shall be delivered to the owner or shipper, and when the cattle, sheep, and swine, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the vessel on which the shipment shall be made. animals killed by Proviso. sent to SEC. 7 That none of the provisions of this act shall be so con- Not applicable to strued as to apply to any cattle, sheep, or swine slaughtered by any farmers. farmer upon his farm, which may be transported from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia: Provided, however, That if the carcasses of such cattle, sheep, or swine go to any packing or canning establishcanning establishment and are intended for transportation to any other State or Territory or the District of Columbia as hereinbefore provided, they shall there be subject to the post mortem examina. tion provided for in sections three and four of this act. Approved, March 3, 1891. ments to be examined. March 3, 1891. Missoula and Northern Railroad Company through Flathead granted right of way CHAP. 556.-An act granting to the Missoula and Northern Railroad Company the right of way through the Flathead Indian Reservation, in the State of Montana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted, as hereinafter set forth, to the Missoula and Northern Railroad Company, a corporation organized and existing under the laws of the State of Montana, for the construction, opera- Mout. Indian Reservation, tion, and maintenance of its railroad through the lands set apart for the use of the Flathead Indians, commonly known as the Flathead Indian Reservation, said railroad line beginning at a point at or near the mouth of Jocko River, on the Northern Pacific Railroad, in the county of Missoula, State of Montana, and running thence by the most practicable route to the northern line of the said State of Montana, and more particularly described, as far as extending through said Indian reservation, as beginning at or near the aforesaid mouth of Jocko River, and running thence in a northerly direction to the southerly end of Flathead Lake, and thence by the most practicable route, either to the east or west of said lake, in a northerly direction to the said northern boundary of Montana. Location. SEC. 2. That the right of way hereby granted to said railroad com- Width. pany shall be seventy-five feet in width on each side of the central line of said railroad as aforesaid, and said company shall also have the right to take from lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction thereof; also ground adjacent to said right of way for station buildings, depots, Stations, etc. machine shops, side tracks, turn-outs, and water stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of said road. SEC. 3. That it shall be the duty of the Secretary of the Interior to Compensation. agree with the Flathead and Confederated tribes on the compensation to be paid them for such right of way, and the time and manner for the payment thereof, but no right of way of any kind shall vest in said railroad company in or to any part of the right of way or station grounds herein provided for until plats thereof, made upon actual survey for the definite location of such road, and including the points for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation agreed on has been paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians and in accordance with such Secretary of the In tion, etc. terior to approve loca Provisos. rules and regulations as the Secretary of the Interior may make to carry out the provisions of this act: Provided, That the right of way herein granted shall be lost and forfeited by said company unless the road is constructed and in running order through said reservation within three years from the passage of this act: Provided further, Station at Flathead That when said railroad shall have been constructed to the south end of said Flathead Lake said company may establish a temporary terminal station on the shore of said lake, on grounds not exceeding three thousand feet square, and, pending completion of said railroad, may utilize the waters of said Flathead Lake for transportation purposes. Lake. Amendment, etc. SEC. 4. That Congress may at any time amend, alter, or repeal this act. Approved, March 3, 1891. March 3, 1891. Clarksville, Tenn. Site. Cost. Proposals to be advertised for. Responses. Treasury agent. CHAP. 557.-An act to provide for the purchase of a site, and the erection of a public building thereon, at Clarksville, in the State of Tennessee. 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 acquire, by purchase, condemnation, or otherwise, a site, and cause to be erected thereon a suitable building, including fire-proof vaults, heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices in the city of Clarksville and State of Tennessee, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of thirty-five thousand dollars. Proposals for the sale of land suitable for said site shall be invited by public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals. Proposals made in response to said advertisement shall be addressed and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to Examination by designate, to be examined in person by an agent of the Treasury Department, who shall make written report to said Secretary of the results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites. Appointment of commission. Examination. Hearings. Report. If, upon consideration of said report and accompanying papers, the Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of whom shall be an officer of the Treasury Department, which commission shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the premises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall Determination of lo- thereupon finally determine the location of the building to be erected. The compensation of said commissioners shall be fixed by the Secre tary of the Treasury, but the same shall not exceed six dollars per day and actual traveling expenses: Provided, however, That the Treasury member. member of said commission appointed from the Treasury Department shall be paid only his actual traveling expenses. cation. Compensation of commissioners. Proviso. til valid title, etc., No money shall be used for the purpose mentioned until a valid No expenditure untitle to the site for said building shall be vested in the United States, pass nor until the State of Tennessee shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein. The building shall be unexposed to danger from fire by an open space of at least forty feet on each side, including streets and alleys. Approved, March 3, 1891. Open space. CHAP. 558.-An act to incorporate the National Conservatory of Music of America. March 3, 1891. National Conserva tory of Music incor porated. Corporators. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Jeannette M. Thurber, William G. Choate, Chauncey M. Depew, Abram S. Hewitt, Frank R. Lawrence, of the State of New York; William Pinckney Whyte, Enoch Pratt, of Maryland; Fitz Hugh Lee, William H. Payne, of Virginia; Olive Risley Seward, John Hay, S. P. Langley, Anthony Pollock, C. R. P. Rodgers, John M. Schofield, of the District of Columbia, and such others as may be associated with them, are hereby constituted a body politic and corporate by the name National Conservatory of Music of America, with perpetual succession, with power to sue and be sued, complain and defend in any General powers. court of law or equity, to make and use a common seal and alter the same at pleasure; to acquire, take by devise, bequest, or otherwise, hold, purchase, and convey such real and personal estate as shall be required for the purposes of its incorporation; to appoint such officers and agents as the business of the corporation shall require, and to make by-laws not inconsistent with any law of the United States for the admission and qualification of members, the management of its property, and the regulation of its affairs. Said corporation is hereby empowered to found, establish, and maintain a national conservatory of music within the District of Columbia for the education of citizens of the United States and such other persons as the trustees may deem proper in all the branches of music. The said corporation shall have the power to grant and confer diplomas and the degree of doctor of music or other honorary degrees. SEC. 2. The power to alter, amend or repeal this act, is hereby reserved. Approved, March 3, 1891. Purpose. Degrees, etc. Amendment, etc. CHAP. 559.—An act to amend section eight of an act approved March third, eighteen hundred and ninety-one, entitled "An act to repeal timber culture laws and for other purposes.” March 3, 1891. Post, p. 1099, amend Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section eight Repeal of timber culof an act entitled "An act to repeal timber culture laws, and for trea other purposes," approved March third, eighteen hundred and ninety- ed. one, be and the same is hereby amended so as to read as follows: "SEC. 8. That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from ents, to be brought in the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of Suits to annul pat six years. the issuance of such patents. And in the States of Colorado, Mon- Timber depredation tana, Idaho, North Dakota, and South Dakota, Wyoming, and the suits in certain states, District of Alaska, and the gold and silver regions of Nevada and etc. Defense. the Territory of Utah in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident. thereof for agricultural, mining, manufacturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior and has not been transported out of the same, but Railway companies. nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain, provided that the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not Timber on mineral be lawful to cut or remove any timber except as may be prescribed Rules, etc. lands. Vol. 20, p. 88. March 3, 1891. Preamble. Saginaw, Mich. Site. Cost. Appropriation. Proposals to be advertised for. Responses. by such rules and regulations, but this act shall not operate to repeal the act of June third, eighteen hundred and seventy-eight, providing for the cutting of timber on mineral lands. Approved, March 3, 1891. CHAP. 560.-An act to provide for the purchase of a site and the erection of a public building thereon at Saginaw, in the State of Michigan. Whereas the Legislature of the State of Michigan, at its biennial session, in the year Anno Domini Eighteen hundred and eighty-nine, by law provided for the consolidation of the cities of Saginaw and East Saginaw in the State of Michigan, under the name of Saginaw; and Whereas the population of the said joint cities is of the number of sixty-five thousand inhabitants; and, Whereas two presidential post offices are in existence within the limits of the said cities to be consolidated: Therefore, 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 acquire, by purchase, condemnation, or otherwise, a site and cause to be erected thereon a suitable building, including fire-proof vaults, heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices, in the city of Saginaw and State of Michigan, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of One hundred thousand dollars, which said sum of One hundred thousand dollars is hereby appropriated for said purpose out of any moneys in the United States Treasury not otherwise appropriated. Proposals for the sale of land suitable for said site shall be invited by public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals. Proposals made in response to said advertisement shall be addressed and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper Examination by to designate, to be examined in person by an agent of the Treasury Department, who shall make written report to said Secretary of the results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites. Treasury agent. Appointment of commission. If, upon consideration of said report and accompanying papers. the Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of whom shall be an officer of the Treasury Department, which commission shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the premises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the building to be erected. per Examination. Hearings. Report. Determination of lo cation. Compensation of commissioners. Proviso. The compensation of said commissioners shall be fixed by the Secretary of the Treasury, but the same shall not exceed six dollars day and actual traveling expenses: Provided, however, That the member of said commission appointed from the Treasury Depart- Treasury member. ment shall be paid only his actual traveling expenses. Advertising, etc., ex available. So much of the appropriation herein made as may be necessary to defray the expenses of advertising for proposals, actual traveling penses, immediately expenses of said agent, and the compensation and actual traveling expenses of said commissioners, and other expenses incident to the selection of the site, and for necessary survey thereof, shall be immediately available. So much of said appropriation as may be necessary for the preparation of sketch-plans, drawings, specifications, and detailed estimates for the building by the Supervising Architect of the Treasury Department shall be available immediately upon the approval by the Secretary of the Treasury of such site. Appropriation for plans, etc., available on approval of site. No money appropriated by this act shall be available, except as No expenditure until herein before provided, until a valid title to the site for said building valid title, etc., pass. shall be vested in the United States, nor until the State of Michigan shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein. Balance for construc After the said site shall have been paid for and the sketch-plans ce and detailed estimates for the building shall have been prepared by the Supervising Architect and approved by the Secretary of the Treasury, the Secretary of the Interior and the Postmaster-General the balance of said appropriation shall be available for the erection and completion of the building, including fire-proof vaults, heating and ventilating apparatus, elevators, and approaches. The building shall be unexposed to danger from fire by an open. space of at least forty feet on each side, including streets and alleys. Approved, March 3, 1891. Open space. CHAP. 561.-An act to repeal timber-culture laws, and for other purposes. March 3, 1891. Timber culture laws Vol. 20, p. 113. Provisos. 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 an act entitled 'An act to encourage the repealed. growth of timber on the Western prairies," approved June fourteenth, eighteen hundred and seventy eight, and all laws supplementary thereto or amendatory thereof, be, and the same are hereby, repealed: Provided, That this repeal shall not affect any valid rights Existing rights preheretofore accrued or accruing under said laws, but all bona fide served. claims lawfully initiated before the passage of this act may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed: And provided further, That the following words of the last clause of section two of said Number of trees per acre. |