbridge; the draw span shall be over the main channel of the said stream at an accessible navigable point, and the openings on each side of the pivot pier shall be not less than one hundred and fifty feet in the clear, unless otherwise expressly directed by the Secretary of War, and if so directed shall be according to such direction; and the openings shall be accessible at all stages of the water; the river piers shall be protected with suitable fenders or cribs to Protection to navi

gation. safeguard navigation; the piers shall be parallel to the direction of the current of the stream at the site of the proposed structure, and the axis of the bridge shall be at right angles thereto; and the said com- apie pany or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the proposed 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 direction and strength of the currents, and the e, indings, accurately showing the bed of the stream, 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 no' work upon the bridge shall be commenced; and should any change be made in the plan of said bridge during the progress of construction or after completion, such change shall be subject to the approval of the Secretary of War.

Changes. SEC. 3. That Congress reserves the right to alter, amend, or repeal this Act at any time; and that if at any time navigation of said river shall in any manner be obstructed or impaired by the said bridge the

Drawbridge.

approve plans, etc.

Opening draw.

Lights, etc.

Secretary of War shall have authority, and it shall be his duty, to require the said bridge company to alter and change the said bridge, at its own expense, in such manner as may be proper to secure free and complete navigation without impediment.

Sec. 4. That the draw provided for the bridge herein authorized to be constructed 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 to sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe.

Sec. 5. That if actual construction of the bridge herein authorized shall not be commenced within one year and be completed within three years from the date of approval of this Act, the rights and privileges hereby granted shall cease and be determined.

Approved, March 9, 1904.

Time of construction.

Public lands.
Confirmation of en..

March 9, 1904. CHAP. 503.-An Act Relating to applications, declaratory statements, entries, (H. R. 11812.) and final proofs under the homestead and other land laws, and to confirm the same [Public, No. 43.]

in certain cases when made outside of the land district within which the land is situated.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That whenever it shall appear tries, etc., made out- to the Commissioner of the General Land Office that an error has side of proper district.

heretofore been made by the officers of any local land office in receiving any application, declaratory statement, entry, or final proof under the homestead or other land laws, and that there was no fraud practiced by the entryman, and that there are no prior adverse claimants to the land described in the entry, and that no other reason why the title should not vest in the entryman exists, except that said application,

declaratory statement, entry, or proof was not made within the land Vol. 32, p. 63. Ante, p. 59. district in which the lands applied for are situated, as provided by the

Act of March eleventh, nineteen hundred and two, such entry or proof shall be confirmed.

Sec. 2. That this Act shall be in force from and after its passage and approval.

Approved, March 9, 1904.

Effect.

of.

March 9, 1904. CHAP. 504.-An Act Granting additional lands adjacent to the site of the (S. 121.]

University of Montana to the State of Montana for the uses of said university. (Public, No. 44.]

Be it enacted by the Senate and House of Representatives of the United Aantantonal land States of America in Congress assembled, That there is hereby granted granted to University to the State of Montana for the use of the University of Montana the Vol. 21, p. 326. following-described land lying within Missoula County, Montana, and Description.

adjacent to the site of said university in said State, namely: The south haii of section twenty-six; the south half of the northeast quarter and the south half of the northwest quarter of section twenty-six; all situated in township thirteen north and range nineteen west, the same to be used for a site for an observatory for saia university.

SEC. 2. That the Secretary of the Interior is hereby authorized to issue a patent for the said land from the United States to the State of Montana.

Approved, March 9, 1904.

Patent

Proviso8.

CHAP.- 505.-An Act Authorizing the Secretary of the Interior to grant right of March 11, 1904. way for pipe lines through Indian lands.

(S. 3317.)

[Public, No. 45.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Indian lands,

Right of way grant Interior is hereby authorized and empowered to grant a right of way ed to oil, etc., pipe

lines through. in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such

Secretary of Interior

se

to approve location. lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of detinite location of said lines approved by, the Secretary of the Interior: Provided, That the construction of lateral lines from the main

Lateral pipe lines. pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line

Pipe lines laid upcompany: Provided further, That in case it is desired to run a pipe de

der railroads. line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines under said railroad. The compensation to be. Compensation. paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to

Annual tax. State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he inay designate, not exceeding five dollars for each ten'miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But a

No exemption from nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through Rights of incorpowhich such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation

Use of right of way in such towns and cities, and nothing herein shall authorize the use of

restricted. such right of way except for pipe line, and then only so far as may be

Time limit. necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the Extension. expiration of said twenty years, may extend the right to maintain any pipe line constructed under this Act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper.

SEC. 2. The right to alter, amend, or repeal this Act is expressly Amendment. reserved. Approved, March 11, 1904.

VOL XXXIII, PT 1- 5

March 11, 1904.

(S. 3204.] (Public, No. 46.]

Indian Territory.
Kiowa, Chickasha

CHAP. 506.-An Act Permitting the Kiowa, Chickasha and Fort Smith Railway Company to sell and convey its railroad and other property in the Indian Territory to the Eastern Oklahoma Railway Company, and the Eastern Oklahoma Railway Company to lease all its railroad and other property in the Indian Territory to the Atchison, Topeka and Santa Fe Railway Company, and thereafter to sell its railroad and other property to said the Atchison, Topeka and Santa Fe Railway Company.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, that the Kiowa, Chickasha and Fort Smith Rail- and Fort Smith Railway Company may sell and convey to the Eastern

Sale in Easternokla- Oklahoma Railway Company the railway of the Kiowa, Chickasha and homa Railwaya.Com- Fort Smith Railway Company extending from Lindsay to Pauls Valley,

in the Indian Territory, and the rights, privileges, and franchises relating thereto, such sale and conveyance to be made upon such terms and conditions as may be agreed upon by the boards of directors of

the respective companies. Eastern Oklahoma Sec. 2. That the Eastern Oklahoma Railway Company may lease to Lease of purtion to the Atchison, Topeka and Santa Fe Railway Company the portion of Atchison, Topeka and the railroad of the Eastern Oklahoma Railway Company extending Company allowed. from Pauls Valley, in the Indian Territory, to the southern boundary

of Oklahoma Territory, together with the rights, privileges, and franchises of the Eastern Oklahoma Railway Company relating thereto, such lease to be made upon such terms and conditions as may

be agreed Subsequent sale. upon by the boards of directors of the respective companies. In case

such lease shall be made, the Eastern Oklahoma Railway Company thereafter may sell and convey the said portion of its railroad in the Indian Territory, together with the rights, privileges, and franchises relating thereto, to the Atchison, Topeka and Santa Fe Railway Company, upon such terms and conditions as may be agreed upon by the boards of directors of the respective companies.

Sec. 3. That in case the Kiowa, Chickasha and Fort Smith Railway Company shall sell and convey to the Eastern Oklahoma Railway Company the aforesaid railway of the Kiowa, Chickasha and Fort Smith Railway Company,

and the rights, privileges, and franchises relating Lease to Atchison, thereto, then the Eastern Oklahoma Railway Company may lease to Railway Company al- the Atchison, Topeka and Santa Fe Railway Company said railway of

the Kiowa, Chickasha and Fort Smith Railway Company extending from Lindsay to Pauls Valley, in the Indian Territory, together with the rights, privileges, and franchises of the Kiowa, Chickasha and Fort Smith Railway Company relating thereto, such lease to be made

upon such terms and conditions as may be agreed upon by the boards Subsequent sale.

of directors of the respective companies. And in case such lease shall be made, then the Eastern Oklahoma Railway Company may sell and convey the said railway of the Kiowa, Chickasha and Fort Smith Railway Company extending from Lindsay to Pauls Valley, in the Indian Territory, together with the rights, privileges, and franchises relating thereto, to the Atchison, Topeka and Santa Fe Railway Company upon such terms and conditions as may be agreed upon by the boards of directors of the respective companies.

Approved, March 11, 1904.

Kiowa, Chickasha and Fort Smith Rail. way.

lowed.

Minnesota

Power

March 12, 1904. CHAP. 542.-An Act Permitting the building of a dam across the Mississippi (H. R. 9308.]

River between the counties of Wright and Sherburne, in the State of Minnesota. (Public, No. 47.)

Be it enacted by the Senate and House of Representatives of the United Mississippi River.

States of America in Congress assembled, That the consent of Congress and Trolley company is hereby granted to the Minnesota Power and Trolley Company (a mix , dam, in Minne- Minnesota corporation), its successors or assigns, to construct and

maintain across the Mississippi River a dam, canal, and works necessarily incident thereto, for water-power purposes, at any point between section seventeen or eighteen, in township one hundred and twenty

Location.

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