Tax on realty.
Proviso.

Tracks exempted.

Terms of subscrip

tion.

Delinquent stockholders.

same manner as is or may be provided by law for the sale of other property for taxes, and said per centum of its gross earnings shall be in lieu of any and all other assessments upon its personal property in the District of Columbia, used solely and exclusively in the operation and management of said railway; but its real estate in said District. shall be taxed as other real estate therein: Provided, That its tracks shall not be considered real estate for the purpose of taxation. SEC. 4. That the capital stock of said company shall be fifty thou- Capital stock. sand dollars, and may be increased to three hundred thousand dollars by order of a majority of the stockholders at a general meeting, in shares of one hundred dollars each. Said company shall require the subscribers to its capital stock to pay in cash to the treasurer, appointed by the corporators hereinbefore named, the amounts severally subscribed by them as follows, to wit: Ten per centum at the time of subscribing and the balance at such times and in such amounts as the board of directors of said company may require; and no subscription shall be deemed valid unless ten per centum thereof shall be paid at the time of subscription, as herein before provided; and if any stockholder shall refuse or neglect to pay any installment or installments as aforesaid, or as required by the resolution of the board of directors, said board may sell at public auction to the highest bidder so many shares of the stock of such defaulting stockholder as shall be necessary to pay said installments, under such general regulations as may be adopted by the by-laws of said company, and for the purposes of such sale the highest bidder shall be deemed and taken to be the person who shall offer to purchase the least number of shares for the assessments due; but no stock shall be sold at such sale for less than the total assessments due and payable at the time thereof; or said company may sue and collect from any delinquent subscriber, in any court of competent jurisdiction, the amount of the assessments at any time due and payable in accordance herewith, and bonds may be issued in amount not exceeding fifty per cent. of the stock subscribed and paid for: Provided, That the entire issue of stock and bonds shall not exceed the actual cost of constructing and equipping the road, including the bridge; and provided, also, that the total amount of bonds issued shall not exceed double the amount of the paid up stock; and every certificate of stock issued shall show the amount paid on same, to be secured by mortgage or deed of trust upon the property of the company.

SEC. 5. That said company shall place first-class cars on its said railway, with all modern improvements, for the convenience and comfort of passengers, and shall run cars thereon as often as the public convenience may require, and according to a schedule to be made from time to time by said company and approved by the Commissioners of the District of Columbia, but no steam cars, locomotives or passenger or other cars for steam railways shall ever be run on the tracks of said railway in the District of Columbia. Said company may buy land on which to construct passenger-rooms, ticketoffices, workshops, depots, and buildings as may be necessary, and as the business of said railway and the convenience of the public may require, at such points along its line as may be approved by the Commissioners of the District of Columbia, as to so much of its railway as lies within the said District, and the Secretary of War as to the remainder of said railway. No person shall be prohibited from riding on the cars of said company or ejected therefrom by the company's employees for any other cause than being drunk, disorderly, or contagiously diseased, or for the use of profane or indecent language, or for refusing to pay the legal fare exacted, or to comply with the lawful general regulations of said company.

SEC. 6. That within thirty days after the approval of this act the corporators above named, or a majority of them, or if any refuse or neglect to act, then a majority of the remainder, shall cause books

Provisos. Maximum stock and

bond issue.

Limit of bond issue.
Post, 1114.

Character of cars.

Time schedule.

Steam cars, etc., in District, prohibited.

Purchase of land for buildings.

Ejectment, etc., of passengers.

Opening of subscription books.

Provisos.
Payments.

of subscription to the capital stock of said company to be opened, and kept open, in some convenient and accessible place in the District of Columbia from nine o'clock in the forenoon until five o'clock in the afternoon for a period to be fixed by said corporators, not less than two days (unless the whole stock shall be sooner subscribed for), the said corporators shall give notice, by advertisement in two or more of the daily papers published in the city of Washington, District of Columbia, of the time, manner, and the place where said books shall be opened, and subscribers upon said books to the capital stock of said company shall be held to be stockholders therein: Provided, however, That every subscriber shall pay at the time of subscription ten per centum of the amount by him subscribed to the treasurer appointed by the corporators aforesaid, or his subscription shall be null and void: And provided further, That nothing shall be received in payment of the ten per centum aforesaid except lawful money of the United States or certified checks of any established national bank. And when the books of subscription to the capital stock of said company shall be closed the corporators aforesaid, or a majority of them, and in case any of them refuse or neglect to act, a majority of the remainder, shall, within twenty days thereafter, call First meeting of the first meeting of the stockholders of said company to meet ten days thereafter for the choice of directors, of which meeting notice shall be given by advertisement three times in two public newspapers published daily in the city of Washington aforesaid, and by written personal notice to be mailed to the address of each stockholder by the treasurer aforesaid; and in any meeting of stockholders each share shall entitle the holder to one vote, which may be given either in person or by proxy.

stockholders.

Voting.

Board of Directors.

Officers.

Filling vacancies.

By-laws, etc.

Principal office.

SEC. 7. That the government and direction of the affairs of said company shall be vested in a board of directors, not less than five nor more than nine in number, who shall be stockholders of record and who shall hold office for one year, and until their successors are duly elected and qualified, and the said directors (a majority of whom shall be a quorum) shall elect one of their number to be president of said company, and shall also elect a vice-president, secretary, and treasurer, the last named of whom shall give a bond, with surety, to said company in such sum as said directors may require, for the faithful discharge of his trust. In case of vacancy in the board of directors by death, resignation, or otherwise of any director, the vacancy occasioned thereby shall be filled by the remaining directors, or in such other manner as the by-laws of said company may prescribe. The directors of said company shall have power to make, prescribe, amend, and alter such by-laws, rules, and regulations as they shall deem needful and proper touching the management of said company, and the disposition and management of its stock, property, estate, and effects.

SEC. 8. That the principal office of said company shall always be situated in the District of Columbia, and the books and papers relating to the business of said company shall be kept thereat, open at all times to the inspection of the stockholders. The meetings of the stockholders, and directors of said company shall be held at said Annual meeting,etc. office, and there shall be an annual meeting of the stockholders for choice of directors to be held at such time, under such conditions, and upon such notice as the said company shall by its by-laws prescribe, and said directors shall hold such meetings as may by said by-laws be prescribed, and shall annually make a report, in writing, Annual report to of their doings to the stockholders and to the Commissioners of the District of Columbia. The book in which transfers of stock shall be recorded shall be closed for the purpose of such transfer thirty days before the annual election as respects said election, and for the purpose of paying dividends at such lawful and reasonable times

stockholders and Commissioners.

before the payment thereof as the by-laws of said company may prescribe.

Commencement and

SEC. 9. That said company shall commence the construction of its said railway within twelve months from the approval of this act, completion of railway. and said railway shall be built its entire distance, with switches and turn-outs, and with cars running thereon for the accommodation of passengers within three years from the date of such approval; otherwise this act shall be null and void.

SEC. 10. That the tracks of said company on the bridge and the Use by other comapproaches to said bridge may be freely used for the passage of cars racks, etc. panies of bridge with motive power of the kind described by this act belonging to any individual or corporation legally authorized thereto, upon mak

ing just compensation for such use, and in case any dispute shall Terms.
arise concerning such compensation or manner of use any party in
interest may apply to the Supreme Court of the District of Colum-
bia, which court is hereby empowered to fix the amount to be paid
for such use and the mode in which such use may be enjoyed.

Construction material, etc.

etc.

SEC. 11. That if the corporation cannot agree with the owner for the purchase, use, or occupation of land, gravel, earth, timber, or other material required for the construction, enlargement, or repair Acquisition of land, of any of its works, or if the owner be a married woman, infant, non compos mentis, or out of the District, the said corporation may apply to the supreme court of the District of Columbia, at any general or special term thereof, and said court after reasonable public notice and hearing shall proceed with the condemnation of such land or property for the use aforesaid.

Condemnation pro

SEC. 12. That for the purpose of ascertaining the value of any land or property so condemned the said court may direct the marshal ceedings. and the marshal shall accordingly summon eighteen disinterested Jury. men, not related to either party; and if any of them refuse to attend he may then summon or call others immediately to make up the number of eighteen. Each party shall have the right, in person or by attorney or agent, if present at the time, to strike off three, and the marshal shall strike off such as shall not be so stricken off by the parties, until the number shall be reduced to twelve, who shall be a jury.

SEC. 13. That the marshal shall then administer an oath or affirmation to every person of the jury that he will impartially and to the best of his skill and judgment value the land or other property required by the corporation, and also, if the same be land required for the construction of the said railroad or work, the damage which the owner will sustain, if any, by the taking of the land for such use. The jury shall accordingly inquire of such value and damage, and make report thereof in writing, to be signed by them all, and setting forth in case of land the boundaries of the land and the estate, interest, or use to be taken by the corporation. Such inquisition and report shall be returned by the marshal to the clerk of the circuit court of the District of Columbia.

Oath, etc.

Inquisition and re

port.

Return.

recorded.

May be set aside and new inquisition ordered.

SEC. 14. That such inquisition and report shall be confirmed by Confirmation to be such court unless good cause be shown to the contrary, and when confirmed shall be recorded by the clerk of said court; but for cause the court may set it aside and order another inquisition, or more than one from time to time, to be conducted in like manner as the first and with like effect, until an inquisition and report shall be confirmed by the court. Upon such confirmation of the first or any subsequent inquisition and report and upon payment or tender of the amount fixed in the inquisition to be paid by the corporation, either Payment, etc. to the owner or in court, as the court shall order, the said corporation shall be entitled to the property according to the nature of such condemnation and appropriation for the uses mentioned in this act. SEC. 15. That said railway shall be constructed in such a manner as not to injure or endanger any of the pipes, fixtures, or apparatus

Protection, etc., of water pipes, etc.

of the water works supplying the District of Columbia, or any part thereof, and the operations of said company shall always be subject to the control and direction, in this respect, of the Secretary of War, and subject to the right of the Secretary of War, or other lawful public authority, to interrupt the construction or use of said railway whenever necessary for the protection or repair of such water works, or in respect of any increase thereof or additions thereto. If in the course of construction of said railway, or at any time thereafter, it shall be deemed by the Secretary of War necessary for the better protection of such water pipes, fixtures, or apparatus, or for other water pipes, fixtures or apparatus that may be laid or applied, to raise or otherwise fix or adjust any avenue, street, road, alley or public place containing or to contain such pipes, or to otherwise adjust the same so as to produce absolute security for all such pipes and apparatus existing or to be laid or arranged at any point or points on or contiguous to the line of said railway, such changes in grade and otherWise, or works, as shall be deemed necessary by the Secretary of War shall be made, done and performed by and at the expense of said railway company, and its successors and assigns, to the satisfaction of the Secretary of War; and the remainder of width of any avenue, street, alley, road, or other public place, at all such points or places, shall be raised, adjusted, repaved and put in condition, safe for all such pipes and apparatus, and in a manner satisfactory to the Secretary of War, and in conformity to any order of the Secretary of War in the matter, and at the expense of said company, and its successors Other changes not and assigns. Any structure, work in or change in the condition of any such avenue, street, road, alley or public place, not made in conformity with the provisions in this act contained, shall be unlawful. SEC. 16. That Congress hereby reserves to itself the right at any and all times to alter, amend, or repeal this act.

Necessary changes to be made by order of Secretary of War, at

in street grades, etc.,

expense of company, etc.

lawful.

Amendment, etc.

Approved, February 28, 1891.

February 28, 1891.

severalty to Indians on

Indian etc.

ed.

CHAP. 383.-An act to amend and further extend the benefits of the act approved February eighth, eighteen hundred and eighty-seven, entitled "An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States over the Indians, and for other purposes.'

Be it enacted by the Senate and House of Representatives of the Allotment of land in United States of America in Congress assembled, That section_one reservations, of the act entitled "An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over Vol.24, p.388, amend the Indians, and for other purposes," approved February eighth, eighteen hundred and eighty-seven, be, and the same is hereby, amended so as to read as follows:

SEC. 1. That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an Act of Congress or Executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation, or any part thereof, of such Indians is advantageous for agricultural or grazing purposes, to To each located In- cause said reservation, or any part thereof, to be surveyed, or resurveyed, if necessary, and to allot to each Indian located thereon oneeighth of a section of land: Provided, That in case there is not sufAllotment pro rata, ficient land in any of said reservations to allot lands to each individlandinsentas ual in quantity as above provided the land in such reservation or reservations shall be allotted to each individual pro rata, as near as or act, not reduced. may be, according to legal subdivisions: Provided further, That

dian one-eighth of a

section. Provisos.

per subdivisions.

Allotment by treaty

To other Indians.

Under existing agreements or laws.

where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty to certain classes in quantity in excess of that herein provided the President, in making allotments upon such reservation, shall allot the land to each individual Indian of said classes belonging thereon in quantity as specified in such treaty or act, and to other Indians belonging thereon in quantity as herein provided: Provided further, That where existing agreements or laws provide for allotments in accordance with the provisions of said act of February eighth, eighteen hundred and eighty-seven, or in quantities substantially as therein provided, allotments may be made in quantity as specified in this act, with the consent of the Indians, expressed in such manner as the President, in his discretion, may require: And provided further, That when the of lands fit for grazing lands allotted, or any legal subdivision thereof, are only valuable for only. grazing purposes, such lands shall be allotted in double quantities."

Vol. 24, p. 388

Double allotments

in certain cases to be

No existing ap proved allotment to be

reduced.

of Interior, of exist

SEC. 2. That where allotments have been made in whole or in part, Existing allotments upon any reservation under the provisions of said act of February augmented. eighth, eighteen hundred and eighty-seven, and the quantity of land in such reservation is sufficient to give each member of the tribe eighty acres, such allotments shall be revised and equalized under the provisions of this act: Provided, That no allotment heretofore approved by the Secretary of the Interior shall be reduced in quantity. SEC. 3. That whenever it shall be made to appear to the Secretary Leases, by Secretary of the Interior that, by reason of age or other disability, any allottee ing allotments where under the provisions of said act, or any other act or treaty can not alottee disabled from personally and with benefit to himself occupy or improve his allot- occupancy, etc. ment or any part thereof the same may be leased upon such terms, regulations and conditions as shall be prescribed by such Secretary, for a term not exceeding three years for farming or grazing, or ten years for mining purposes: Provided, That where lands are occupied Proviso. by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the Council speaking for such Indians, for a period not to purchasers. exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior.

Terms, etc.

Leases, by Indian occupied by Indian

agent, of certain lands

Terms, etc.

Certain Indians may make selection of pub

lic lands.

Patents to issue.

SEC. 4. That where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children, in quantities and manner as provided in the foregoing section of this amending act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions provided in the act to which this is an amendment. And the fees to which the officers of such local land office would have been entitled had the Treasury. such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

SEC. 5. That for the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of the fifth section of said act, whenever any male and female Indian shall have co-habited together as husband and wife according to the custom and

Vol. 24, p. 389.

Fees to be paid from

Determination of descent, etc.

Vol. 24, p. 359.