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service, with single or double track, for railway traffic, and Railway, and
wagon bridge. shall be constructed under the conditions and limitations hereinafter specified.
SEC. 2. That said bridge shall not interfere with the free Froe naviga. navigation of said river beyond what may be necessary to carry into effect the rights and privileges herein granted, and in case of any litigation arising under the provisions Litigation of this Act such litigation may be tried and determined by the circuit court of the United States within whose jurisdiction said bridge is located.
SEC. 3. That the bridge hereby authorized to be con- High bridge. structed must be constructed as a high bridge, with unbroken and continuous spans; all spans over the waterway to have a clear channel way of not less than four hun. dred feet and a clear headroom of not less than fifty-five feet above high-water mark. SEC. 4. That any bridge constructed under this Act shall Lawful struct.
and post be a lawful structure, and shall be known as a post road, ronte. over which no higher charge shall be made for the transmission of mails, troops, and munitions of war of the Government of the United States or for passenger or freight passing over the same than the rate per mile charged for their transportation over the railroad or public highways leading to the said bridge, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies. The United States shall also have the right of way over said bridge for postal-telegraph purposes. graph.
SEC. 5. That all railway companies desiring to use said Use by other bridge shall be entitled to equal rights and privileges in
companies. using the same, including the machinery and fixtures thereto belonging, and also the approaches thereto, upon such terms and conditions as shall be prescribed by the Terms. Secretary of War upon hearing the allegations and proofs of the parties in interest, in case they shall not be able to agree upon such terms and conditions.
SEC. 6. That the said railway company, before entering Secretary of upon the construction of said bridge, shall submit to the War to approve
, Secretary of War plans and drawings of said structure, together with a map of the location thereof for one milé above and one mile below said location, giving the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current of said river at all stages of the water, showing also the bed of the river and the channel, with such other and further information as the Secretary of War may require; which said drawings and information aforesaid shall be examined by him, and if he shall approve the same he shall so notify the said railway company of such approval, and thereupon said company may proceed to the erection of said bridge. The Secretary of War may direct such alterations in such plans as he may deem necessary to the better protection of navigation, and such alterations shall be adopted by the said railway company. The said railway company may at any time make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, and
Aids to navi. gation.
his approval shall be first had before they shall be authorized or made.
SEC. 7. That the said bridge herein authorized to be constructed shall be so kept and managed, at all times, as to afford proper ways and means for the passage of vessels, barges, or rafts under it, both by day and night. There
shall be displayed on said bridge, from sunset to sunrise, Lights, etc. such lights and signals as may be directed by the Light
House Board, and such changes may be made, from time to time, in the structure of said bridge as the Secretary of War may direct, at the expense of said railway, in order the more eftectually to preserve the free navigation of said river, or the said structure shall be altogether removed, if, in the judgment of the Secretary of War, the public good may require such removal, and without expense or charge
to the United States. Commence SEC. 8. That this Act shall be null and void if actual conment and com-struction of the bridge herein authorized be not commenced
within one year and completed within three years from the
date of the approval of this Act. Amendment, SEC. 9. That the right to alter, amend, or repeal this Act
is hereby specially reserved.
Approved, August 27, 1894.
December 19, [No. 6.) Joint Resolution To authorize the Secretary of War to grant 1893.
permits for the use of the Monument grounds and reservations or public spaces in the City of Washington, and for other purposes.
Resolved by the Senate and House of Representatives of Knights of the United States of America in Congress assembled, That Pythias encamp
the Secretary of War is hereby anthorized to grant perPermit to use mits to the Executive Committee, Knights of Pythias, for grounds and res. the use of the Monument grounds for temporary camp pur. in August, 1894.' poses, and the reservations or public spaces along the line
of Pennsylvania Avenue for the erection of stands with seats thereon on the occasion of the Pythian Conclave and Encampment to be held in the City of Washington in August, eighteen hundred and ninety-four, if, in his opinion, such use will inflict no serious or permanent injury upon such grounds, reservations or public spaces; and the District Commissioners are hereby authorized to designate such streets, avenues and sidewalks in the District as they may deem necessary and proper for the purposes of the occasion.
Approved, December 19, 1893.
[No. 23.) Joint Resolution Directing the Secretary of War to cause May 4, 1894. an examination to be made to determine if there is probability and danger of the Mississippi River cutting through the space dividing such river from the Saint Francis River in the vicinity of Walnut Bend, Arkansas.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Mississippi Secretary of War be, and he is hereby, authorized and Examination directed to cause an examination to be made to determine near Walnut if there is probability and danger of the Mississippi River danger to st. cutting through the space dividing such river from the Francis River. Saint Francis River in the vicinity of Walnut Bend, Arkansas, some twenty miles above the mouth of the Saint Francis River, and if such danger exists, to cause to be made a survey and estimate of the amount necessary to prevent damage to the navigation of the Saint Francis River.
Approved, May 4, 1894.
[No. 33. ] Joint Resolution Directing the Secretary of War to appoint June 29, 1894. a commission of engineers to examine and report upon the cost of deepening the harbors of Superior and Duluth and their entrances to a uniform depth of twenty feet.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Harbors of DuSecretary of War be, and he is hereby, directed to appoint luth and Supe. a commission, to consist of three engineers, to examine the Commission to harbors of Superior and Duluth and the entrances thereto, deepening en with a view of ascertaining the cost of deepening said har- trance. bors and entrances to a uniform depth of twenty feet, and to report their conclusions to the Secretary of War without delay, to be by him transmitted to Congress.
Approved, June 29, 1894.
CHAP. 115.-An Act To provide for the adjustment and payment of
June 23, 1894. the claim of Thomas Rhys Smith for work done and materials furnished for the breakwater at Bar Harbor, Maine.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Thomas Rhys the Secretary of War be, and he is hereby, authorized and directed to examine and adjust the claim of Thomas Rhys Claim for work, Smith against the Government of the United States for etc., Bar Harbor
Me., to be ad work done and materials furnished for the breakwater at justed. Bar Harbor, Maine, under a contract between said Thomas Rhys Smith and the United States, and determine what amount of work was done and materials furnished there. under, the amount paid on account thereof, and the balance remaining unpaid, which balance he shall certify to the proper accounting officers for payment in the manner prescribed by law; and for the payment of said claim the sum Payment.
of six thousand three hundred and ninety-one dollars and twelve cents, or so much thereof as may be necessary, is
hereby appropriated out of any money in the Treasury not Proviso. otherwise appropriated: Provided, That before making
any payment the Secretary of War shall exact from said Indemnity Thomas Rhys Smith a bond in the penal sum of ten thou. bond.
sand dollars, with sufficient sureties, to be approved by him, conditioned to indemnify the United States against any lawful claim of any other party or parties.
Approved, June 23, 1894.
August 8, 1894. CHAP. 240.-An Act To provide for the adjustment and payment
of the claim of the American Transportation Company for dredging done at Fairport Harbor, in the State of Ohio.
Be it enacted by the Senate and House of Representatires American of the United States of America in Congress assembled, That Transportation Company. the Secretary of War be, and he is hereby, authorized and
Payment of claim for dredg.
directed to examine and adjust the claim of the American ing Fairport Transportation Company against the Government of the Harbor, Obio.
United States for dredging done at Fairport Harbor, in the State of Ohio, undera contract between said American Transportation Company and the United States, and determine what amount of dredging was done thereunder, the amount paid on account thereof, and the balance remaining unpaid, which balance he shall certify to the proper accounting officers for payment in the manner prescribed by law; and for the payment of said claim the sum of five thousand four hundred and thirty-four dollars and eighteen cents, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated.
Approved, August 8, 1894.
August 17, 1894.
CHAP. 298.-An Act To authorize the appointment of James William Abert to the retired list of the Army.
Be it enacted by the Senate and House of Representatives of James William the United States of America in Congress assembled, That the
President be, and he is hereby, authorized, by and with May be appoint: the advice and consent of the Senate, to appoint James ed major, Army
William Abert to the Army of the United States, and to place said Abert on the retired list thereof with the rank of major of engineers.
Received by the President, August 6, 1894.,
(NOTE BY THE DEPARTMENT OF STATE.—The foregoing act having been presented to the President of the United States for his approval,and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]
CHAP. 324.-An Act For the relief of B. D. Greene.
August 23, 1894.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That B. B.Greene. the Secretary of the Treasury is directed to pay, out of bond sman of any money in the Treasury uot otherwise appropriated, to George E. Ward. B. D. Greene, bondsman of George E. Ward, who shall file the proper vouchers for money advanced or labor and materials furnished in and about the work of improvement on the Rappahannock River during the year eighteen hundred and eighty-nine, the sum of one thousand nine hundred and sixteen dollars and ninety-seven cents, being the amount due George E. Ward by the Government, which said sum shall be paid to the said B. D. Greene.
Approved, August 23, 1894.
CHAP. 354.-An Act Directing the issue of a duplicate of a lost August 27, 1894. check drawn by Captain W. H. Bixby, Engineers United States Army, at Newport, Rhode Island, in favor of Messrs. Hughes Brothers and Bangs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Hughes Broth Captain W. H. Bixby, Engineers United States Army, Duplicate check be, and is hereby, authorized and instructed to issue a to issue to. duplicate of an original check under such regulations in regard to its issue and payment as have been prescribed by the Secretary of the Treasury for the issue of duplicate checks under the provisions of section thirty-six hundred
R. S., sec. 3646, and forty-six, Revised Statutes of the United States. Said duplicate check to take the place of an original check issued by said W. H. Bixby on September twenty-fiftlı, eighteen hundred and ninety-three, upon the subtreasury at New York, in favor of Hughes Brothers and Bangs, for the sum of five thousand and eleven dollars and ninetythree cents, and numbered two hundred and fifty-nine thousand and one, being for services in August, eighteen hundred and ninety-three, under their contract with the United States for work at Point Judith, Rhode Island, which check is alleged to have been lost in its transmission through the United States mail,
Approved, August 27, 1894.