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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, and notify the company of the same, the bridge shall not be built; 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 any wise inconsistent with the provisions or conditions of this act.
To be lawful
SEC. 5. That any bridge and accessory works, when built and con structed under this act and according to the terms and limitations structure and postthereof, shall be a lawful structure; and said bridge shall be recognized and known as a post-route, upon which also no greater 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 appropriate legislation 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.
SEC. 6. That all railroad companies desiring the use of said bridge Other companies shall have and be entitled to equal rights and privileges relative to the to have right of passage of railroad trains or cars over the same, and over the approaches thereto, upon 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 to terms to be deupon the sum or sums to be paid, and upon rules and conditions to cided by Secretary which each shall conform in using said bridge, all matters at issue be- of War. tween them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.
Company to pro
SEC. 7. That it shall be the duty of the Secretary of War to require the company or persons owning said bridge to cause such aids to the vide aids to navipassage of said bridge authorized by the provisions of this act to be gation. constructed, placed, and maintained, at their own cost and expense, in the forms of booms, dikes, piers, or other suitable and proper structures for confining the flow of water to a permanent channel, and for the guiding of rafts, steam-boats, and other water craft safely through the draw and raft spans, as shall be specified in his order in that behalf; and on the failure of the company or persons aforesaid to make and estab lish such additional structures within a 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 refer the matter without delay to the Attorney-General of the United States, whose duty it shall be to institute, in the name of the United States proceedings in any circuit eral to bring suit court of the United States for the circuit in which such bridge, or any part thereof, is located, for the recovery of the cost thereof; and all moneys accruing from such proceedings shall be covered into the Treasury of the United States.
in case of failure.
SEC. 8. That the right to alter, amend, or repeal this act is hereby Right to amend, expressly reserved; and the right to require any changes in said struct- etc., reserved. ure at the expense of the owners thereof, whenever Congress shall decide that the public interests require it, is also expressly reserved.
Approved, January 3, 1887.
Jan. 3, 1887. Preamble.
CHAP. 16.-For the relief of Myron E. Dunlap.
Whereas, Myron E. Dunlap, late first lieutenant of Company E. Four-
Be it enacted by the Senate and House of Representatives of the United Myron E. Dun- States of America in Congress assembled, That the said First Lieutenant Iap. Myron E. Dunlap, late of Company E. Fourteenth Regiment New York Granted honorable discharge. Heavy Artillery, be, and he is hereby, honorably discharged from the military service of the United States, as if he had been regularly mus tered out of the military service of the United States on the twentythird day of July, eighteen hundred and sixty-four; and the Secretary of War is hereby directed to enter upon the proper records of the War Department the corrections made by this act of the military record of said officer: Provided, That this act shall never be construed so as to Not to grant pay, grant any pay or allowance to the beneficiary under the same. Approved, January 3, 1887.
Jan. 17, 1887.
John H. Kinkead, Samuel Sussman, and Charles O. Wood.
CHAP. 21.—An act referring to the Court of Claims for adjudication the claims of John H. Kinkead, Samuel Sussman, and Charles O. Wood.
Whereas John H. Kinkead, of Nevada, and Samuel Sussman, of California, did, on the twenty-eighth day of October, eighteen hundred and sixty-eight, purchase a certain building situate on lot known as number one on the official plat of the town of Sitka, in the Territory of Alaska, from the Russian-American Company, the owner of said building; and
Whereas said building had been declared by the protocol of the transfer of Russian America to the United States to be private property; and Whereas thereafter the collector of customs of the United States did take from said Kinkead and Sussman a lease of a portion of said building, and entered thereupon; and
Whereas afterward General Jefferson C. Davis did seize the whole of said building, on the ground that the same was the property of the United States, notwithstanding the commissioners appointed to ascertain private property had certified the same to be private property; and Whereas afterward said Kinkead and Sussman did present their petition to the United States Court of Claims claiming rent for the said building; and
Whereas said court did, on the eleventh day of June, eighteen hundred and eighty-three, dismiss said claim, for want of jurisdiction only; and Whereas Charles Ó. Wood, of Ohio, did in like manner purchase a certain other building, situate on lot known as number twenty-four, from said Russian-American Company, and did in like manner present his petition to the Court of Claims for rent of the same, the same having been in like manner seized for the use of the United States, notwithstanding the same had been certified to be private property; and Whereas said Court of Claims did in like manner dismiss the claim of said Wood, for want of jurisdiction only: Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be, and is hereby, conferred on the Court of Claims to hear the claims of John H. Kinkead, and Samuel Sussman and Charles O. Wood, for the rent and re- value of certain buildings in the town of Sitka, in the Territory of ferred to Court of Alaska, alleged by them to have been acquired by virtue of purchase
from the Russian American Company, upon the evidence already filed in said court and such additional legal evidence as may be hereafter presented on either side; and if said court shall find that said parties acquired a valid title to said buildings respectively alleged to have been purchased by them, said court shall award to said parties a fair and
reasonable rent for the use of the said buildings for the time (if any) the same have been occupied by the United States, and also a suitable indemnity for said buildings themselves; and the receipt of such rent and indemnity shall thereafter bar any further claim by said parties for the use of said buildings or for the value thereof; and before receiving the same, all of said parties shall execute a release to the United States for all right, title and interest whatsover in and to the said property; and any defense, set-off, or counter claim may be pleaded by the United States as defendants, as in cases within the general jurisdiction of the court, and either party shall have the same right of appeal as in such cases. Approved, January 17, 1887.
CHAP. 22.—An act for the relief of the Greensburgh Limestone Company and others.
Jau. 17, 1887.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Greensburgh Lime Greensburgh stone Company, a corporation duly organized under the laws of the Limestone ComState of Indiana, William W. Lowe, Daniel W. Levett, and Oliver M. & Co., and John L. pany, W. W. Lowe Thompson, partners doing business under the firm-name of W. W. Scanlon. Lowe and Company, and John L. Scanlon, being the parties of the second part named in a certain contract in behalf of the United States made by Samuel Hannaford, such contract being one for the delivery of certain stone as therein described for the erection of a custom-house and post-office at Cincinnati, Ohio, and bearing date the twenty-first day of
August, eighteen hundred and seventy-four, or the survivors of such Authorized to
parties, are hereby authorized and empowered to bring in the Court of Claims a suit against the Government of the United States, upon the of Claims for albring suit in Court said contract, for the damages by them sustained, in regard to the leged damages. premises in said contract provided for, by reason of their being required, in the execution of such contract, by the superintendent and others in charge of the construction of the said building, to deliver stone, as is alleged, of sizes and character different from those called for in the said contract, or different from those which they were entitled to deliver thereunder. And the said court is hereby authorized and directed to take jurisdiction in said case, and to render a judgment therein for whatever sum, if anything, shall be shown by the evidence to have been the increased cost, damage, and expense to which the said claimants were subjected by reason of their being required, as aforesaid, to deliver stone different from that provided for in said contract, if the court shall hold that such requirement was not authorized thereby: Provided, That such recovery shall in no case be in excess of what shall appear from the said evidence to have been saved to the Government in avoiding loss or waste of stone, in the expense of cutting and fitting the said stone for the structure or structures for which they were designed, as provided in said contract, and in handling and setting such stone in said structure or structures; the claimants in no case to recover for anything that they shall not show to have been done by them not required by the contract, nor for anything that they shall not show to have been saved to the United States in the cost of the building by reason of the departure therefrom. And in the said action each party to the same shall be entitled to give in evidence all competent and relevant testimony already heretofore taken and filed in said court in a certain action, numbered eleven thousand nine hundred and seventytwo, heretofore prosecuted on said contract, and also all other competent and relevant testimony which either party may offer in the case. And each party to the said cause shall be entitled to take an appeal from the judgment of the Court of Claims to the Supreme Court of the United States, as in other cases.
Approved, January 17, 1887.
Proviso. Recovery not to exceed saving to Government.
Jan. 17, 1887.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasry is hereby authorized and directed to sell at public auction, in the town of Eastport, Maine, to the highest bidder, after thirty days' notice in all of the newspapers published in the town of Eastport, the land and premises known as the United States custom-house and post-office, on Washington and Water streets in said town of Eastport, Maine, the time and place of said sale in said town to be fixed by the Secretary of the Treasury at a date not later than sixty days after the passage of this act, with power to reject any or all bids, and to readvertise the said property in like manner as often as may be necessary to secure the value thereof, and the cost to be paid from the proceeds of sale of said. property.
Proceeds to be used for purchase
SEC. 2. That the Secretary of the Treasury shall invest the purchaseof new site and money of the said property received by him, so far as the same may go, erection of build- in the purchase or acquisition by condemnation of a site, and cause to be erected thereon a suitable and commodious fire-proof building, with fire-proof vaults, for the use and accommodation of the post-office, custom-house, and other Government offices, at the town of Eastport, in the State of Maine. The cost of said building, including site, approaches and heating apparatus, when completed upon plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed the sum of one hundred thousand dollars; and the site purchased shall leave the building unexposed to danger from fire by an open space of at least forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until the valid title to the said site shall be vested in the United States, nor until the State of Maine shall cede to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owners thereof, for all purposes except the administration of the criminal laws of said State and the service of any civil process therein.
SEC. 3. That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act.
Approved, January 17, 1887.
and post-office property to be sold.
CHAP. 23.-An act to authorize the Secretary of the Treasury to sell and convey the United States custom-house and post-office property at Eastport, in the State of Maine, lately destroyed by fire, the proceeds thereof to be invested in the purchase of a new site for and to provide for the erection of a new public building at that place.
Jan. 17, 1887. Preamble.
CHAP. 24.-An act for the relief of Albion S. Keith.
Whereas, Albion S. Keith, late a naval cadet in the United States Navy,
Be it enacted by the Senate and House of Representatives of the United Albion S. Keith. States of America in Congress assembled, That the President be, and he May be appointed is hereby, authorized, by and with the advice and consent of the Senate,
to appoint the said Albion S. Keith an ensign in the United States.
Approved, January 17, 1887.
CHAP. 25.—An act to amend the law relating to the bonds of executors in the District of Columbia.
Bond of execu-
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever hereafter a testator shall, by last will and testament, request that his executor tors. or executors be not required to give bond for the performance of his or their duty as such executor or executors, then and in such case the bond required of such executor or executors shall be in such penalty as the court may consider sufficient to secure the payment of the debts due by said testator; and said bond shall be conditioned accordingly, and shall be in no other or greater penalty: Provided, however, That the penalty of this bond shall not exceed double the value of the estate; and when less than this sum, may be increased, or an additional bond double value of be required, whenever it shall be made to appear to the court that the bond as given is insufficient to secure the payment of the debts of the testator: And provided further, That whenever any creditor or distribCourt may additional utee or legatee entitled to take under the said will shall make it quire appear bond, or remove to the court that any executor who has given such bond only as is herein executor in case of provided for is wasting the assets of the estate, or that the assets in the waste. hands of such executor are in danger of being lost, wasted, or misap- [R. S., D. C., p.. propriated, then and in such case the court shall have power to remove 114.] said executor or require him to give additional bond, with security in penalty sufficient to secure the interests of all the creditors and distributees or legatees entitled to take as aforesaid, and conditioned accordingly; and on his failure to give bond or bonds as aforesaid, as required by the court, within a time named by such court, his letters testamentary shall be revoked forth with.
CHAP. 26.-An act to grant the Maricopa and Phoenix Railway Company of Arizona the right of way through the Gila River Indian Reservation.
Jan. 17, 1887.
real estate may
SEC. 2. That any will hereafter executed devising real estate in the After-acquired District of Columbia from which it shall appear that it was the inten- be devised by will. tion of the testator to devise property acquired after the execution of the will, shall be deemed, taken and held to operate as a valid devise of all such property.
Approved, January 17, 1887.
SEC. 2. That a right of way one hundred feet in width through said Indian reservation is hereby granted to the said Maricopa and Phoenix Railway Company, and a strip of land two hundred feet in width, with a length of three thousand feet, in addition to said right of way, is granted for stations for every ten miles of road, no portion of which shall be sold or leased by the company, with the right to use such ad
Jan. 17, 1887.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Maricopa and Phoenix Maricopa and Railway Company, a corporation created under and by virtue of the Phoenix Railway laws of the Territory of Arizona, be, and the said corporation is hereby, ized to build railauthorized, invested, and empowered with the right to locate, construct, way, etc., line own, equip, operate, use, and maintain a railway and telegraph and through Gila River telephone line through the Indian reservation situated in the Territory Indian of Arizona known as the Gila River Reservation, occupied by the Pima and Maricopa Indians, beginning at a point on the southerly line of said reservation where the track of the Maricopa and Phoenix Railway (said track being from a point at or near the track of the Southern Pacific Railroad at or near Maricopa Station to the city of Phoenix via Tempe) would strike said line, running thence in a northeasterly direction by the most practicable route to the northerly line of said reservation, with the right to construct, use, and maintain such tracks, turnouts, and sidings as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted.
Right of way