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hereby, authorized to construct and maintain a railroad bridge for the passage of railway engines and cars across the Tombigbee River at a point suitable to the interests of navigation, between Clarke and Choc- Location. taw counties, in the State of Alabama, in section seven, township nine, range one west of Saint Stephens meridian; 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 constructed under this Act and according to its limitations and post route. 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, upon which, also, no higher charge shall be made for the transportation over the same of the mails, the troops, or 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 United Telegraph, etc., 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 companies desiring the use of said Use by other roads. 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.
Protection to navigation.
Secretary of War to approve plans, etc.
SEC. 2. That the bridge authorized to be constructed under this Act Drawbridge. shall 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 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 company 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 soundings 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.
SEC. 3. That Congress reserves the right to alter, amend, or repeal this Act at any time; and if at any time navigation of 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 Changes. 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
Time of construction.
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 date of approval of this Act, the rights and privileges hereby granted shall cease and be determined.
Approved, February 29, 1904.
March 1, 1904. [H. R. 11823.]
[Public, No. 34.]
Census of manufac-
to cooperate with
CHAP. 388.-An Act To authorize the Director of the Census to cooperate with the secretary of state of the State of Michigan and with officials of other States in taking the census of manufactures.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Director of the Census is hereby authorized and empowered to cooperate with the secretary of state of the State of Michigan in taking the census of manufactures and shall equitably share the expenses thereof, the results of which may be accepted by the United States as its census of manufactures for that State for the year nineteen hundred and five: Expenditures limit. Provided, That the expenditures incident to this cooperation shall not exceed twenty thousand dollars, such expenditures to be paid from the fund appropriated for the expenses of the field work of the census for the fiscal year ending June thirtieth, nineteen hundred and five. And the Director of the Census may, in his discretion, cooperate with the officials of other States which take a like census in so far as it may aid in the collection of statistics of manufactures required by existing law.
Post, p. 137.
Approved, March 1, 1904.
March 3, 1904. [H. R. 6345.]
[Public, No. 35.] Iowa.
money and supplies
CHAP. 390.-An Act For the relief of the State of Iowa.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the furnished troops by. State of Iowa, out of any money not otherwise appropriated, the sum of twenty thousand five hundred and forty-five dollars and seventy cents, to reimburse the said State for money and supplies furnished Iowa troops after being mustered into the United States service. Approved, March 3, 1904.
CHAP. 393. -An Act Defining the limit of navigation of the Osage River in the State of Missouri.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Osage River in the State of Missouri above the point where the south line of sections fifteen and sixteen in township forty north, of range twenty-two west, of the fifth principal meridian, and in the county of Benton, State of Missouri, crosses said river, is hereby declared not to be a navigable stream, and shall be so treated by the Secretary of War and by all other authorities.
Approved, March 4, 1904.
CHAP. 394.-An Act To amend the Act of Congress of March eleventh, nineteen hundred and two, relating to homesteads.
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 amend section twenty-two hundred and ninety-four of the ed. Revised Statutes of the United States," approved March eleventh, nineteen hundred and two, be, and the same is hereby, amended to read as follows:
"That section_twenty-two hundred and ninety-four of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:
March 4, 1904.
[H. R. 8435.] [Public, No. 37.]
Post, p. 64.
R. S., sec. 2294, p. 421, amended.
Judicial officers be
County and parish added. Proviso.
Affidavits taken out
SEC. 2294. That hereafter all proofs, affidavits, and oaths of any fore whom affidavits, kind whatsoever required to be made by applicants and entrymen etc., may be made. under the homestead, preemption, timber-culture, desert-land, and timber and stone Acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising Federal jurisdiction in the Territory or before the judge or clerk of any court of record in the county, parish, or land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the land of county. is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly subscribed, or which may have heretofore been so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant making such affidavit or oath, shall knowingly, willfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows:
"For each affidavit, twenty-five cents.
"For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents.
"For each deposition of claimant or witness, prepared by the officer, one dollar.
"Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars.'" Approved, March 4, 1904.
Force and effect of affidavits.
Penalty for false swearing.
Fees for entries, etc.
Penalty for excessive fees.
CHAP. 395.-An Act To provide for appeals, writs of error, and other appellate proceedings from the circuit and district courts of Beaumont, in the eastern district of Texas.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all appeals, writs of error, and other apellate proceedings which may hereafter be taken or prosecuted from the circuit or district courts of the United States from the courts at Beaumont, Jefferson County, Texas, in the eastern judicial district of Texas, to the court of appeals of the fifth circuit shall be
heard and disposed of by said court of appeals at the terms of court held in the city of New Orleans, in the State of Louisiana: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit in cases of injunctions and in all other cases which under the statutes and the rules or in the opinion of the court are entitled to be brought to a speedy hearing.
Approved, March 4, 1904.
CHAP. 396.-An Act Making an appropriation for clearing the Potomac River of ice.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of three thousand dollars is hereby appropriated, payable from any money in the Treasury not otherwise appropriated and from the revenues of the District of Columbia, in equal parts, for clearing the Potomac River of ice within the District of Columbia.
Approved, March 5, 1904.
March 7, 1904. [H. R. 19.]
[Public, No. 40.]
Indian Territory. Southern judicial district.
CHAP. 405.-An Act Establishing a United States court at Marietta, Indian Territory.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the places now provided by law for holding courts in the southern judicial district Terms of court at of Indian Territory court shall be held in the town of Marietta, and all laws regulating the holding of courts in the Indian Territory shal! be applicable to the said court hereby created in the said town of Marietta.
Vol. 28, p. 694.
Recording district No. 26.
Vol. 32, p. 841.
SEC. 2. That the territory described in this section shall be known as recording district numbered twenty-six.
Beginning at a point where range line between ranges two and three west reaches Red River, being the corner of district numbered twenty; thence down Red River with all of its meanderings to the range line between ranges three and four east, being corner of district numbered twenty-one; thence north on said range line to township line between numbers five and six south; thence west on said township line to where it intersects township line between townships two and three west, same being east line of district numbered twenty; thence south on said township line to Red River." The place of recording in such district shall be at the town of Marietta, and the provisions of the Act of Congress approved February nineteenth, nineteen hundred and three, shall apply to this district where applicable.
SEC. 3. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Approved, March 7, 1904.
March 9, 1904.
[Public, No. 41.]
CHAP. 501.—An Act Authorizing the Yankton, Norfolk and Southern Railway Company to construct a combined railroad, wagon, and foot-passenger bridge across the Missouri River at or near the city of Yankton, South Dakota.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for and Southern Rail the Yankton, Norfolk and Southern Railway Company, a corporation organized for that purpose under the general corporation laws of the
way may bridge, at Yankton, S. Dak.
and foot bridge.
State of Nebraska, and authorized to operate and transact business in the State of South Dakota, or its assigns, to construct, under and subject to the conditions and limitations hereinafter provided, a combined Railroad, wagon railroad, wagon, and foot-passenger bridge across the Missouri River at or near the city of Yankton, South Dakota, and to lay on and over said bridge railway tracks for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at the city of Yankton, or to the river on the opposite side of the same, near the city of Yankton, and, if the said railway company so chooses, also to build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot passengers, and to maintain and operate said bridge for the purposes aforesaid; and that when Use by other roads. said bridge is constructed all trains of railroads terminating at said river, and on the opposite side thereof, at the city of Yankton, South Dakota, shall be allowed to cross said bridge for reasonable compen
sation to be made to the owners of the same; and if the amount of Compensation. said compensation can not be agreed upon by the parties, the same shall be fixed by the Secretary of War. And if the owners elect to build, erect, and lay on and over said bridge roadway for wagons, vehicles, and animals, the owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles, animals, and foot passengers: Provided, That the Secretary of War may at any time prescribe such rates of toll for such transit over said bridge as may be deemed proper and reasonable.
Length of spans.
SEC. 2. That any bridge built under the provisions of this Act may, at the option of the corporation building the same, be built as a drawbridge, or with unbroken and continuous spans: Provided, That if the same shall be made of unbroken continuous spans it shall not be any case of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructures; nor shall the spans of said bridge be less than three hundred feet in the clear at low-water mark; and the piers of said bridge shall be parallel with the current of the river at high water, and the main spans shall be over the main channels of the river: And provided also, That if a bridge shall be built under this Act as a draw- Drawbridge. bridge, the same shall be constructed as a pivot drawbridge, with one or more draws, as the Secretary of War may prescribe, and with spans of not less than two hundred feet in length in the clear on each side of the central or pivot piers of the draws, and the next adjoining spans over the river to the draws shall not be less than two hundred and fifty feet in the clear, measured at low water; and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river at high water: And provided also, That said draw shall be opened promptly, Opening draw. upon reasonable signal, for the passage of boats and other water craft; 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, and such sheer booms or other structures as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel span, or draw openings, and as shall be designated and required by the Secretary of War: And provided further, That the corporation building said bridge may, sub- Permanent channel. ject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said object, but shall not impede or obstruct the navigation of said river, and shall be liable