application in writing for one renewal and transmit the same to the board of local inspectors with a statement of the applicant verified. before a consul, or other officer of the United States authorized to administer an oath, setting forth the reasons for not appearing in person; and upon receiving the same the board of local inspectors that originally issued such license shall renew the same for one additional term of such license, and shall notify the applicant of such renewal. And in all cases where the issue is the suspension or revocation of such Examinations in licenses, whether before the local boards of inspectors as provided for etc. in section forty-four hundred and fifty of the Revised Statutes, or before R. S.,secs. 4450, 4452, the supervising inspector as provided for in section forty-four hundred p. 861. and fifty-two of the Revised Statutes, the accused shall be allowed to appear by counsel and to testify in his own behalf. cases of suspension, Exemption from draft. Wages for naval service. No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of R. S., Title LII, p. War, except for the performance of duties such as required by his 852. license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing Pensions, etc. such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. SEC. 3. That all laws or parts of laws in conflict with this Act are hereby repealed. But this shall not be construed to modify or repeal that provision of the Act of June twenty-sixth, eighteen hundred and eighty-four, which reads as follows: "In cases where on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer.” Approved, May 28, 1896. CHAP. 256.-An Act To authorize and empower the State of South Dakota to select the Fort Sully Military Reservation in said State as a part of the lands granted to the State under the provisions of an Act to provide for the admission of South Dakota into the Union, approved February twenty-second, eighteen hundred and eighty-nine, and for indemnity school lands, and for other purposes. Repeal. Filling accidental vacancies abroad. Vol. 23, p. 53. May 28, 1896. Fort Sully Military Reservation. Selection of lands by South Dakota. Vol. 25, p. 679. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lands situated in the Fort Sully Military Reservation, in the State of South Dakota, may be selected at any time within one year after the passage of this Act, or the approval of the survey of said reservation by the Secretary of the Inte rior, by the State of South Dakota as a part of the lands granted to the State under the provisions of an Act to provide for the admission of South Dakota into the Union, approved February twenty-second, eighteen hundred and eighty-nine, and for indemnity school lands; and when said lands are selected as herein provided the Secretary of the Interior shall cause patents to be issued therefor to the State of South Dakota: Provided, That the State of South Dakota shall have a preference right over any person or corporation to select said lands subject to entry by said State, granted thereto by the Act of Congress approved February twenty-second, eighteen hundred and eighty-nine, for a period of sixty days after the foregoing lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States: Provided further, That such preference right Rights of settlers shall not accrue against bona fide homestead or preemption settlers on any of said lands at the date of the passage of this Act. Approved, May 28, 1896. Patents. in selecting lands. not impaired. May 28, 1896. ern Railroad Company South Platte and Plum Colo. Vol.27, pp.1029, 1044. Location. CHAP. 257.-An Act Grauting to the Denver, Cripple Creek and Southwestern Railroad Company a right of way for a railroad through the South Platte and Plum Creek forest reserves, in the State of Colorado. Be it enacted by the Senate and House of Representatives of the United Denver, Cripple States of America in Congress assembled, That the Denver, Cripple Creek Creek and Southwest and Southwestern Railroad Company, a corporation incorporated and granted right of way, organized under and by virtue of the laws of the State of Colorado, is Creek forest reserves, hereby authorized to construct and maintain a railroad over and through the South Platte Forest Reserve and the Plum Creek Forest Reserve, in the State of Colorado, heretofore set apart and established as forest reservations by proclamations of the President, dated, respectively, December ninth, eighteen hundred and ninety-two, and June twentythird, eighteen hundred and ninety-two, said railroad to enter said reservations at the junction of the North and South forks of the South Platte River, in section twenty-five, in township seven south, of range seventy west of the sixth principal meridian, and to run thence along the water course of the South Fork of the South Platte River to section three, in township thirteen south of range seventy-one west, and also to be constructed from section twenty-one, in township nine south of range seventy west, along the water courses of Horse Creek and Trout Creek, in the Plum Creek Forest Reserve, to section thirty-four, in Rights, privileges, township ten south of range sixty-nine west; said right of way to be granted subject to the rights, privileges, rules, and restrictions of an Act entitled "An Act granting to railroads the right of way through the public lands of the United States," approved March third, eighteen hundred and seventy-five, said Act being hereby made applicable to the right of way hereby granted. The said company, however, shall not cut timber upon said forest reservations outside of the limits of said right of way. etc. Timber cutting. Approved, May 28, 1896. May 28, 1896. Bridge over Talla ipp, declared a lawful hatchie River, Philstructure. CHAP. 258.-An Act Declaring a certain bridge across the Tallahatchie River, in Tallahatchie County, State of Mississippi, a lawful structure, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a certain temporary pile bridge recently constructed across the Tallahatchie River at Philipp, in the county of Tallahatchie, in the State of Mississippi, and used by the Illinois Central Railroad Company and the Delta Cooperage Company, be, and the same is hereby, declared to be a lawful structure until the thirty-first day of December, eighteen hundred and ninety-seven: Provided, however, That the said temporary pile bridge shall be removed Removal of tempo- thoroughly and completely on or before the thirty-first day of December, eighteen hundred and ninety-seven. Proviso. rary structure. Delta Cooperage Company may SEC. 2. That the Delta Cooperage Company, a corporation created struct new bridge. con- and existing under and by virtue of the laws of the State of Mississippi be, and is hereby, authorized to construct and maintain a railway bridge across the Tallahatchie River, at or near the town of Philipp, Mississippi, to take the place of the temporary pile structure referred to in the foregoing section of this Act; the said bridge to be so constructed as not to interfere with the navigation of said river, and to be provided with a suitable draw: Provided, That any bridge constructed under this Act Lawful structure and according to its limitations shall be a lawful structure, and shall be known and recognized as a post route, and the same is hereby declared to be a post route; and the United States shall have the right of way for a postal telegraph across said bridge. Draw. and post route. Postal telegraph. Secretary of War to approve plans, etc. SEC. 3. That the bridge authorized to be constructed under this Act shall be located and built under and subject to such regulations for the security of the 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 proposed bridge and a map of the location, giving for the space of two miles above and two miles below the proposed location the high and low water lines upon the banks of the river, the direction and strength of the currents 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 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 such change shall be subject to the approval of the Secretary of War. SEC. 4. That Congress reserves the right to alter, amend, or repeal this Act at any time; and that if at any time navigation of the said river shall in any manner be obstructed or impaired by the said bridge, the 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; and if, upon reasonable notice to said bridge company to make such change or improvements, the said company fails to do so, the Secretary of War shall 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 river. SEC. 5. That said company shall be permitted to charge and take such rates of toll for crossing said bridge as may be reasonable, subject to the approval of the Secretary of War. SEC. 6. 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. 7. That all telephone and telegraph companies shall be granted equal rights and privileges in the construction and operation of their lines across said bridge; and if actual construction of the bridge herein authorized shall not be commenced on or before the first day of July, eighteen hundred and ninety-seven, and be completed by the thirty-first day of December, eighteen hundred and ninety-seven, the rights and privileges hereby granted shall cease and be determined. SEC. 8. 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 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. SEC. 9. That the said company may associate or join with themselves in the construction, maintenance, and operation of said bridge, the Illinois Central Railroad Company, or any other railway company duly incorporated under the laws of the State of Mississippi. Approved, May 28, 1896. Changes. Amendment, etc. Toll. Opening draw. Lights, etc. Use by telegraph, etc., companies. Commencement and completion. Use by railroad com. panies. Compensation Cooperation in construction. CHAP. 270.-An Act To amend section four hundred and sixteen of the Revised Statutes of the United States relating to the District of Columbia. May 29, 1896. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four hundred and District of Columbia. sixteen of the Revised Statutes of the United States relating to the Property in hands of District of Columbia be, and the same is, amended as follows, so as to police. read: Property clerk to have charge of prop cion, etc. R. S. D. C., sec. 416, p. 49, amended. "SEC. 416. All property or money taken on suspicion of having been erty taken on suspi feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into possession of any member of the police force, and all property and money taken from pawnbrokers as the proceeds of crime or from persons supposed to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the property clerk, to be fully registered and advertised for the benefit of all parties interested, and for the information of the public as to the amount and disposition of the Sale of property of property so taken into custody by the police. That whenever any money deceased persons. or property of deceased persons coming into the custody of the property clerk of the police department shall remain in his hands for the period of one year without being claimed by the legal representatives of such deceased person, such money or property, when not exceeding fifty dollars in value, shall be disposed of as lost or abandoned property as provided in this chapter: Provided, That when the value of such money property exceeding or property shall exceed fifty dollars and shall have remained in the custody of the property clerk for one year, all records pertaining to the same shall be certified by the property clerk to the orphans' court of the District of Columbia, which shall appoint an administrator of such Balance to police estate, according to law: Provided further, That the administrator so appointed by the orphans' court shall deposit with the Treasurer of the United States, to the credit of the policeman's fund, any balance remaining in his hands after the time limited for the final settlement of the estates of deceased persons under existing law." Provisos. Administration $50 in value. man's fund. on Approved, May 29, 1896. May 30, 1896. District of Columbia. illegal dry measures. Penalty for use of Description of standards. CHAP. 274.-An Act Defining the standard shape and size for dry measures in use in the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be lawful for any person, under a penalty of five dollars for each offense, to be recovered in the police court of the District of Columbia in the name of said District in the same manner as other fines and penalties are recovered, to use any bushel, half-bushel, peck, half peck, or quarter-peck measure unless the same be of the dimensions following, to be measured from inside to inside, to wit: Every bushel measure shall not be less than fifteen and one-fourth inches in diameter at the top, fourteen and onehalf inches in diameter at the bottom, twelve and three-eighths inches deep, and the staves three-fourths of an inch in thickness. Every halfbushel measure shall not be less than twelve and one-half inches in diameter at the top, eleven and one-half inches in diameter at the bottom, nine and one-half inches deep, and the staves at least one inch thick. Every peck measure shall not be less than ten inches in diameter at the top, nine and one-fourth inches in diameter at the bottom, seven and five-eighths inches deep, and the staves three-fourths of an inch in thickness. Every half-peck measure, when joined to the peck, shall not be less than eight and five-eighths inches in diameter at the top, nine and one-eighth inches in diameter at the bottom, four and onehalf inches in depth, and the staves five-eighths inch thick; and every one-half peck measure, when made separate from the peck, shall not be less than nine and one-eighth inches in diameter at the top, eight and five-eighths inches in diameter at the bottom, four and one half inches deep, and the staves five-eighths inch thick; every quarter-peck meas ure shall not be less than six and one-eighth inches in diameter at the top, five and seven-eighths inches in diameter at the bottom, four and three-fourths inches deep, and the staves one-half inch in thickness. SEC. 2. That when potatoes are sold by weight the lawful weight of a bushel of potatoes shall be sixty pounds, under a penalty of five dollars for each offense, to be recovered in the police court of the District of Columbia, in the name of the said District, in the same manner as other fines and penalties are recovered. Approved, May 30, 1896. Sale of potatoes. CHAP. 275.—An Act Empowering and directing the Secretary of the Navy to furnish four pieces of condemned cannon to the city of Hastings, Michigan. May 30, 1896. Condemned cannon. 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 is hereby authorized to furnish to the city of Hastings, Michigan, for ings, Mich. use in completing the soldiers' monument, four pieces of condemned cannon, if in his judgment it may be consistent with the interests of the public service: Provided, That the United States shall not be subjected Expense. to any expense on account of such donation. Approved, May 30, 1896. Proviso. CHAP. 303.-An Act To amend the laws of the District of Columbia as to married women, to make parents the natural guardians of their minor children, 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 property, real and personal, which any woman in the District of Columbia may own at the time of her marriage, and the rents, issues, profits, or proceeds thereof, and real, personal, or mixed property which shall come to her by descent, devise, purchase, or bequest, or the gift of any person, shall be and remain her sole and separate property, notwithstanding her marriage, and shall not be subject to the disposal of her husband or liable for his debts, except that such property as shall come to her by gift of her husband shall be subject to, and be liable for, the debts of the husband existing at the time of the gift. SEC. 2. That a married woman, while the marriage relation subsists, may bargain, sell, and convey her real and personal property, and enter into any contract in reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property, and she may, by a promise in writing, expressly make her separate estate liable for necessaries purchased by her or furnished at her request for the family. June 1, 1896. District of Columbia. Married women. Absolute right to property acquired. R. S. D. C., sec. 727, p. 87, amended. Gifts from husband. Power of disposal, contracts, etc. SEC. 3. That any married woman may carry on any trade or business. Right to trade, etc. occupation or profession by herself, or jointly with others, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, profession, occupation, labor, or services shall be her sole and separate property, and may be used and invested by her in her own name. etc. Right to contract, R. S. D. C., sec. 729, SEC. 4. A married woman may contract, and sue and be sued in her own name in all matters having relation to her sole and separate property, in the same manner as if she were unmarried; and her husband P. 87, amended. shall be joined with her, when the cause of action is in favor of or against both her and her husband. Husband not liable R. S. D. C., sec. 730, SEC. 5. Neither the husband nor his property shall be bound by any under wite's contract. such contract, made by a married woman, nor liable for any recovery against her in any such suit, but judgment may be enforced by execu- p.87. tion against her sole and separate estate in the same manner as if she were unmarried, but she shall be entitled to all the benefits of all exemptions to the heads of families or householders. STAT L-VOL 29-13 |