No. 15.-Extract from book of publication notices in the office of the register of the United States land office, Santa Fé, N. Mex.-Continued. I certify that the foregoing is a correct extract from the book of publication notices in the office of the register of the United States land office at Santa Fé, N. Mex., as made by me. Witness my hand and seal of office at Santa Fé, N. Mex., this 10th day of December, A. D. 1884. [SEAL.] JAMES T. NEWHALL, Notary Public. Evidence of official character as notary on file in offices of the Quartermaster-General, the Commissary-General of Subsistence, the Commissioner of Pensions, and Third Auditor of the Treasury Department. Whole number: 168. Mora, 20-168. Register and receiver, 49; Springer, 90; Raton, 2; Dorsey, 7; EXHIBIT 408. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, SIR: On the 9th instant the chief clerk of the Department referred to this office my report to you dated November 23, 1831, concerning the con luct of the local office at Santa Fé, N. Mex., with all the accompanying papers therein described. You also referred to this office, without date, papers in the case received by you from Mr. Frost, register at Santa Fé, since my report to you as above. They were received at this office the 13th instant. These papers were referred that they might be copied, being a portion of the papers called for by Senate resolution passed the 4th instant, referred by you to me the 6th instant. Having been copied, all the pipers above indicated are herewith returned. Very respectfully, Hon. H. M. TELLER, Commissioner. Secretary of the Interior. SESSION. No. 1. LETTER FROM THE SECRETARY OF WAR, TRANSMITTING, In response to Senate resolution of February 25, 1885, a report of the Chief of Engineers relative to the obstruction to navigation of the river at Rob Roy, Ark. MARCH 24, 1885.-Referred to the Committee on Commerce and ordered to be printed. WAR DEPARTMENT, Washington City, March 23, 1885. The Secretary of War has the honor to transmit to the United States Senate a report of the Chief of Engineers, dated the 20th instant, relative to the prevention of obstruction to navigation through the draw of the railroad bridge across the Arkansas River at Rob Roy, Arkansas, the same being in response to Senate resolution of February 25, 1885, as follows: Resolved, That the Secretary of War be directed to transmit to the Senate, at his earliest convenience, information of what is advisable and necessary to prevent the obstruction of navigation through the draw of the railroad bridge at Rob Roy, in the Arkansas River, Arkansas; to remove the sand-bars, and to prevent the future formation of sand-bars in said river between the Rob Roy railroad bridge and Bell's Ferry, and to insure stability to the Government works in said reach of river and to the channel section of that river. WM. C. ENDICOTT, Secretary of War. The PRESIDENT OF THE UNITED STATES SENATE. OFFICE OF THE CHIEF OF ENGINEERS, SIR: In reply to the reference to this office of Senate resolution of February 25, 1885 That the Secretary of War be directed to transmit to the Senate, at his earliest convenience, information of what is advisable and necessary to prevent the obstruction of navigation through the draw of the railroad bridge at Rob Roy, in the Arkansas River, Arkansas; to remove the sand-bars, and to prevent the future formation of sandbars in said river between the Rob Roy railroad bridge and Bell's Ferry, and to insure stability to the Government works in said reach of river and to the channel section of that river I have the honor to state that Capt. H. S. Taber, Corps of Engineers in charge of the improvement of Arkansas River, to whom this resolu tion was referred for information, reports that a recent change had taken place in the direction of the current of the river in the vicinity of the bridge at Rob Roy, in such manner that it is no longer deflected from the draw toward the shore, and that the abrasion of the bank of the river at the north abutment of the bridge had ceased. At the time of his inspection the direction of the channel was toward the middle of the bridge. There has not been time to determine whether or not this change has been caused by the dikes recently built above Pine Bluff, which have, so far, successfully diverted the current from the water front of the town, but it is proposed to carefully watch the changes that may occur in the direction of the currents between Bell's Ferry and the Rob Roy bridge, and to apply such sums as may be available for the purpose from the appropriations for the improvement of this part of Arkansas River, to the construction, if it should be found expedient, of additional works for controlling the direction of the channels of this reach of the river. The resolution of the Senate of February 25, 1885, is herewith returned. Very respectfully, your obedient servant, JOHN NEWTON, Chief of Engineers, Brig. and Bvt. Maj. Gen. Special Session. No. 2. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING, In answer to Senate resolution of March 20, 1885, copies of contracts of the Union Pacific Railroad Company with the Western Union Telegraph Company. APRIL 1, 1885.-Referred to the Committee on Railroads and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, March 28, 1885. SIR: In answer to the Senate resolution of March 20, 1885, directing me"(in addition to the information furnished for the Senate on the 3d of March instant) to furnish the Senate with copies of the contract entered into between the Union Pacific Railroad Company and other railroad companies affected by the act approved July 1, 1862, and the Western Union Telegraph Company, together with all statements now on file in his Department touching the same," I have the honor to inclose herewith copy of the report of the Commissioner of Railroads on the subject, under date of the 27th instant. Very respectfully, The PRESIDENT OF THE SENATE. H. L. MULDROW, Acting Secretary. DEPARTMENT OF THE INTERIOR, Washington, March 27, 1885. SIR: I have the honor to acknowledge the receipt, by reference from you on the 23d instant, of the following resolution of the Senate, passed March 20, 1885: Resolved, That the Secretary of the Interior be directed (in addition to the information furnished for the Senate on the 3d of March, instant) to furnish the Senate with copies of the contract entered into between the Union Pacific Railroad Company and other railroad companies affected by the act approved July 1, 1862, and the Westeru Union Telegraph Company, together with all statements now on file in his Department touching the same. In compliance with the resolution I herewith juclose you, in addition to the information furnished in my letter of March 2, transmitted to the Senate by the late Secretary of the Interior on March 3, instant, copies of all the contracts on file in this office now in force between the Western Union Telegraph Company and the railroad companies affected by the act approved July 1, 1862, together with all statements now on file in this office touching the same. Having in my letter of the 2d instant suggested that the facts presented "a question clearly within judicial adjudication," adding that "whether the question thus presented is one for legislative action must rest exclusively in the discretion of Congress," I deem it proper, in addition to my suggestions in that letter, to call attention to the act of March 3, 1873, Revised Statutes, section 5262, which provides: The proper circuit court of the United States shall have jurisdiction to hear and determine all cases of mandamus to compel said Union Pacific Railroad Company to operate its road as required by law. In Union Pacific Railroad Company vs. Hall et al., 91 U. S., 343, the Supreme Court passed upon this act, and held that Private persons may, without the intervention of the Government law officer, move for a mandamus to enforce a public duty not due to the Government as such. I have also sent, as a matter of convenience, copy of the opinion of Justice Miller (copy of which is filed in this office) in the case of Western Union Telegraph Company vs. The Union Pacific Railway Company et al., 1 McCrary, 581, in connection with the bill and answer, the preliminary injunction, and injunction as modified by Justice Miller, all which were referred to and deemed to be important by both parties in the hearing before me on February 27 last. The documents herewith transmitted are: 1. Agreement between the Sioux City and Pacific Railroad Company and the Western Union Telegraph Company, dated April 1, 1871. 2. Agreement between the Central Pacific Railroad Company and the Western Union Telegraph Company, dated December 14, 1877. 3. Agreement between the Union Pacific Railway Company and the Western Union Telegraph Company, dated July 1, 1881. 4. Letter from American Union Telegraph Company to the Union Pacific Railway Company, relative to exchanging business, dated February 17, 1880. 5. Opinion of Sidney Bartlett and John F. Dillon, counsel for the Union Pacific Railway Company, as to the duties of the Union Pacific Railway Company to the American Union Telegraph Company, dated February 22, 1880. 6. Letter of the Hon. John M. Brodhead, Second Comptroller, in the matter of the account of the Atlantic and Pacific Telegraph Company. claiming to be the owners of the telegraph line built along the line of the Union Pacific Railroad, dated January 15, 1872. 7. Bill in equity, circuit court of the United States, of the district of Nebraska: Western Union Telegraph Company vs. Union Pacific Railway Company, filed March 1, 1880. 8. Preliminary injunction in above case, granted March 1, 1880. 9. Answer of the Union Pacific Railway Company to the above bill March 19, 1880. 10. Opinion of Mr. Justice Miller in the above case on motion to dissolve the injunction. 11. Decree of Mr. Justice Miller modifying and continuing the injunc tion, dated October 1, 1880. 19. Letter of Commissioner Armstrong to Hon. C. P. Huntington, vice-president of the Central Pacific Railroad Company, dated February 24, 1885. |