Commencement. Location.. Viaduct. Depth of water. Sea-walls. Length. Base and wall. SEC. 2. That said company shall, within two years after the passage of this act, locate and commence the construction of said harbor at a point to be selected by them off Padre Island, coast of Texas. Commencing at the water's edge and running at an angle to the shore they shall construct a viaduct of the most approved modern plan, extending seaward until a depth of, say, twenty-seven feet of water is reached; thence continuing in the same direction they shall construct a sea-wall until thirty feet or more of water is reached; thence turning southward at an angle or curve which shall throw the sea-wall parallel, or nearly so, with the shore-line of Padre Island, they shall construct a sea-wall three thousand feet in length, said seawall to be placed upon a base of riprap or other suitable foundation, upon which shall be constructed a wall of concrete of such form of structure as the engineer officer of said company may hereafter adopt, twenty-two feet thick, more or less, and twenty-nine feet high, reaching eleven feet above mean low water. They shall also construct breakwaters of sufficient length and so placed as to protect the shore end of the viaduct, and another of sufficient length and so placed as to protect the entrance to the embayed space, thus forming an outer harbor sufficient in extent to afford dockage for, and accommodation at its wharves for, thirty of the largest ocean steamers afloat and two hundred or more smaller vessels or coasters at one time, and shall complete said work within four years from the commencement of the same. When completed, the embayed space or harbor shall be, and is hereby, declared to be a harbor of refuge for the vessels of all nations and such vessels as may touch. for orders, free of charge, except such vessels as may land at the Exceptions. wharves. Height, etc. Breakwaters. Dimensions, etc., of outer harbor. Completion. A free harbor of refuge for vessels. Port charges and wharfage. SEC. 3. That in consideration of the free use of the embayed space or harbor as a harbor of refuge for the vessels of all nations except vessels which land at and use the wharves, and in further consideration of the vast benefit to the general commerce of the whole country and in lieu of any money appropriations for the improvement of the said coast, the said company shall be allowed to charge and collect such reasonable port charges and wharfage as may be prescribed by regulations that may be made by the Secretary of the Treasury of the United States, in conformity with the laws of the Treasury to regulate. United States. Secretary of the Charges, etc. SEC. 4. That no wharfage or port charges shall be charged until after the said improvement shall have been inspected by a board of engineers, etc. three engineers of the United States Army, appointed by the Secretary of War for the purpose, and found to have been fully completed in accordance with the terms of this act and until such report shall have been approved by the Secretary of War. SEC. 5. That the United States Government specially reserves the Optional right of right at its option to take said works upon payment to the owners possession, etc. thereof the actual value of the same at the time of taking, which value shall be determined by a board of engineers of the United States Army, to be appointed by the Secretary of War for the pur pose. SEC. 6. The rights herein granted to the "Corpus Christi and Padre Island Harbor Company are upon the condition that there shall be no discrimination made in favor of or against any individual or corporation in regard to the use of said harbor or its approaches by land or water. Government to take Determination of value. No discrimination in use of harbor, etc. Madre. Location of bridges. SEC. 7. That the said Corpus Christi and Padre Island Harbor May bridge Laguna Company be, and hereby is, authorized and empowered to construct. bridges across Laguna Madre from the main land to Padre Island, in accordance with such plans and specifications as the Secretary of approve plans. War may approve. Approved, February 9, 1891. February 10, 1891. Counterfeiting manufacture of dies, pp. 1058, 1059. like those for coining States. Assisting. CHAP 127.-An act further to prevent counterfeiting or manufacture of dies, tools, or other implements used in counterfeiting, and providing penalties therefor, and providing for the issue of search warrants in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person etc., used in, etc. who, within the United States or any Territory thereof, makes any R. S.. sec's 5457-5462, die, hub, or mold, either of steel or plaster, or any other substance Making dies, etc., whatsoever in likeness or similitude, as to the design or the inscripcoins of the United tion thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper or other coins of the United States that have been or hereafter may be coined at the mints of the United States, or who willingly aids or assists in the making of any such die, hub, or mold, or any part thereof, or who causes or procures to be made any such die, hub or mold, or any part thereof, without authority from the Secretary of the TreasHaving in posses- ury of the United States or other proper officer, or who shall have in his possession any such die, hub, or mold with intent to fraudulently Permitting the use. Or unlawfully use the same, or who shall permit the same to be used for or in aid of the counterfeiting of any of the coins of the United States herein before mentioned shall, upon conviction thereof, be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than ten years, or both, at the discretion of the court. Procuring. sion. Penalties. Making, etc., dies, etc., like those for Concealing, etc. SEC. 2. That every person who, within the United States or any coining foreign coins. Territory thereof, without lawful authority, makes, or willingly aids or assists in making, or causes or procures to be made, any die, hub, or mold, either of steel or of plaster, or of any other substance whatsoever, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign Government, or who conceals or shall have in possession any such die, hub, or mold herein before mentioned, with intent to fraudulently, or unlawfully use the same for counterfeiting any foreign coin, or who knowingly suffers the same to be fraudulently used for the counterfeiting of any foreign coin shall, upon conviction thereof, be punished by a fine of not more than two thousand dollars or imprisonment at hard labor not more than five years, or both, at the discretion of the court. Penalties. Making, importing, etc., tokens, etc., sim coins. SEC. 3. That every person who makes, or who causes or procures ilar to home or foreign to be made, or who brings into the United States from any foreign country, or who shall have in possession with intent to sell, give away, or in any other manner use the same, any business or professional card, notice, placard, token, device, print, or impression, or any other thing whatsoever, whether of metal or its compound or of any other substance whatsoever, in likeness or similitude, as to design, color, or the inscription thereon, of any of the coins of the United States or of any foreign Government, that have been or hereafter may be issued as money, either under the authority of the United States or under the authority of any foreign Government shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars. Penalty. Counterfeits of chligations, etc.. of the United States or for eign governments. p. 1049. R. S., see's 5413-5415, Material, etc., for making. Forfeiture, etc. SEC. 4. That all counterfeits of any of the obligations or other securities of the United States or of any foreign Government, or counterfeits of any of the coins of the United States or of any foreign Government, and all material or apparatus fitted or intended to be used, or that shall have been used, in the making of any of such counterfeit obligations or other securities or coins herein before mentioned, that shall be found in the possession of any person without authority from the Secretary of the Treasury or other proper officer to have the same, shall be taken possession of by any authorized agent of the Treasury Department and forfeited to the United States, and disposed of in any manner the Secretary of the Treasury may direct. Issue of search warrants in certain cases. In daytime only, on probable cause. SEC. 5. That the several judges of courts established under the laws of the United States and the commissioners of such courts may, upon proper oath or affirmation, within their respective jurisdictions, issue a search warrant authorizing any marshal of the United States, or any other person specially mentioned in such warrant, to enter any house, store, building, boat, or other place named in such warrant, in the daytime only, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States or of any foreign Government, or the manufacture or concealment of dies hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any foreign Government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign Government or of any political division of any foreign Government, is being carried on or practiced, and there search for any such counterfeit money, coins, dies, hubs, molds, Search. plates, and other things, and for any such obligations, and if any such be found, to seize and secure the same and to make return thereof to the proper authority; and all such counterfeit money, coins, dies, hubs, molds, plates, and other things and all such counterfeit obligations so seized shall be forfeited to the United States. Approved, February 10, 1891. Seizure, etc. CHAP. 128.-An act to amend an act entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven. February 10, 1891. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve Interstate Commerce of an act entitled "An act to regulate commerce," approved Feb- Commission. ruary fourth, eighteen hundred and eighty-seven, be, and it is hereby, amended so as to read as follows: Vol. 24, p. 383, amended. Scope, etc., of com mission. Enforcement of the "SEC. 12. That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Commission, law. it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States all necessary proceedings for the enforcement of the Proceedings. provisions of this act and for the punishment of all violations thereof, and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investiga tion. Costs, etc., of prosecutions. Power to send for persons and papers. Attendance of wit "Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United nesses, etc. States, at any designated place of hearing. And in case of disobe- Disobedience to comdience to a subpoena the Commission, or any party to a proceeding mission's subpoena. Circuit courts to issue subpoena in cer. tain cases. Punishment of com mon carrier, etc., for contumacy, etc. Self-criminating tes timony. Testimony by depo sition. before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. "And any of the circuit courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall nct excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. "The testimony of any witness may be taken, at the instance of a party, in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the proceeding or Notice in writing to investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and Compulsory deposi- place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. be given. tions, etc. Oath, etc., of depo nent. Depositions in foreign countries. "Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. "If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Filing of depositions. Commission. All depositions must be promptly filed with the Commission." Fees for depositions. Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Approved, February 10, 1891. CHAP. 129.-An act granting to the Umatilla Irrigation Company a right of way through the Umatilla Indian Reservation in the State of Oregon. February 10, 1891. Umatilla Irrigation Company granted right of way dian Reservation, Location. Diversion of waters from their beds. Construction, etc., of reservoirs, etc. Conditions of grant. Water for lands of Vested rights of oc Width. Adjacent ground for reservoirs, etc. Limit. 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 Umatilla Irri- canal gation Company, a corporation organized and existing under the through Umatilla Inlaws of the State of Oregon, for the construction and maintenance of Oreg. a water ditch or canal for irrigation purposes from any convenient For irrigation purpoint on the Umatilla Indian Reservation, in Umatilla County, State P of Oregon, near the headwaters of the Umatilla River, across said reservation to Wild Horse Creek, its northwestern boundary, at any convenient point, with the right to divert the waters of said Umatilla River and tributary streams from their beds, and for such purpose to construct and maintain reservoirs, dams, flumes, ditches, and such other structures and devices as may be necessary for storing, conveying, and distributing water at such points as such company may desire to use the same. The rights herein granted are upon express condition that, during their continuance, the grantees or their assigns shall furnish all occupants of lands of said reservation, so situated as to be capable of irrigation from any ditches constructed by them reservation. hereunder, with water sufficient for purposes of agricultural and domestic uses and irrigation under such rules and regulations and on such terms as the Secretary of the Interior shall prescribe; and shall not divert or diminish the volume of water in said streams or exhaust cupants, etc. either of them, so far as to impair vested rights, or to hinder, or prevent the occupants of lands on said reservation the full enjoyment of said streams either for power, irrigation, or domestic purposes. SEC. 2. That the right of way hereby granted to said company shall be fifty feet in width on each side of the center line of said ditch or canal, together with ground adjacent to such right of way for dams, reservoirs, and distributing ditches, not exceeding ten acres in the aggregate for every ten miles of said ditch or canal; and said company shall also have the right to enter upon lands adjacent to the line of said ditch or canal and to take therefrom material, stone, earth, and timber necessary for the construction of said ditch or canal. SEC. 3. That whereas E. J. Summerville, J. P. Bushee, and J. B. Eddy have been appointed by the Secretary of the Interior as Commissioners to appraise the lands of said reservation for the purpose of carrying into effect the provisions of the act of Congress entitled "An act providing for allotment of lands in severalty to the Indians Vol. 23, pp. 340–343. residing upon the Umatilla Reservation, in the State of Oregon, and granting patents therefor, and for other purposes," approved March third, eighteen hundred and eighty-five, and are now acting as such Commissioners, they are hereby appointed Commissioners to fix the Appointment of comamount of compensation to be paid the Indians for such right of way pensation to the Inand other grounds, estimating the same by the smallest legal subdi- dians, etc. visions in accordance with the public surveys; and also to ascertain and fix the amount of compensation to be made individual members of the confederated tribes of Umatilla, Walla Walla, and Cayuse In- ated tribes. dians for damages sustained by them by reason of said ditch or canal crossing lands now inclosed or improved by them; and said compen- Ascertainment.etc. sation and damages shall be ascertained and adjusted, and all surveys damages. made pursuant to such regulations as the Secretary of the Interior shall prescribe, and shall be subject to his approval. In case of the inability or refusal of said Commissioners, or any of them, to act, the Secretary of the Interior shall by appointment supply the vacancy Supplying vacancies. or vacancies so caused. The compensation of said Commissioners shall be the same as that now received for the services rendered by them under their aforesaid appointment, and shall be paid by said company: Provided, That the consent of the Indians to said diversion of water, compensation, and right of way shall be obtained by Material, etc. missioners to fix com indi Damages to viduals of confeder of compensation and Compensation of commissioners. Proviso. Prior consent of In dians to be obtained. |