CHAP. 141.—An Act To grant to railroad companies in Indian Territory additional powers to secure depot grounds. April 25, 1896. Indian Territory. stations, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any railroad company operating a railroad in the Indian Territory may acquire the right to may acquire lands for use such additional ground as may be necessary for railway purposes at stations now existing, or for the establishment of new stations or depots, by making it appear to the Secretary of the Interior that such additional ground is necessary for railway purposes, and that the convenience of the people and the public interests will be promoted thereby: Provided, That the lands so acquired shall be subject to all the conditions and limitations as to use as are the lands for right of way and station purposes, as contained in the original Acts, respectively, granting the companies rights of way through the Indian Territory. SEC. 2. That the Secretary of the Interior may, when convinced that such application is proper, and after allowing opportunity for all parties in interest to be heard before him, grant the use of such additional lands held by the Indians in common as may be necessary for depot purposes; but before taking possession of and using such lands the railroad company shall deposit with the treasury of the tribe to which the lands belong compensation in cash at the rate of twenty-five dollars per acre: Provided, That if such tribe shall not be satisfied with the compensation herein provided, and the same can not be amicably determined, the amount to be paid by such railroad company to such tribe and the necessity for such taking shall be ascertained in the same manner as is prescribed by section three of this Act with respect to compensation to be paid individual occupants on any land so taken: Provided further, That before taking possession of and using such additional lands the railroad company in interest shall file a map of definite location of the same with the Secretary of the Interior, which map shall be subject to the approval of such Secretary. Proviso. Lands held in com mon. Payment to tribes. Provisos. Approval of loca tion. Payment to individual occupants. Referees. Award. SEC. 3. That when lands desired by a railroad company under the provisions of this Act are held by individual occupants according to the laws, customs, and usages of any of the nations or tribes through whose lands the road is constructed, full compensation, in addition to the compensation to be paid the nation or tribe herein provided for, shall be paid to such occupant for all property taken and damage done by reason of the occupancy of the lands by the company for station purposes; and where the compensation can not be agreed upon between the company and the occupant, the company may apply to the Secretary of the Interior, who shall thereupon appoint three disinterested referees, who, before entering upon the duties of their appointment, shall take and subscribe, before competent authority, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award. In case the referees can not agree, then any two of them are authorized to make the award. Either party dissatisfied with the finding of the referees Appeal. shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the United States court for the Indian Territory in and for the district wherein the land sought to be so taken may be situate, where the case, both as to the necessity for the taking as well as the amount of damages, shall be tried de novo. When proceedings have been commenced in court and the court has determined the necessity for such taking, the railroad the award. company shall pay double the amount of the award into court to abide the judgment thereof, and then to have the right to enter upon the property sought to be condemned and proceed with the construction of such depot with the necessary tracks. Each of said referees shall Pay of referees, etc. receive for his services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this Act, with mileage of five cents per mile for each mile actually traveled. Witnesses shall receive the usual fees allowed by the court, and all Building may begin on depositing double Limitations. costs, including compensation of the referees, shall be made a part of the award and be paid by such railroad company. SEC. 4. That all lands acquired under the provisions of this Act shall be used for railroad purposes strictly, and not more than twenty acres of land at any one station shall be acquired hereunder by any one railroad company; nor shall any additional land be so acquired which is not contiguous to land already occupied for railroad purposes. Received by the President, April 14, 1896. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, 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, has become a law without his approval.] May 1, 1896. Hot Springs, Ark. CHAP. 147.-An Act To provide for reimbursement of the expense of constructing a sewer upon the permanent reservation at Hot Springs, Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to pay to Albert B. Gaines, S. H. Stitt, and A. S. Garnett, of Hot Springs, Arkansas, S. W. Fordyce, of Saint Louis, Missouri, and Charles B. Platt, of the city of New York, out of any money under his control derived from leases of bath-house sites and from the sale of lots on the Hot Springs Reservation, Arkansas, and available for the protection and improvement of said reservation, the sum of nine hundred and thirty dollars, in reimbursement of the amount actually expended by said persons in the construction of a sewer upon the permanent reservation at Hot Springs, Arkansas. Approved, May 1, 1896. May 4, 1896. Oregon and Wash ington Bridge Company. Time extended for bridging Columbia River. Vol. 26, p. 25. CHAP. 150.-An Act To amend an Act entitled "An Act to authorize the Oregon and Washington Bridge Company to construct and maintain a bridge across the Columbia River, between the State of Oregon and the State of Washington, and to establish it as a post road." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That "An Act to authorize the Oregon and Washington Bridge Company to construct and maintain a bridge across the Columbia River, between the State of Oregon and the State of Washington, and to establish it as a post road," approved March twenty-fourth, eighteen hundred and ninety, be, and the same is hereby, extended, revived, and declared to be in full force and effect from and after March twenty-fourth, eighteen hundred and ninety-two. Section twelve of said Act, which provides that said Act shall be null and void if actual construction of the bridge therein authorized be not commenced within two years and completed within four years from the date of the approval thereof, shall be, and the same is hereby, so amended that the time within which said bridge is required to be commenced shall be within two years from June twenty-fourth, eighteen hundred and ninety-five, and the time within which it is required that said bridge be completed shall be within four years from the twentyfourth day of June, eighteen hundred and ninety-five. Approved, May 4, 1896. CHAP. 151.-An Act To revive and reenact the Act entitled "An Act to authorize the building of a railroad bridge at Little Rock, Arkansas," approved March second, eighteen hundred and ninety-one. May 4, 1896. Little Rock Bridge Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved March and Terminal Railway second, eighteen hundred and ninety-one, granting the Little Rock Company. Bridge and Terminal Railway Company authority to construct and Time extended for bridging Arkansas maintain a bridge and approaches thereto over the Arkansas River at River, Little Rock, a point on said river at or near the city of Little Rock, in the State of Ark. Arkansas, which Act has expired by limitation, be, and is hereby, revived and reenacted. SEC. 2. That section seven of the said Act be amended so as to read as follows: Vol. 26, p. 797. Commencement and completion. Vol. 26, p. 799. "SEC. 7. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from July first, eighteen hundred and ninety six; and all the benefits of this Act shall inure and belong to the Little Rock Bridge and Terminal Railway Company, a corporation existing under the laws of Arkansas, its successors or assigns: Provided, That the navigation of the Arkansas River shall not be obstructed obstructed. by false work during the construction of said bridge." Approved, May 4, 1896. Proviso. CHAP. 152.—An Act Authorizing the Aransas Harbor Terminal Railway Company to construct a bridge across the Corpus Christi Channel, known as the Morris and Cummings Ship Channel, in Aransas County, Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Aransas Harbor Terminal Railway Company, a corporation chartered under the laws of the State of Texas, is hereby authorized and empowered to erect, construct, maintain, and operate a bridge over and across the Corpus Christi Channel, known as the Morris and Cummings Ship Channel, in Aransas County, Texas. Said bridge shall be constructed to provide for the passage of railway trains on and over a double or single track, as said Aransas Harbor Terminal Railway Company may elect. May 4, 1896. Aransas Harbor Terminal Railway company may bridge Morris and Cummings Ship Channel, Texas. Railway bridge. Drawbridge. Provisos. Opening draw. SEC. 2. That said bridge shall be constructed as a drawbridge, with the drawspan over the main navigable channel, of such clear width of opening or openings as the Secretary of War may decide to be necessary to afford free passage to such vessels and boats as navigate said channel: Provided, That said bridge shall be opened promptly upon reasonable signal for the passage of boats and other water craft, except when trains are passing over the draw or turn; but in no case shall unnecessary delay occur in opening the draw or turn after the passage of trains, or at any other time; and the said Aransas Harbor Terminal Railway Company shall maintain at its own expense from sunset to sunrise such lights or other signals on said bridge as shall be prescribed Lights, etc. by the United States Light-House Board; and no bridge shall be erected and maintained under the authority of this Act which shall at any time substantially or materially obstruct the free navigation of said channel; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of such 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 Litigation. growing out of said obstruction, or alleged obstruction, to the navigation of said channel, caused, or alleged to be caused, by said bridge, the suit may be brought in the circuit court of the United States in which any portion of said obstruction or bridge may be located: Provided further, That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference Unobstructed navi gation. Existing laws not affected. panies. Compensation. to the protection of navigation of rivers, or to exempt this bridge from Use by other com- the operation of the same. That all railroad companies desiring the use of any bridge constructed under this Act 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 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, and 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. Secretary of War to approve plans, etc. Amendment, etc. Commencement and completion. SEC. 3. That any bridge authorized to be constructed under this Act shall be located and built under and subject to such regulations for the security of said channel as the Secretary of War shall prescribe; and to secure that object the said corporation shall, at least thirty days previous to the commencement of the construction of said bridge, submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving such information as may be necessary to enable the Secretary of War to judge of the proper location of said bridge, and shall furnish such information as may be required for a full and satisfactory understanding of the subject; and until such 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, or after completion, such change shall be subject to the approval of the Secretary of War. SEC. 4. That the right to alter, amend, or repeal this Act is hereby expressly reserved; and the right to require any changes in said structure or its entire removal at the expense of the owners thereof, whenever Congress or the Secretary of War shall decide that the public interest requires it, is also expressly reserved. SEC. 5. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the passage of this Act. Approved, May 4, 1896. bia. May 4, 1896. CHAP. 153.-An Act To amend an Act entitled "An Act to authorize the Union Railroad Company to construct and maintain a bridge across the Monongahela River," approved February eighteenth, eighteen hundred and ninety-three. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act entitled "An Act to authorize the Union Railroad Company to construct and maintain a bridge across the Monongahela River," approved February eighteenth, eighteen hundred and ninety-three, be, and the same is hereby, amended so as to extend the time for the commencement of the bridge in said Act named to one year and the time for its completion to three years from and after February eighteenth, eighteen hundred and ninety-six. Approved, May 4, 1896. CHAP. 154.-An Act To provide for the incorporation and regulation of medical and dental colleges in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United District of Colum- States of America in Congress assembled, That it shall be unlawful for Medical and dental any medical or dental college claiming the authority to confer, or actually colleges not specially conferring, the degree of doctor of medicine, or doctor of dental surgery, not incorporated by a special Act of Congress, to conduct its busi ness in the District of Columbia, unless such college shall be registered incorporated required to register. by the Commissioners of the District of Columbia and granted by them a written permit to commence or continue business in said District in compliance with the requirements of this Act. Application for per mit. SEC. 2. That it shall be the duty of the proper officers of any such college, before commencing or continuing business, to apply to the said Commissioners for registration and a permit to commence or continue business; and said Commissioners are hereby authorized and required to make such regulations concerning the form of such application, the Regulations. evidence to be adduced in support thereof, and the method of taking such evidence as they may deem best, and shall have power, and it shall be their duty, to give public notice of all hearings upon such applications; and no registration and permit shall be granted until after the Commissioners shall have, by the inquiry and hearing herein before Inquiry as to fitness, provided for and such other inquiry as they may see fit to make, satisfied themselves that all such medical or dental colleges are fully equipped, both by the character and fitness of the faculty and the sufficiency of their appliances, to give suitable and sufficient instruction in the theory and practice of medicine or dental surgery. SEC. 3. That it shall be the duty of the proper officers of every medical or dental college not incorporated by a special Act of Congress which is now doing business in said District to apply for such certificate and registration within thirty days of the passage of this Act; and no such college hereafter sought to be opened in said District shall commence business without first obtaining such registration and permit. SEC. 4. That such of the officers and of the faculty of any such medical or dental college now in existence, and of every such college hereafter sought to be opened in said District, which shall continue or commence to offer instruction in such capacity without first obtaining registration and permit, as herein before provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the police court of said District, upon an information similar to that filed in the case of viola tions of the police regulations made by the said Commissioners, shall be fined not less than twenty-five nor more than two hundred and fifty dollars, and in default of payment thereof shall be imprisoned in the common jail of said District not less than thirty nor more than ninety days; said fines when collected to be paid into the Treasury of the United States to the credit of the District of Columbia. SEC. 5. That in any case when such action shall be necessary in the opinion of the said Commissioners to give full effect to the intent of this Act they shall have power, and it shall be their duty, to file in the supreme court of the District of Columbia, in the name of the said District, a bill in equity against the proper parties praying an injunction against the opening or continuance of any such college not registered and granted a permit as aforesaid; and jurisdiction is hereby conferred upon such court to hear and determine such causes. SEC. 6. That all acts and parts of acts and all charters heretofore obtained by any medical or dental college under the general incorporation laws in force in said District, so far as inconsistent with this Act, are hereby repealed. Approved, May 4, 1896. etc. Registration. Penalty for failure to register. Injunction proceedings. Jurisdiction. Repeal provisions. CHAP. 155.-An Act To establish and provide for the government of Greer County, Oklahoma, 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 portion of the Territory of Oklahoma bounded by the North Fork of the Red River and the State of Texas, heretofore known as Greer County, Texas, be, and the same is hereby, established as Greer County of Oklahoma, with Mangum as the county seat. The present county officers of said county shall be continued in office until the first Tuesday of November, eighteen hundred and ninety-six, or until their successors are elected and qualitied, STAT L-VOL 29-8 May 4, 1896. Greer County, Okla, organized. County officers. |