CHAP. 286.—An act to authorize the construction of a bridge across the Saint Louis River between the States of Wisconsin and Minnesota. February 24, 1891. and Southern Railroad tween Minn, and Wis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Duluth, Duluth, Red Wing Red Wing and Southern Railroad Company, a corporation organ- Company and Supeized and existing under the laws of the States of Wisconsin and Min- rior Belt Line and Terminal Railway nesota, and the Superior Belt Line and Terminal Railway Company, Company may bridge a corporation existing under the laws of Wisconsin, be, and are Saint Louis River behereby, authorized to construct and maintain a bridge, and approaches thereto, over the Saint Louis River between the States of Minnesota and Wisconsin at the most feasible point in the State of Wisconsin, in section ten or eleven, township forty-eight north, of range fifteen west, to a point opposite in the State of Minnesota. Said bridge shall be constructed to provide for the passage of railway Railway, or railway, trains, and, at the option of the said corporation by which it may wagon, and foot be built, may be used for the passage of wagons and vehicles of all kinds, and for the transit of animals, and for foot passengers; and all for such reasonable rates of toll in all cases as may be approved from time to time by the Secretary of War. Location. bridge. Toll. Security of naviga tion. SEC. 2. That any bridge built under this act shall be built and constructed without material interference with the security and convenience of navigation of said river beyond what is necessary to carry into effect the rights and privileges hereby granted, and in order to secure compliance with these conditions the corporation, previous to commencing the construction of the bridge, or of the accessory works designed to secure the best practical channel way for navigation, and confine the flow of water to a permanent channel at said point, shall submit to the Secretary of War a plan of the bridge and accessory works provided for in this act, together with approve plans, etc. a detailed map of the river at the proposed site of the bridge, and for a distance of a mile above and below the site, with all such other information touching said bridge and river and accessory works as may be deemed requisite by the Secretary of War to determine whether said bridge, when built, will conform to the prescribed conditions of this act. Secretary of War to Pivot draw. Provisos. Opening of draw. SEC. 3. That the bridge built under this act shall be constructed as a pivot drawbridge with a draw over the main channel of the river at an accessible and best navigable point, and with a span of Span. not less than one hundred and ten feet in length in the clear on each side of the central or pivot pier of the draw, measured at right angles to the axis of the channel: Provided, That the said draw shall be opened promptly upon reasonable signal for the passage of boats, vessels, and other water craft: Provided, however, That no bridge shall be built under the provisions of this act, except there also be built, at the time of the erection of the piers, proper sheer booms or other protections to safely guide boats, vessels, rafts, and other water craft through said spans, and at the expense of the company or corporation erecting said bridge; 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. 4. That the Secretary of War is hereby authorized and directed, upon receiving any such plan and map and other information, and upon being satisfied that the bridge built on such plan and with such accessory works and at such locality will conform to the prescribed conditions of this act, to notify the company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location; but until the Secretary of War approve the plan and location of said bridge and accessory works Sheer booms, etc. Lights, etc. Notification of ap proval. Limitation. Change of plan. Proviso. Raft span. Lawful structure and post route. and notify the company of the same, the bridge shall not be built or commenced; and should any change be made in the plan of the bridge or accessory works during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War, not, however, to be in anywise inconsistent with the provisions or conditions of this act: Provided, That if at any time, in the opinion of the Secretary of War, a raft span in said bridge shall be necessary for the interests of commerce the said company shall put in a span of such width, not less than one hundred and fifty feet, as the Secretary of War may direct. SEC. 5. That any bridge and accessory works when built and constructed under this act and according to the terms and limitations thereof shall be a lawful structure; and said bridge shall be recognized and known as a post route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of the other post routes in the United States; and Congress reserves the right at any time to regulate by proper legFreight,etc.,charges. islation the charges for freight and passengers over said bridge; and the United States shall have the right of way for postal telegraph and telephone lines free of charge across said bridge. Postal telegraph. Use by other railroad companies. Terms. Disagreements. Secretary of War to decide. SEC. 6. 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 railroad trains or cars over the same, and over the approaches thereto, upon the 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 on the sum or sums to be paid, and upon the 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 the hearing of the allegations and proofs of the parties. SEC. 7. That it shall be the duty of the Secretary of War to reAids to navigation. quire the company or persons owning said bridge to cause such aids to the passage of said bridge authorized by the provisions of this act to be constructed, placed, and maintained at their own expense and cost, in the form of booms, dykes, piers, or other suitable and proper structures for the confining of the flow of water to a permanent channel and for the guiding of steamboats, rafts, and other water craft safely through the draw and raft span, as shall be specified in his Failure to construct. order in that behalf, and on the failure of the company or persons aforesaid to make and establish such additional structures within a United States to reasonable time, the said Secretary shall proceed to cause the same to be built or made at the expense of the United States, and shall Proceedings to re- refer the matter without delay to the Attorney-General of the United build. cover costs. moneys. States, whose duty it shall be to institute in the name of the United States proceedings in any circuit court of the United States for the circuit in which said bridge or any part thereof is located for the Disposal of accruing recovery of the cost thereof, and all moneys accruing from such proceedings shall be covered into the Treasury of the United States. SEC. 8. That the right to alter, amend, or repeal this act is hereby expressly reserved; and the right to require any changes in said Structural changes. structure, at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved. Amendment, etc. Commencement and completion. SEC. 9. That this act shall be null and void if actual construction of the bridge herein anthorized be not commenced within one year and completed within three years from the date thereof: And provided, That if either of the corporations named in this act shall for Neglect of either cor- the period of eight months from the date hereof neglect, refuse, or Proviso. poration to begin. fail to begin operations hereunder, then the other party shall suc- Approved, February 24, 1891. Succession to rights. Operation. CHAP. 287.-An act fixing the salaries of the several judges of the United States district courts at five thousand dollars per annum. February 24, 1891. United States dis Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the salaries of the several judges of the district courts of the United States trict court judges' salshall hereafter be at the rate of five thousand dollars per annum. Approved, February 24, 1891. aries. CHAP. 288.-An act to authorize the Kansas and Arkansas Valley Railway February 24, 1891. to construct and operate additional lines of railway through the Indian Territory, and for other purposes. sas Valley Railway additional lines of railIndian Territory, etc. may construct, etc., way, etc., through the Vol. 24, p. 73. Location of one additional railway line, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Kansas Kansas and Arkanand Arkansas Valley Railway, a corporation created under and by virtue of the laws of the State of Arkansas, having been heretofore by act of Congress, approved June first, anno Domini eighteen hundred and eighty-six, authorized and empowered to construct and operate a line of railway from the eastern boundary line of said Territory at or near Fort Smith to the northern boundary line of said Territory, with the right to construct and operate a branch line through said Territory to Coffeyville, in the State of Kansas, be, and the said Kansas and Arkansas Valley Railway is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining, in addition to the lines in said herein before-recited act specified, the following lines of railway through the Indian Territory, together with a telegraph and telephone line, namely: A line beginning at the most suitable point on the present main line of said railway at or near Wagoner, in the Indian Territory, and thence running in a westerly and northwesterly direction by the most feasible and practicable route, passing through or near the town of Guthrie, in the Oklahoma country, and through or near Fort Supply military_reservation to a point on the western boundary line of the Indian Territory. Also an additional or branch line, running from the most suitable point on the line last above described, in a southwesterly direction, and passing through or near Oklahoma City, and through or near Fort Reno military reservation, to a point on the western boundary line of the Indian Territory south of the point where the Canadian River crosses said boundary line; also a line commencing at the most practicable point on the main line at or near Fort Gibson, and running thence in a southwesterly direction through the Cherokee, Creek, Choctaw, and Chickasaw countries, either or all of them, to a point on the southern boundary line of the Indian Territory, with the right to construct, use, and maintain such tracks, Sidings, etc, turn-outs, and sidings as said company may deem it to its interest to construct along and upon the right of way and depot grounds herein provided for. SEC. 2. That said corporation is authorized to take and use for all purposes of a railway, and for no other purpose, a right of way one 51-2-7 Of another. Of another. Right of way. Stations. Provisos. hundred feet in width through said Indian Territory for said additional lines, and to take and use a strip of land two hundred feet in width, with a length of three thousand feet, in addition to the right of way, for stations, for every ten miles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road-bed, not exceeding one hundred feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition of land shall be taken for any one station: Provided further, That no part of the lands herein be authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used such portion shall revert to the nation or tribe of Indians from which the same shall have been taken. Lands not to leased or sold by company. Reversion. Damages. Appraisement. erees. Oath. failure to appoint. Hearings. SEC. 3. That before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant such compensation shall be determined by the appraisement of three disinterested referees, to be appointed Appointment of ref- one (who shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointment, shall take and subscribe, before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. Substitution upon And upon the failure of either party to make such appointment within thirty days after the appointment made by the President the vacancy shall be filled by the district judge of the court held at Fort Smith, Arkansas, upon the application of the other party. The chairman of said board shall appoint the time and place for all hearings within the nation to which such occupant belongs. Each of Compensation of ref- said referees shall receive for his services the sum of four dollars per day for each day they are engaged in the trial of ary case submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said Costs, etc., a part of nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railroad company. In case the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the findings of the referees 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 district court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subject-matter of said petition according to the laws of the said State provided for determining the damage when property is taken for railroad purposes. If upon the hearing of said appeal the judgment of the court shall be for a larger sum than the award of the referees the cost of said appeal shall be adjudged against the railway company. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the judgment of the court shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party erees. Witnesses' fees. award. Appeal to district court at Fort Smith, Ark. Costs. double award con claiming damages. When proceedings have been commenced in Upon deposit of court the railway company shall pay double the amount of the award struction may prointo court to abide the judgment thereof, and then have the right to ceed. enter upon the property sought to be condemned and proceed with the construction of the railroad. Provisos. Passenger rates. charges. SEC. 4. That said railroad company shall not charge the inhabit- Freight rates. ants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Arkansas for services or transportation of the same kind: Provided, That passenger rates on said railway shall not exceed three cents per mile. Congress hereby reserves the right to regulate the charges for freight and passengers on said Regulation railway and messages on said telegraph and telephone lines until a State government or governments shall exist in said Territory within the limits of which said railway, or a part thereof, shall be located; and then such State government or governments shall be authorized to fix and regulate the cost of transportation of persons and freights within their respective limits by said railway; but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by said railway or said company whenever such transportation shall extend from one State into another, ⚫ or shall extend into more than one State: Provided, however, That the rate of such transportation of passengers, local or interstate, shall not exceed the rate above expressed: And provided further, That said railway company shall carry the mail at such prices as Congress may by law provide; and until such rate is fixed by law the Postmaster-General may fix the rate of compensation and also shall carry the property and troops of the United States at such rates as Congress may provide. Limitation. Mail rate, etc. of Additional compen Provisos General council may appeal to Secretary of Interior as to allow Post, p. 786. Ante, p. 784. SEC. 5. That said railway company shall pay to the Secretary of the Interior, for the benefit of the particular nations or tribes through sation to tribes. whose lands said lines may be located, the sum of fifty dollars, in addition to compensation provided for in this act for property taken and damages done to individual occupants by the construction of the railway, for each mile of railway that it may construct in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded: Provided, That if the general council of either of the nations or tribes through whose lands said railway may be located shall, within four months after the filing of maps of definite location as set forth in section six of this act, dis- ance sent from the allowance hereinbefore provided for, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, That the amount awarded or adjudged to be paid by said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive. under the foregoing provision. Said company shall also pay, so long Annual rental. as said Territory is owned and occupied by the Indians, to the Secretary of the Interior the sum of fifteen dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior under the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force among the different nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall Award to be in lieu of compensation. have the right, so long as said lands are occupied and possessed by Right of taxation said nations and tribes, to impose such additional taxes upon said reserved. railroad as it may deem just and proper for their benefit; and any Territory or State hereafter formed through which said railway shall |