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Code · STATUTES-AT-LARGE · Vol. 30 STAT. · May 18, 1898 · Chapter 152

Chapter 152. granting to railroads the right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, said Act being hereby made applicable to the right of way hereby *Proviso.* Timber.granted: *Provided,* That no timber shall be cut by said railroad company

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Chap. 152. vol. 18, p. 482, made applicable.said right of way being granted subject to the rules and restrictions and carrying all the rights and privileges of an Act entitled “An Act granting to railroads the right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, said Act being hereby made applicable to the right of way hereby *Proviso.* Timber.granted: *Provided,* That no timber shall be cut by said railroad company for any purpose outside of the rights of way herein granted.
Approved, May 18, 1898. Chapter 344: To abolish the distinction between offered and unoffered lands, and for other purposes. 30 Stat. 418 1898-05-18 Chapter 344 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 344.— An Act To abolish the distinction between offered and unoffered lands, and for other purposes.
May 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in cases arising from find Public lands. Distinction between offered and unoffered lands abolished.after the passage of this Act the distinction now obtaining in the statutes between offered and unoffered lands shall no longer be made in passing upon subsisting preemption claims, in disposing of the public lands Vol. 20, p. 89. Vol. 27, p. 348.under the homestead laws, and under the timber find stone law of June third, eighteen hundred and seventy-eight, as extended by the Act of August fourth, eighteen hundred and ninety-two, but in all such cases hereafter arising the land in question shall be treated as unoffered, without regard to whether it may have actually been at some time offered or not.
Missouri. Sale of lands offered or otherwise authorized. Sec. 2. That all public lands within the State of Missouri shall hereafter be subject to disposal at private sale in the manner now provided by law for the sale of lauds which have been publicly offered for sale, FIFTY-FIFTH CONGRESS. Sess. II. Chs. 344–347. 1898.419whether such lands have ever been offered at public sale or not: *Provided,* *Proviso.* Preference right of actual settlers.That the actual settlers shall have a preference right, under such rules and regulations as the Secretary of the Interior may prescribe.
Approved, May 18, 1898. Chapter 345: To provide assistance to the inhabitants of Cuba, and arms, munitions, and military stores to the people of the Island of Cuba, and for other purposes. 30 Stat. 419 1898-05-18 Chapter 345 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 345.— An Act To provide assistance to the inhabitants of Cuba, and arms, munitions, and military stores to the people of the Island of Cuba, and for other purposes.
May 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That while serving in Cuba Cuba. Furnishing of supplies to people.during the existing war, officers of the Army of the United States exercising separate commands may, by special order, cause subsistence, medical, and quartermaster’s supplies to be issued to, and other aid rendered to, inhabitants of the Island of Cuba who are destitute and in imminent danger of perishing unless they receive the same.
Sec. 2. That the President, and general officers commanding troops —of arms. etc.in Cuba, are hereby authorized to furnish to the Cuban people such arms, ammunition, equipments, and military stores and supplies as they may require in order to increase their effective fighting force in the existing war against Spain. Approved, May 18, 1898. Chapter 346: To provide for the increased volume of work in the Adjutant-General’s Department of the Army, due to the calling out of volunteers and the increase of the Regular Army. 30 Stat. 419 1898-05-18 Chapter 346 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 346.— An Act To provide for the increased volume of work in the Adjutant-General’s Department of the Army, due to the calling out of volunteers and the increase of the Regular Army. May 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President is authorized, Army. Appointment of additional assistant adjutants-general.by and with the advice and consent of the Senate, to appoint one assistant adjutant-general with the rank of colonel, and one assistant adjutant-general with the rank of major: *Provided,* That the vacancy *Proviso.* Vacancy in grade of colonel, how filled, etc.created in the grade of colonel by this Act shall be filled by the promotion of officers now in the Adjutant-General’s Department according to seniority, and that upon the mustering out of the volunteer forces and the reduction of the Regular Army to a peace basis no appointments shall be made in the Adjutant-General’s Department until the number of officers in each grade in that Department shall be Vol. 24. p. 434.
Vol. 28, p. 234.reduced to the number authorized by the law in force prior to the passage of this Act. Approved, May 18, 1898. Chapter 347: To amend the postal laws relating to use of postal cards. 30 Stat. 419 1898-05-19 Chapter 347 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 347.— An Act To amend the postal laws relating to use of postal cards.
May 19, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That from and after the first Postal service. Private mailing cards authorized. Vol. 20, p. 358.day of July, eighteen hundred and ninety-eight, it shall be lawful to transmit by mail, at the postage rate of a cent apiece, payable by stamps to be affixed by the sender, and under such regulations as the Postmaster-General may prescribe, written messages on private mailing cards, such cards to be sent openly in the mails, to be no larger than the size fixed by the convention of the Universal Postal Union, and to be approximately of the same form, quality, and weight as the stamped postal card now in general use in the United States.
Approved, May 19, 1898. Chapter 348: To establish an assay office at Seattle, Washington. 30 Stat. 420 1898-05-21 Chapter 348 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public 420 FIFTY-FIFTH CONGRESS. Sess. II. Chs. 348–350, 363. 1898. chap. 348.— An Act To establish an assay office at Seattle, Washington.
May 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Seattle, Wash. Assay alike established at. Vol. 17, p. 424. Treasury is hereby authorized and required to establish an assay office of the United States at Seattle, in the State of Washington; said assay office to be conducted under the provisions of the Act entitled “An Act revising and amending the laws relating to the mints and assay offices and the coinage of the United States,” approved February twelfth, —officers. etc.eighteen hundred and seventy-three; that the officers of the assay office shall be an assayer in charge, at a salary of two thousand five hundred dollars per annum, who shall also perform the duties of melter; chief clerk, at a salary of cue thousand five hundred dollars per annum.
And the Secretary of the Treasury is hereby authorized to rent a suitable building for the use of such assay office; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty thousand dollars for salary of assayer in charge, chief clerk, and wages of workmen, rent, and contingent expenses. Approved, May 21, 1898. Chapter 349: To provide an American register for the steamer Catania. 30 Stat. 420 1898-05-21 Chapter 349 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 349.— An Act To provide an American register for the steamer Catania. May 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamer Catania granted American register.Treasury is hereby authorized and directed to cause the foreign-built steamer Catania, owned by M. Stanley Tweedie, a citizen of the United States, to be registered as a vessel of the United States.
Approved, May 21, 1898. Chapter 350: To provide an American register for the steamship Centennial. 30 Stat. 420 1898-05-21 Chapter 350 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 350.— An Act To provide an American register for the steamship Centennial. May 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamer Centennial granted American register.Treasury is hereby authorized and directed to cause the foreign-built steamship Centennial, owned by Peter Larsen, a citizen of the United States, to be registered as a vessel of the United States.
Approved, May 21, 1898. Chapter 363: Providing for the payment and maintenance of volunteers during the interval between their enrollment and muster into the United States service, and for other purposes. 30 Stat. 420 1898-05-26 Chapter 363 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 363.— An Act Providing for the payment and maintenance of volunteers during the interval between their enrollment and muster into the United States service, and for other purposes.
May 26, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the pay and allowance Volunteer Army. Pay of volunteers between enrollment and muster. *Ante,* pp. 361, 404, 405. *Post,* p. 721.of such of the volunteers as are received into the service of the United States under the Act of Congress approved April twenty-second, eighteen hundred and ninety-eight, and the Acts supplemental thereto, shall be deemed to commence from the day on which they joined for duty and are enrolled at the battalion, regimental, or State rendezvous: *Proviso.* Troops for Philippine Islands.*Provided,* That troops about to embark for service in the Philippine Islands may, in the discretion of the Secretary of War, be paid one mouth’s wages in advance prior to embarkation.
Approved, May 26, 1898. Chapter 364: To provide an American register for the steamship Zealandia. 30 Stat. 421 1898-05-27 Chapter 364 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public FIFTY-FIFTH CONGRESS. Sess. II. Ch. 364, 366, 367. 1898. 421 chap. 364.— An Act To provide an American register for the steamship Zealandia.
May 27, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamship Zealandia granted American register.Treasury is hereby authorized and directed to cause the foreign-built steamship Zealandia, owned by the Oceanic Steamship Company of San Francisco. California, to be registered as a vessel of the United States. Approved, May 27, 1898. Chapter 366: Extending the time for the construction of a wagon and motor bridge across the Missouri River at Saint Charles, Missouri, as provided by an Act approved June third, eighteen hundred and ninety-six. 30 Stat. 421 1898-05-28 Chapter 366 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 366.— An Act Extending the time for the construction of a wagon and motor bridge across the Missouri River at Saint Charles, Missouri, as provided by an Act approved June third, eighteen hundred and ninety-six. May 28, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the time for commencing Bridge across the Missouri River at St. Charles, Mo. Time for construction of extended.
Vol. 29, p. 197.the construction of a wagon and motor bridge across the Missouri River at Saint Charles, Missouri, as fixed by an Act approved June third, eighteen hundred and ninety-six, be extended to one year from June third, eighteen hundred and ninety-eight, and that the time for completing said bridge as fixed by the Act aforesaid be extended to June third, nineteen hundred. Approved, May 28, 1898. Chapter 367: To amend sections ten and thirteen of an Act entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes,” approved April twenty second, eighteen hundred and ninety-eight. 30 Stat. 421 1898-05-28 Chapter 367 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 367.— An Act To amend sections ten and thirteen of an Act entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes,” approved April twenty second, eighteen hundred and ninety-eight. May 28, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section ten of an Act of Army in time of war. *Ante,* p. 362, amended.Congress entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes,” approved April twenty-second, eighteen hundred and ninety-eight, be, and the same is hereby, amended by adding at the end thereof the following, to wit: *And provided,* That officers of the Regular Regular Army officers, staff appointments of. —not to terminate Regular Army commission. —pay. —commissions of, in Volunteer Army.Army shall be eligible for such staff appointments, and shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of their staff rank: *Provided further,* That officers of the Regular Army receiving commissions in regiments of engineers, or any other commissions in the Volunteer Army, shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of such volunteer rank while serving as such.
Sec. 2. That section thirteen of said Act is amended so as to read as *Ante,* p. 363, amended.follows: That the governor of any State or Territory may, with the consent of —how appointed in Volunteer Army.the President, appoint officers of the Regular Army in the grades of field officers in organizations of the Volunteer Army, and the President may appoint officers of the Regular Army in the grade of field officers in organizations of the Volunteer Army raised in the District of Columbia and the Indian Territory, and in the regiments possessing special qualifications, provided for in section six of an Act of Congress approved April twenty-second, eighteen hundred and ninety-eight, and in section *Ante,* pp. 382,404.two of the Act of Congress approved May eleventh, eighteen hundred and ninety-eight; and officers thus appointed shall be entitled to retain —retention of Regular Army rank.their rank in the Regular Army: *Provided,* That not more than one officer of the Regular Army shall hold a commission in any one regiment *Provisos.* Limit for each volunteer regiment.
Pay.of the Volunteer Army at the same time: *And provided further,* That officers so appointed shall be entitled to receive only the pay and allowances of their rank in the volunteer organization. Approved, May 28, 1898. Chapter 368: Making appropriations to supply deficiencies in the appropriations for the payment of pensions, and for other objects, for the fiscal year eighteen hundred and ninety-eight, and for other purposes. 30 Stat. 422 1898-05-31 Chapter 368 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public 422 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 368. 1898. chap. 368.— An Act Making appropriations to supply deficiencies in the appropriations for the payment of pensions, and for other objects, for the fiscal year eighteen hundred and ninety-eight, and for other purposes. May 31, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the following sums be, Deficiencies appropriations.and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the payment of pensions, and for other objects, for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes, namely: pensions.
Invalid, etc., pensions. For army and navy pensions, as follows: For invalids, widows, minor children, dependent relatives, army nurses, and all other pensioners who are now borne on the rolls, or who may hereafter be placed thereon, under the provisions of any and all acts of Congress, eight million seventy thousand eight hundred and seventy-two dollars and *Provisos.* Navy pensions. Accounts.forty-six cents: *Provided,* That the appropriation aforesaid for navy pensions shall be paid from the income of the navy pension fund, so far as the same may be sufficient for that purpose: *Provided further,* That the amount paid to each of the several classes of pensioners shall be accounted for separately.
WAR DEPARTMENT. War Department. Temporary additional force. *Post,* p. 696. For the temporary employment of such additional force of clerks, messengers, laborers, and other assistants as in the judgment of the Secretary of War may be proper and necessary to the prompt, efficient, and accurate dispatch of official business in the War Department and its bureaus, to be allotted by the Secretary of War to such bureaus and offices as the exigencies of the existing situation may demand, fifty thousand dollars.
Printing and binding. For printing and binding for the War Department and its bureaus, to be executed under the direction of the Public Printer, seventy-five thousand dollars. No extra-duty pay. *Ante,* p. 390. That no money appropriated by the “Act making appropriations to supply deficiencies in the appropriations for support of the Army for the fiscal year eighteen hundred and ninety-eight, and for other purposes,” approved May fourth, eighteen hundred and ninety-eight, shall be paid as additional increased compensation to soldiers performing in time of war what is known as extra or special duty, such payment being *Ante,* p. 365.prohibited by the “Act for the better organization of the line of the Army of the United States,” approved April twenty-sixth, eighteen hundred and ninety-eight.
NAVY DEPARTMENT. Navy Department. Stenographer, Secretary’s office. For one stenographer in the office of the Secretary of the Navy, from the date of the approval of this Act and during the fiscal year eighteen hundred and ninety-nine, at the rate of one thousand eight hundred dollars per annum, one thousand nine hundred and ninety-seven dollars and seventy-five cents, or so much thereof as may be necessary. TREASURY DEPARTMENT. Treasury Department. Additional clerks. For the following additional clerks in the office of the Auditor for the War Department and in the office of the Auditor for the Navy Department for a period not exceeding from the date of the approval of this Act until and including March thirty-first, eighteen hundred and ninety-nine, namely: —office Auditor for War Department.
Office of Auditor for the War Department: For eight clerks of class four; seventeen clerks of class three; ten clerks of class two; and thirty clerks of class one; in all, seventy-eight thousand seven FIFTY-FIFTH CONGRESS. Sess. II. Ch. 368, 369. 1898.423hundred and sixty-six dollars and thirty-two cents, or so much thereof as may be necessary. Office of Auditor for the Navy Department: For two clerks —office Auditor for Navy Department.of class three; three clerks of class two; four clerks of class one; six clerks, at the rate of one thousand dollars per annum each; and four clerks, at the rate of nine hundred dollars each; in all, eighteen thousand seven hundred and forty-five dollars and seventy-two cents, or so much thereof as may be necessary.
UNITED STATES COURTS. United States courts. For fees of witnesses, ninety-five thousand dollars.Fees of witnesses and jurors. For fees of jurors, seventy-five thousand dollars. EXECUTIVE. Executive office. Executive office: For the following additional clerks commencing Additional clerks.June first, eighteen hundred and ninety-eight, and continuing during the fiscal year eighteen hundred and ninety-nine, namely: Two clerks of class three, three thousand four hundred and sixty-six dollars and sixty-six cents, or so much thereof as may be necessary.
SENATE. Senate. To enable the Secretary of the Senate to pay to Mary L. Walthall, Payment to Mrs. Mary L. Walthall.widow of the Honorable Edward C. Walthall, deceased, late a Senator from the State of Mississippi, five thousand dollars. For miscellaneous items, exclusive of labor, fifteen thousand dollars. Miscellaneous items. For expenses of inquiries and investigations ordered by the Senate, Inquiries and investigations.including compensation to stenographers to committees, at such rate as may be fixed by the Committee to Audit and Control the Contingent Expenses of the Senate, but not exceeding one dollar and twenty-five cents per printed page, five thousand dollars.
HOUSE OF REPRESENTATIVES. House of Representatives. For compensation and mileage of Members of the House of Representatives Compensation and mileage of Members and Delegates.and Delegates from the Territories, for the fiscal year eighteen hundred and ninety-seven, four thousand five hundred and eighty-three dollars. Approved, May 31, 1898. Chapter 369: To amend “An Act to provide the times and places for holding terms of the United States courts in the States of Idaho and Wyoming,” approved July fifth, eighteen hundred and ninety-two, as amended by the amendatory Act approved November third, eighteen hundred and ninety-three. 30 Stat. 423 1898-06-01 Chapter 369 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 369.— An Act To amend “An Act to provide the times and places for holding terms of the United States courts in the States of Idaho and Wyoming,” approved July fifth, eighteen hundred and ninety-two, as amended by the amendatory Act approved November third, eighteen hundred and ninety-three. June 1, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section three of the Act Idaho judicial district.
Vol. 27, p. 72, amended.entitled “An Act to provide the times and places for holding terms of the United States courts in the States of Idaho and Wyoming,” approved July fifth, eighteen hundred and ninety-two, be amended to read as follows: "“Sec. 3. That for the purpose of holding terms of the district court Divisions of district.said district is divided into three divisions, to be known as the northern, the central, and the southern divisions. “The territory composing the counties of Idaho, Kootenai, Latah, —northern.Nez Perce, and Shoshone, including any and all Indian reservations within such territory, constitute the northern division, the court for —court at Moscow.which must be held at the town of Moscow. 424 FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 369, 370. 1898. —central. “The territory composing the counties of Ada, Boise, Blaine, Cassia, Canyon, Elmore, Lincoln, Owyhee, and Washington, including any and all Indian reservations within said territory, constitute the central division, the court for which must be held at Boise City. —court at Boise City. —southern. “The territory composing the counties of Bingham, Bannock, Bear Lake, Custer, Fremont, Lemhi, and Oneida, including any and all Indian reservations within such territory, constitute the southern —court at Pocatello.division, the court for which must be held at the town of Pocatello.
New counties, etc. “That any new county created out of any of such territory shall remain a part of the division out of which it, or the larger portion thereof, shall be created, but if a portion of a county of one division shall be attached to a county of another division, it shall become a part of the latter division.”" Sec. 2. That section six of said Act approved July fifth, eighteen hundred and ninety-two, as amended by the Act approved November third, eighteen hundred and ninety-three, be amended to read as follows:
Terms of court. Vol. 27. p. 73. Vol. 28, p. 5, amended. —Moscow. —Boise City. —Pocatello. "“Sec. 6. That the terms of the district court for the district of the State of Idaho shall be held at the town of Moscow, beginning on the second Monday of May and the fourth Monday of October in each year; at Boise City, beginning on the second Monday of March and the second Monday of September in each year; and at the town of Pocatello, beginning on the second Monday of April and the first Monday of October in each year; and the provision of statute now existing for the bolding of said courts on any day contrary to the provisions of this Pending matter transferred, etc.Act is hereby repealed; and all suits, prosecutions, process, recognizances, bail bonds, and other things pending in or returnable to said court are hereby transferred to, and shall be made returnable to, and have force in, the said respective terms in this Act provided, in the same manner and with the same effect as they would have had had said existing statute not been passed.”" To take effect, etc.
Sec. 3. That this Act shall take effect from its approval. Approved, June 1, 1898. Chapter 370: Concerning carriers engaged in interstate commerce and their employees. 30 Stat. 424 1898-06-01 Chapter 370 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 370.— An Act Concerning carriers engaged in interstate commerce and their employees.
June 1, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisions of this Act Adjustment of controversies between railroads and their employees. Scope of act. R. S., sec. 4612, p. 894.shall apply to any common carrier or carriers and their officers, agents, and employees, except masters of vessels and seamen, as defined in section forty-six hundred and twelve. Revised Statutes of the United States, engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States.
Terms. —“railroad.” The term “railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned —“transportation.”or operated under a contract, agreement, or lease; and the term “transportation” shall include all instrumentalities of shipment or carriage. —“employees.” The term “employees” as used in this Act shall include all persons actually engaged in any capacity in train operation or train service of any description, and notwithstanding that the cars upon or in which they are employed may be held and operated by the carrier under lease *Proviso.* Street railroads excepted.or other contract: *Provided,* however, That this Act shall not be held to apply to employees of street railroads and shall apply only to FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 370. 1898.425employees engaged in railroad train service. In every such case the Responsibility of carrier on leased cars.carrier shall be responsible for the acts and defaults of such employees in the same manner and to the same extent as if said cars were owned by it and said employees directly employed by it, and any provisions to the contrary of any such lease or other contract shall be binding only as between the parties thereto and shall not affect the obligations of said carrier either to the public or to the private parties concerned.
Sec. 2. That whenever a controversy concerning wages, hours of Commission to mediate differences.labor, or conditions of employment shall arise between a carrier subject to this Act and the employees of such carrier, seriously interrupting or threatening to interrupt the business of said carrier, the chairman of the Interstate Commerce Commission and the Commissioner of Labor shall, upon the request of either party to the controversy, with all practicable expedition, put themselves in communication with the parties to such controversy, and shall use their best efforts, by mediation and conciliation, to amicably settle the same; and if such efforts shall be unsuccessful, shall at once endeavor to bring about an arbitration of said controversy in accordance with the provisions of this Act.
Sec. 3. That whenever a controversy shall arise between a carrier —failure to adjust.subject to this Act and the employees of such carrier which can not be settled by mediation and conciliation in the manner provided in the preceding section, said controversy may be submitted to the arbitration of a board of three persons, who shall be chosen in the manner following: —Board to arbitrate. —how selected.One shall be named by the carrier or employer directly interested; the other shall be named by the labor organization to which the employees directly interested belong, or, if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in services of the same nature as said employees so directly interested: *Provided, however,* That when *Proviso.* —in controversies affecting different labor organizations.a controversy involves and affects the interests of two or more classes and grades of employees belonging to different labor organizations, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations; and in cases where the majority of such employees are not members of any labor organization, said employees may by a majority vote select a committee of their own number, which committee shall have the right to select the arbitrator on behalf of said employees.
The two thus chosen shall select the —of third arbitrator.third commissioner of arbitration; but, in the event of their failure to name such arbitrator within five days after their first meeting, the third arbitrator shall be named by the commissioners named in the preceding section. A majority of said arbitrators shall be competent to make a valid and binding award under the provisions hereof. The Submission, form, etc., of.submission shall be in writing, shall be signed by the employer and by the labor organization representing the employees, shall specify the time and place of meeting of said board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate, as follows:
First. That the board of arbitration shall commence, their hearings Stipulations of submission. —time of hearings, etc. —status of controversy pending arbitration. *Proviso.* Involuntary service. Filing of award in United States circuit court.within ten days from the date of the appointment of the third arbitrator, and shall find and file their award, as provided in this section, within thirty days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed: *Provided,* That no employee shall be compelled to render personal service without his consent.
Second. That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators and which shall have the force and effect of a bill of exceptions, shall be filed in the clerk’s office of the circuit court of the United States for the district wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.
Third. That the respective parties to the award will each faithfully Enforcing award.execute the same, and that the same may be specifically enforced in 426FIFTY-FIFTH CONGRESS. Sess. II. Ch. 370. 1898.*Proviso.* Involuntary service.equity so far as the powers of a court of equity permit: *Provided,* That no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service.Notice of termination of service.
Fourth. That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days’ notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days’ notice in writing of his intention so to discharge.
Continuance in force of award. Fifth. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of said one year if the award is not set aside as provided Individual employees not parties not bound by award.in section four. That as to individual employees not belonging to the labor organization or organizations which shall enter into the arbitration, the said arbitration and the award made therein shall not be binding, unless the said individual employees shall give assent in writing to become parties to said arbitration.
Exceptions to award. Sec. 4. That the award being filed in the clerk’s office of a circuit court of the United States, as hereinbefore provided, shall go into practical operation, and judgment shall be entered thereon accordingly at the expiration of ten days from such tiling, unless within such ten days either party shall file exceptions thereto for matter of law apparent upon the record, in which case said award shall go into practical operation and judgment be entered accordingly when such exceptions shall have been finally disposed of either by said circuit court or on appeal therefrom.
Appeal to circuit court of appeals. At the expiration of ten days from the decision of the circuit court upon exceptions taken to said award, as aforesaid, judgment shall be entered in accordance with said decision unless during said ten days —record.either party shall appeal therefrom to the circuit court of appeals. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said exceptions and to be decided. —judgment.
The determination of said circuit court of appeals upon said questions shall be final, and being certified by the clerk thereof to said circuit court, judgment pursuant thereto shall thereupon be entered by said circuit court. —judgment by agreement. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award. But in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.
Powers of arbitrators. Sec. 5. That for the purposes of this Act the arbitrators herein provided for, or either of them, shall have power to administer oaths and affirmations, sign subpœnas, require the attendance and testimony of witnesses, and the production of such books, papers, contracts, agreements, and documents material to a just determination of the matters under investigation as may be ordered by the court; and may invoke the aid of the United States courts to compel witnesses to attend, and testify and to produce such books, papers, contracts, agreements and documents to the same extent and under the same conditions and penalties as Vol. 24, p. 383.
Vol. 25, p. 859. Vol. 26, p. 743.is provided for in the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, and the amendments thereto. Agreement to arbitrate. Sec. 6. That every agreement of arbitration under this Act shall be acknowledged by the parties before a notary public or clerk of a district 427or circuit court of the United States, and when so acknowledged a copy —acknowledgment and filing of.of the same shall be transmitted to the chairman of the Interstate Commerce Commission, who shall tile the same in the office of said commission.
Any agreement of arbitration which shall be entered into conforming Agreement of individual employees to arbitrate.to this Act, except that it shall be executed by employees individually instead of by a labor organization as their representative, shall, when duly acknowledged as herein provided, be transmitted to the chairman of the Interstate Commerce Commission, who shall cause a notice in writing to be served upon the arbitrators, fixing a time and place for a —meeting to be called.meeting of said board, which shall be within fifteen days from the execution of said agreement of arbitration: *Provided, however,* That the *Proviso.* —condition.said chairman of the Interstate Commerce Commission shall decline to call a meeting of arbitrators under such agreement unless it be shown to his satisfaction that the employees signing the submission represent or include a majority of all employees in the service of the same employer and of the same grade and class, and that an award pursuant to said submission can justly be regarded as binding upon all such employees.
Sec. 7. That during the pendency of arbitration under this Act it Restrictions on parties during pendency of arbitration.shall not be lawful for the employer, party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law, or neglect of duty; nor for the organization representing such employees to order, nor for the employees to unite in, aid, or abet, strikes against said employer; nor, during a period of three months after an —after award.award under such an arbitration, for such employer to discharge any such employees, except for the causes aforesaid, without giving thirty days’ written notice of an intent so to discharge; nor for any of such employees, during a like period, to quit the service of said employer without just cause, without giving to said employer thirty days’ written notice of an intent so to do; nor tor such organization representing such employees to order, counsel, or advise otherwise.
Any violation —penalty.of this section shall subject the offending party to liability for damages: *Provided,* That nothing herein contained shall be construed to prevent *Proviso.* Reduction of force for business reasons.any employer, party to such arbitration, from reducing the number of its or his employees whenever in its or his judgment business necessities require such reduction. Sec. 8. That in every incorporation under the provisions of chapter National trade unions. Vol. 24, p. 86.five hundred and sixty-seven of the United States Statutes of eighteen hundred and eighty-five and eighteen hundred and eighty-six it must be provided in the articles of incorporation and in the constitution, rules, and by-laws that a member shall cease to be such by participating —forfeiture of membership for violence, etc.in or by instigating force or violence against persons or property during strikes, lockouts, or boycotts, or by seeking to prevent others from working through violence, threats, or intimidations.
Members of Liabilities, etc.such incorporations shall not be personally liable for the acts, debts, or obligations of the corporations, nor shall such corporations be liable for the acts of members or others in violation of law; and such corporations Appearance of corporation in arbitration, etc., proceedings.may appear by designated representatives before the board created by this Act, or in any suits or proceedings for or against such corporations or their members in any of the Federal courts.
Sec. 9. That whenever receivers appointed by Federal courts are in Railroad in hands of Federal receiver. —employees to be heard.the possession and control of railroads, the employees upon such railroads shall have the right to be heard in such courts upon all questions affecting the terms and conditions of their employment, through the officers and representatives of their associations, whether incorporated or unincorporated, and no reduction of wages shall be made by such —notice to of reduction of wages.receivers without the authority of the court therefor upon notice to such employees, said notice to be not less than twenty days before the hearing upon the receivers’ petition or application, and to be posted upon all customary bulletin boards along or upon the railway operated by such receiver or receivers. 428FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 370, 371. 1898. Prohibition of unjust requirements as conditions to employment. Sec. 10. That any employer subject to the provisions of this Act and any officer, agent, or receiver of such employer who shall require any employee, or any person seeking employment, as a condition of such employment, to enter into an agreement, either written or verbal, not to become or remain a member of any labor corporation, association, or organization; or shall threaten any employee with loss of employment, or shall unjustly discriminate against any employee because of his membership in such a labor corporation, association, or organization; or who shall require any employee or any person seeking employment, as a condition of such employment, to enter into a contract whereby such employee or applicant for employment shall agree to contribute to any fund for charitable, social, or beneficial purposes; to release such employer from legal liability for any personal injury by reason of any benefit received from such fund beyond the proportion of the benefit —of attempts to prevent further employment after discharge.arising from the employer’s contribution to such fund; or who shall, after having discharged an employee, attempt or conspire to prevent such employee from obtaining employment, or who shall, after the quitting of an employee, attempt or conspire to prevent such employee from obtaining employment, is hereby declared to be guilty of a misdemeanor, —penalty.and, upon conviction thereof in any court of the United States of competent jurisdiction in the district in which such offense was committed, shall be punished for each offense by a fine of not less than one hundred dollars and not more than one thousand dollars.
Appropriation for expenses of arbitration. Sec. 11. That each member of said board of arbitration shall receive a compensation of ten dollars per day for the time he is actually employed, and his traveling and other necessary expenses; and a sum of money sufficient to pay the same, together with the traveling and other necessary and proper expenses of any conciliation or arbitration *Post,* p. 1090.had hereunder, not to exceed ten thousand dollars in any one year, to be approved by the chairman of the Interstate Commerce Commission and audited by the proper accounting officers of the Treasury, is hereby appropriated for the fiscal years ending June thirtieth, eighteen hundred and ninety-eight, and June thirtieth, eighteen hundred and ninety-nine, out of any money in the Treasury not otherwise appropriated.
Repeal. Vol. 25, p. 501. Sec. 12. That the Act to create boards of arbitration or commission for settling controversies and differences between railroad corporations and other common carriers engaged in interstate or territorial transportation of property or persons and their employees, approved October first, eighteen hundred and eighty-eight, is hereby repealed. Approved, June 1, 1898. Chapter 371: To suspend certain provisions of law relating to hospital stewards in the United States Army, and for other purposes. 30 Stat. 428 1898-06-02 Chapter 371 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 371.— An Act To suspend certain provisions of law relating to hospital stewards in the United States Army, and for other purposes. June 2, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all provisions of law Army. Hospital stewards. Suspension of certain provisions of law relating to. Vol. 29. p. 61. Vol. 24, p. 435. *Ante,* p. 325.limiting the number of hospital stewards in service at any one time to one hundred, and requiring that a person to be appointed a hospital steward shall first demonstrate his fitness therefor by actual service of not less than twelve months as acting hospital steward, and that limit the amount to be expended for the pay of civil employees in the Medical Department of the Army in one year to forty thousand dollars *Proviso.* Limit in number of.be, and the same are hereby, suspended during the existing war: *Provided,* That the increase of hospital stewards under this Act shall not exceed one hundred.
Approved, June 2, 1898. Chapter 372: To grant a right of way to the village of Flandreau, South Dakota. 30 Stat. 429 1898-06-02 Chapter 372 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public FIFTY-FIFTH CONGRESS. Sess. II. Chs. 372, 376. 1898. 429 chap. 372.— An Act To grant a right of way to the village of Flandreau, South Dakota.
June 2, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That a right of way be, and Flandreau, S. Dak., granted right of way for street through Government tract.hereby is, granted to the village of Flandreau, South Dakota, to extend a certain highway, known as Prospect street, through a certain tract of land owned by the Government of the United States and described as follows: One acre lot fronting the south line of the southeast quarter of section twenty-one, township one hundred and seven, range forty-eight, in Moody County, South Dakota, said lot running one hundred and twenty feet on the south line of said described land by three hundred and sixty-three feet deep, and the southeast corner thereof being one thousand and sixteen feet east of the southwest corner of the abovementioned quarter section: *Provided,* That the fee of the land occupied *Proviso.* Reversion to United States, etc.by the street shall remain in the United States with reversion of the use and occupancy in event of the closing or abandonment of that portion of the street.
Approved, June 2, 1898. Chapter 376: For the appointment of a commission to make allotments of lands in severalty to Indians upon the Uintah Indian Reservation in Utah, and to obtain the cession to the United States of all lands within said reservation not so allotted. 30 Stat. 429 1898-06-04 Chapter 376 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 376.— An Act For the appointment of a commission to make allotments of lands in severalty to Indians upon the Uintah Indian Reservation in Utah, and to obtain the cession to the United States of all lands within said reservation not so allotted. June 4, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President of the Uintah Indian Reservation, Utah.
Commission to allot lands to Indians.United States is hereby authorized and directed to appoint a commission consisting of not more than three persons, who shall, with the consent of the Indians properly residing on the Uintah Indian Reservation in Utah, allot in severalty to the said Indians, and to such of the Uncompahgre Indians as may not be able to obtain allotments within the Uncompahgre Indian Reservation, agricultural and grazing lands as follows: To each head of a family, one-quarter of a section, with an Allotments.additional quantity of grazing land not exceeding one-quarter of a section; to each single person over eighteen years of age, one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section; to each orphan child under eighteen years of age, one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section; to each other person under eighteen years of age born prior to such allotment, one-eighth of a section, with a like quantity of grazing laud: *Provided,* That with the consent *Proviso.* Desirable sites.of said commission any adult Indian may select a less quantity of land, if more desirable on account of location.
All necessary surveys to enable said commission to complete the Surveys.allotments shall be made under the direction of the General Land Office. Sec. 2. That said commission shall also obtain, by the consent of a Cession to United States of unallotted lands.majority of the adult male Indians properly residing upon and having an interest in the said Uintah Indian Reservation, the cession to the United States of all the lands within said reservation not allotted or needed for allotment as aforesaid.
The agreement for such cession —ratification, etc.shall be reported by said commission and become operative when ratified by Act of Congress; and thereupon such ceded lands shall be held in trust by the United States for the purpose of sale to citizens thereof: *Provided,* That the United States shall pay no sum or amount whatever *Provisos.* Payment. Safe.for said lands so ceded. Said lands shall be sold in such manner and in such quantities and for such prices as may be determined by Congress: *Provided,* That the amounts so received shall, in the aggregate Aggregate amount from sales, etc.be sufficient to pay said Indians in full the amount agreed upon for said lands.
All sums received from the sales of said lands shall be placed in the Treasury of the United States for said Indians, and shall 430FIFTY-FIFTH CONGRESS. Sess. II. Chs. 376, 377. 1898.be exclusively devoted to the use and benefit of the Indians having interests in the lands so ceded. Pay of Commissioners. —clerk. Sec. 3. That said commissioners shall receive six dollars per day each, and their actual and necessary traveling and incidental expenses while on duty, and to be allowed a clerk to be selected by them, whose compensation shall be fixed by said commissioners, subject to the *Proviso.* Limit for expenses, etc.approval of the Secretary of the Interior: *Provided,* That the cost of executing the provisions of this Act shall not exceed the sum of five thousand dollars, which sum is hereby appropriated for that purpose, out of any moneys in the Treasury not otherwise appropriated.
Approved, June 4, 1898. Chapter 377: Granting to the Washington Improvement and Development Company a right of way through the Colville Indian Reservation, in the State of Washington. 30 Stat. 430 1898-06-04 Chapter 377 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 377.— An Act Granting to the Washington Improvement and Development Company a right of way through the Colville Indian Reservation, in the State of Washington.
June 4, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there is hereby granted Washington Improvement and Development Co. granted right of way through Colville Indian Reservation, Wash.to the Washington Improvement and Development Company, a corporation organized and existing under the laws of the State of Washington, and to its assigns, a right of way for its railway, telegraph, and telephone lines through the Colville Indian Reservation, in the State —location.of Washington, beginning at a point on the Columbia River, near the mouth of the Sans Foil River; running thence in a northerly direction to a point in township thirty-seven north, of range thirty-two east, Willamette meridian; thence northerly to a point near the mouth of Curlew Creek; thence northerly to the international boundary line —branches, etc.between British Columbia and the State of Washington; with the right to construct, use, and maintain such branches, spurs, switches, and side tracks as said company may deem necessary for the operation of said rail-way, together with all the rights granted to railroads by the Vol. 18. p. 482.Act of Congress entitled “An Act granting to railroads a right of way through the public lands of the United States,” approved March third, —width.eighteen hundred and seventy-five.
Such right of way shall be fifty feet wide on each side of the center line of said railroad, and said company Materials for construction. Ground for stations, etc. —limit.shall have the right to take from the lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; also grounds adjacent to such right of way for station buildings and for necessary side tracks and switch tracks, not to exceed in amount two hundred feet in width and two thousand feet in length for each station, and to an extent not exceeding one station for each ten miles of road within the limits of said Colville Reservation.
Damages to Indian allottees. Sec. 2. That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid to any Indian allottees whose lands may be taken by said company under this Act, and to provide the time and manner of payment thereof. Maps of route. Sec. 3. That said company shall cause maps showing the route of its located lines through said Colville Reservation to be filed in the office of the Secretary of the Interior; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: *Provided,* *Proviso.* Grading to commence on filing maps.That when a map showing any portion of said railway company’s located line is filed herein as provided for, said company shall commence grading said located line within six months thereafter, or such location Approval of location.shall be void, and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before the construction of any such section shall be begun.
Surveys, etc. Sec. 4. That said company is hereby authorized to enter upon said reservation for the purpose of surveying and locating its line of railroad. Construction. Sec. 5. That the right herein granted shall be forfeited by said com-FIFTY-FIFTH CONGRESS. Sess. II. Chs. 377–379. 1898.431pany unless at least twenty-five miles of said railroad shall be constructed through the said reservation within two years after the passage of this Act. Sec. 6. That Congress reserves the right to alter, amend, or repeal Amendment.this Act in whole or in part.
Approved, June 4, 1898. Chapter 378: Granting additional powers to railroad companies operating lines in the Indian Territory. 30 Stat. 431 1898-06-04 Chapter 378 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 378.— An Act Granting additional powers to railroad companies operating lines in the Indian Territory.
June 4, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it shall and may be lawful Indian Territory. Leases by railroads with connecting lines authorized.for any company operating a line of railroad, either wholly or partially, in the Indian Territory to enter into contracts for the use or lease of the railroad and other property of any railroad company whose line may now or hereafter connect with its line upon such terms as may be agreed upon by the respective companies, and to use and operate such road or roads in accordance with the terms of such contract or lease, but subject to the obligations imposed upon the respective companies by their charters or by the laws of the United States or of the State or Territory in which such leased road may be situate: *Provided,* That *Proviso.* Parallel, etc., lines excepted.the terms of this Act shall not apply to parallel or competing lines.
Approved, June 4, 1898. Chapter 379: Appointing commissioners to revise the statutes relating to patents, trade and other marks, and trade and commercial names. 30 Stat. 431 1898-06-04 Chapter 379 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 379.— An Act Appointing commissioners to revise the statutes relating to patents, trade and other marks, and trade and commercial names.
June 4, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President, with the Patents, trademarks, etc. Commission to revise laws concerning.advice and consent of the Senate, shall appoint three commissioners, to serve without compensation, whose duty it shall be to revise and amend the laws of the United States concerning patents, trade and other marks, and trade or commercial names, which shall be in force at the time such commission shall make its final report, so far as the same relates to matters contained in or affected by the Convention for the Protection of Industrial Property concluded at Paris March twentieth, eighteen hundred and eighty-three, the agreements under said Convention concluded Vol. 27, p. 958.at Madrid April fourteenth, eighteen hundred and ninety-one, and the protocols adopted by the conference held under such Convention at Brussels, eighteen hundred and ninety-seven, and the treaties of the United States, and the laws of other nations relating to patents, trade and other marks, and trade or commercial names.
That they shall report to Congress as soon as possible. Report. That the report shall be so made as to indicate any proposed change —what to contain.in the substance of existing law, and shall be accompanied by notes which shall briefly and clearly state the reasons for any proposed change. It shall also be accompanied by references to such treaties and foreign laws relating to patents, trade and other marks, and trade or commercial names, as, in the opinion of the commissioners, may affect citizens of the United States.
That the sum of two hundred and fifty dollars, or so much thereof as Appropriation for expenses.maybe necessary, be appropriated to pay the necessary expenses of the commissioners in making their report, which sum shall be immediately available. Approved, June 4, 1898. Chapter 388: To authorize the establishment of post-offices at military posts or camps. 30 Stat. 432 1898-06-06 Chapter 388 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public 432 FIFTY-FIFTH CONGRESS. Sess. II. Chs. 388–390. 1898. chap. 388.— An Act To authorize the establishment of post-offices at military posts or camps. June 6, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That during the continuance Army. Post-offices at camps, etc.of the existing war the Postmaster-General may, in his discretion, establish a temporary post office at any military post or camp for the purpose of supplying the officers and troops there encamped with mails, the location of which post-office may at any time be changed to Detail of officer as postmaster.any other post or camp.
On the establishment of such post-office he shall cooperate with the Secretary of War or officer commanding such post or camp for the purpose of securing the detail of an officer of the Regular or Volunteer Army of suitable rank to act as postmaster, who —bond of.shall, when the exigency will permit, execute a bond to the United States as such, and of a sufficient number of noncommissioned officers Clerks.and privates to act as clerks in said post-office, who shall serve as such without additional salary, pay, or compensation other than that attaching —oath.to their rank and position in the Army.
Each of said persons shall, before entering upon the discharge of his duties, take the oath Civilian postmaster.prescribed for persons employed in the postal service. In any ease where it is deemed impracticable by the military authorities to detail persons from the Army to act as postmaster or clerks the Postmaster-General —compensation of.is authorized to appoint a civilian as postmaster, and also to make a special order allowing to him reasonable compensation for clerical services and to meet the necessary expenses of said office, as well as a proportionate increase of salary to the postmaster during the period of such extraordinary business as may attach to his office, under the provisions R.
S., sec. 3863, p. 754. Money orders.of section thirty-eight hundred and sixty-three, Revised Statutes, payable out of the appropriations for the postal service. He may also provide for the issue and payment of money orders at any post-office established under the provisions of this Act, after the postmaster shall have given bond as required by law. Post-office supplies. Sec. 2. That the Postmaster-General shall supply to post-offices referred to in the preceding section all necessary postage stamps, stamped Regulations.envelopes, postal cards, and other supplies of whatever description.
He may also prescribe regulations for the conduct of the business at such post-offices in conformity, so far as the same may be applicable, to the regulations relating to the ordinary postal service. Branch post-offices. Sec. 3. That in any case where, in the judgment of the Postmaster-General, any military post or camp can be better and more economically supplied by a branch post-office, he may, without reference to its distance from the main office, establish the same, and meet the expenses thereof by special order, as in the case of post-offices referred to in the preceding section.
Approved, June 6, 1898. Chapter 389: To remove the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States. 30 Stat. 432 1898-06-06 Chapter 389 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 389.— An Act To remove the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States.
June 6, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the disability imposed Removal of disabilities of persons who have engaged in insurrection against the United States.by section three of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed. Approved, June 6, 1898. Chapter 390: To provide an American register for the steamship China. 30 Stat. 432 1898-06-07 Chapter 390 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 390.— An Act To provide an American register for the steamship China. June 7, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamship Chinn. —granted American register.Treasury is hereby authorized and directed to cause the foreign-built steamship China, owned by the Pacific Mail Steamship Company, to be registered as a vessel of the United States.
Approved, June 7, 1898. Chapter 391: To amend section eight of the Act of Congress approved March second, eighteen hundred and ninety-six, granting a right of way to the Fort Smith and Western Coal Railroad Company through the Indian Territory, and for other purposes. 30 Stat. 433 1898-06-07 Chapter 391 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public 433 FIFTY-FIFTH CONGRESS. Sess. II. Chs. 391, 392. 1898. chap. 391.— An Act To amend section eight of the Act of Congress approved March second, eighteen hundred and ninety-six, granting a right of way to the Fort Smith and Western Coal Railroad Company through the Indian Territory, and for other purposes. June 7, 1898. *Be, it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section eight of the Act Fort Smith and Western Coal Railroad.
Vol. 29, p. 42.of Congress approved March second, eighteen hundred and ninety-six, granting a right of way to the Fort Smith and Western Coal Railroad Company through the Indian Territory, and for other purposes, be, and the same is hereby, amended so as to read as follows: "“Sec. 8. That said railway company shall build and complete its said Time extended to complete railway.railway on or before December thirty-first, nineteen hundred, or this grant shall be forfeited; that said railway company shall construct and maintain, continually, all road and highway crossings and necessary bridges over said railway whenever said roads and highways do now or may hereafter cross said railway’s right of way, or may be by the proper authorities laid out across the same.
" Approved, June 7, 1898. Chapter 392: To suspend the operation of certain provisions of law relating to the War Deportment, and for other purposes. 30 Stat. 433 1898-06-07 Chapter 392 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 392.— An Act To suspend the operation of certain provisions of law relating to the War Deportment, and for other purposes.
June 7, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the operation of the following Army. Suspension of certain provisions of law. Amended, *post,* p. 1350. Limit of draught animals. Vol. 25, p. 486.provisions of law be, and is hereby, suspended in the discretion of the Secretary of War during the existing war, namely: First. The provision of the first section of the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes,” in the following words:
"“*Provided,* That hereafter no part of this appropriation shall be expended in the purchase for the Army of draught animals until the number on hand shall be reduced to five thousand, and thereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand.”" Second. The provisions of the first section of the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes,” in the following words:
"“*Provided,* That hereafter no part of the appropriations for the *Ante,* p. 322. Quartermaster’s Department. —printing for, etc.Quartermaster’s Department shall be expended on printing, unless the same shall be done by contract, after due notice and competition, except in such cases as the emergency will not admit of the giving notice for competition: *Provided further,* That after advertisement all the supplies —purchases where cheapest, etc.for the use of the various departments and posts of the Army, and of the branches of the Army service, shall hereafter be purchased where the same can be purchased the cheapest, in the markets of the United States, quality and cost of transportation and the interest of the Government considered, except that purchases may be made in open market, in the manner common among business men, when the aggregate amount required does not exceed two hundred dollars, but every such purchase shall be immediately reported to the Secretary of War.”" And the words:
"“*Provided,* That the number of horses purchased under this appropriation, *Ante,* p. 323. —purchase of horses; limit, etc.added to the number on hand, shall not at any time exceed the number of enlisted men and Indian scouts in the mounted service, and that no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster’s Department, and an inspection by such Department, all under the direction and authority of the Secretary of War.”" 434 FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 392–394. 1898. And the words: *Ante,* p. 323. —civilian employees-limit. "“*Provided,* That no more than one million dollars of the sums appropriated by this Act shall be paid out for the services of civilian employees in the Quartermasters Department, including those heretofore paid out of the funds appropriated for regular supplies, incidental expenses, barracks and quarters, army transportation, clothing, camp and garrison equipage; that no employee paid therefrom shall receive a salary more than one hundred and fifty dollars per month, unless the same shall be specially fixed by law.”" Ordnance Department. *Ante,* p. 326.
Civilian clerks; limit. Third. So much of the Act approved March fifteenth, eighteen hundred and ninety-eight, entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine,” under the heading Ordnance Department, as provides that not more than sixty-five thousand dollars of the money appropriated for the Ordnance Department in all its branches shall be applied to the payment of civilian clerks in said Department.
Admission free of war materials. *And be it further enacted,* That during the existing war materials required by the War Department may, in the discretion of the Secretary of War, be purchased abroad and shall be admitted free of duty. Purchases without advertisement. *And be it further enacted,* That during the existing war the Bureau of Ordnance of the War Department is authorized to purchase without advertisement such ordnance and ordnance stores as are needed for immediate use, and when such ordnance and ordnance stores are to be manufactured then to make contracts without advertisement for such stores to be delivered as rapidly as manufactured.
Approved, June 7, 1898. Chapter 393: Authorizing certain life-saving stations to he opened and manned during June and July, eighteen hundred and ninety-eight. 30 Stat. 434 1898-06-07 Chapter 393 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 393.— An Act Authorizing certain life-saving stations to he opened and manned during June and July, eighteen hundred and ninety-eight.
June 7, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Life-Saving Service. Operation at certain stations during June and July.Treasury be, and he is hereby, authorized to keep such of the life-saving stations upon the Atlantic and Gulf coasts opened and manned for active service during the months of June and July, eighteen hundred and ninety-eight, as he may deem advisable, the number of surfmen to be employed at each station during this period to be such as the General Superintendent of the Life-Saving Service shall determine, not to exceed the number now employed, and the compensation of each surfman shall be at the rate of sixty dollars per mouth.
Appropriation. Sec. 2. That for the purpose of carrying into effect the provisions of the preceding section the sum of seventy thousand dollars, or such portion thereof as may be necessary, is hereby appropriated, from any money in the Treasury not otherwise appropriated. Approved, June 7, 1898. Chapter 394: Conferring on the supreme court of the District of Columbia jurisdiction to take proof of the execution of wills affecting real estate, and for other purposes. 30 Stat. 434 1898-06-08 Chapter 394 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 394.— An Act Conferring on the supreme court of the District of Columbia jurisdiction to take proof of the execution of wills affecting real estate, and for other purposes. June 8, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section four of the Act District of Columbia. Supreme court invested with powers exercised by orphan’s court, etc. Vol. 16, p. 103.of Congress entitled “An Act relating to the supreme court of the District of Columbia,” approved June twenty-first, eighteen hundred and seventy, be, and the same hereby is, amended so as to read as follows:
“That all the powers and jurisdiction by law held and exercised by the orphans’ court of Washington County, District of Columbia, prior FIFTY-FIFTH CONGRESS. Sess. II. Ch. 394. 1898.435to the twenty-first day of June, anno Domini eighteen hundred and seventy, are hereby conferred upon the supreme court of the District of Columbia. Such powers and jurisdiction shall continue to be exercised —special term of.by one of the justices of said court holding a special term for orphans’ court business, and from his judgments, orders, and decrees there shall —appeal.be the same right of appeal to the court of appeals of the, District of Columbia as is given by section seven of the Act of Congress establishing Vol. 27, p. 435.said court of appeals, approved February ninth, eighteen hundred and ninety-three: *Provided,* That nothing herein contained shall divest *Proviso.* Existing powers unchanged.said court or said special term or said justice of any power or jurisdiction conferred upon said court or said special term or said justice by existing law.
” Sec. 2. That in addition to the jurisdiction conferred in the preceding —may admit to probate wills devising real estate, etc.section of this Act, plenary jurisdiction is hereby given to the said court holding the said special term to bear and determine all questions relating to the execution and to the validity of any and all wills devising any real estate within the District of Columbia and of any and all wills and testaments properly presented for probate therein, and to admit the same to probate and record in said special term; and neither the execution nor the validity of any such will or testament so admitted to probate and record shall be impeached or examined collaterally, but the same shall be in all respects and as to all persons res judicata, subject, nevertheless, to the provisions hereinafter contained.
Sec. 3. That all issues of fact hereafter arising in the supreme court Trial of issues of fact.of the District of Columbia holding a special term for orphans’ court business, including those relating to the execution of the validity of any will or testament, shall hereafter be tried before said justice holding said special term, and that when required for such purpose jurors shall be drawn in the manner now by law provided for the drawing of jurors for service at the special term of the supreme court of the District of Columbia sitting as a circuit court for said District.
Sec. 4. That no will or testament shall be hereafter admitted to probate Procedure for probate of wills.and record in the said District until the following procedure shall have been followed: Whenever any will or testament shall be presented for probate and record to the said justice he shall direct, all of the heirs at law or next of kin of the testator, or both, as the case may require, to be summoned to appear before him at a certain day, not earlier than ten days from the date of said presentation; if said summons shall be returned personally served upon all of said heirs at law or next of kin, or both, at least five days before said return day, then, if no caveat be filed to said will, the said justice may forthwith admit the same to probate and record.
But if any of said heirs at law or next of kin be returned “not to be found,” then the said justice shall cause not less than thirty days’ notice of the application for such probate to be published in some newspaper of general circulation in the District of Columbia, and may order such other publication as the case may require. And upon such notified day, or such subsequent day as the court shall appoint, the said application for probate shall be heard, due proof of such publication being made; and if no caveat be filed the said will or testament shall be admitted to probate and record.
In all cases in —when dispensed with.which all of the heirs at law or next of kin of a testator, or both, consent to such probate and record, such will and testament shall thereupon be forthwith admitted to probate and record without the hereinbefore described proceedings. In all cases in which any of said heirs at law Infants, etc.or next of kin is an infant or of unsound mind the said justice shall appoint a guardian ad litem for said infant or person of unsound mind: *Provided,* That in no case shall any will or testament be admitted to *Proviso.* Proof of execution necessary.probate and record save upon formal proof of its proper execution.
Sec. 5. That the preceding sections of this bill shall be subject to the Caveat, time for filing.following proviso: Any person interested in said probate who at the time of the final decree admitting any will or testament to probate and record is within the age of twenty-one years may file a caveat to said will within one year after he becomes of age; and any person so inter-436ested who at the said time was returned “not to be found” and was proceeded against by order of publication, may tile such caveat within two years after the date of said final decree; and any person actually served with process or personally appearing in said proceedings may tile such caveat within one year after said date. —framing of issues. *Proviso.* Trial without a jury.
Sec. 6. That whenever any caveat shall be filed issues shall be framed under the direction of the court for trial by jury: *Provided,* That in all cases in which all persons interested are sui juris and are before the court, the issues may be tried and determined by the court without a Service on heirs, etc.jury upon the written consent of all such parties. At least ten days prior to the time of trial all of the heirs at law or next of kin of the decedent, or both together, with all persons claiming under the will, shall be each served with a copy of said issues and a notification of the —infants, etc.time and place of the trial thereof.
If any of them be an infant or of unsound mind he shall have a guardian ad litem appointed for him by Return of “not to be found.”the court before such trial shall proceed. If, as to any party in interest, the notification shall be returned “not to be found,” the court shall assign a new day for such trial, and shall order publication at least twice a week, for a period of not less than four weeks of a copy of the issues and notification of trial in some, newspaper of general circulation in the District of Columbia, and may order such other publication as Service outside the District; regulations.the case may require.
And the supreme court of the District of Columbia may from time to time prescribe and revise rules and regulations for service personally upon such party outside of the District of Columbia of a copy of such issues and notification, but personal service upon absent defendants shall in no case be essential to the jurisdiction of the Trial.court in the premises. Upon the day notified, or such subsequent day as the court shall appoint, the court shall proceed with the trial of said issues, due proof of such publication and, when required, of such personal service being made, and due opportunity being given to any party —exceptions.in interest to demand other and further issues.
On the trial of any such issue exceptions may be taken to the rulings of the court, which shall be embodied in a bill of exceptions, to be settled and signed by the justice presiding within such time as may be fixed by the rules of practice prescribed from time to time by the supreme court of the District New trial.of Columbia in general term, and the said justice shall have the same power to set aside the verdict and grant a new trial that is possessed and exercised by the supreme court of the District of Columbia in cases tried with a jury according to the course of the common law, and as to such trials shall have all other powers now vested by law in the supreme court of the District of Columbia holding a special term Judgment to be res judicata.as a circuit court.
In all cases in which such issues shall be tried the verdict of the jury and the judgment of the court thereupon shall, subject to proceeding in error and to such revision as the common law provides, be res judicata as to all persons, nor shall the validity of any such judgment be impeached or examined collaterally. Supreme court may administer real estate of decedents. Sec. 7. That in addition to the power and jurisdiction conferred by this Act and by prior laws upon the supreme court of the District of Columbia holding a special term for orphans’ court business, said court is hereby given plenary authority to administer also the real estate situated in the District of Columbia of decedents, so far as may be necessary Sale of real estate.for the payment of debts and legacies, and to distribute among those entitled thereto any surplus proceeds of any sale of real estate made in the course of such administration, and that the bonds hereafter executed of all executors and administrators shall be responsible for the proceeds of sale of all real estate sold by them under the order *Proviso.* —limitations.of the said justice for such purposes of administration: *Provided, however,* That no such sale shall be made unless the same be required for the purposes of paying debts and such legacies as are chargeable upon the real estate, nor until the auditor of the court shall have ascertained and reported a deficiency of personal assets for such purposes, and such report shall be subject to exception.
FIFTY-FIFTH CONGRESS. Sess. II. Chs. 394, 395. 1898. 437 Sec. 8. That the foregoing sections of this Act shall apply only to Act applicable only to wills hereafter filed.wills and testaments hereafter offered for probate, and, in cases of intestacy, to the estates of such persons as shall die after the passage of this Act: *Provided,* That in the supreme court of the District of *Proviso.* Probate of wills heretofore filed.Columbia holding a term for orphans’ court business any person interested under any will heretofore filed in said court may offer the same for probate as a will of real estate, whereupon such proceedings shall be had as by this Act are authorized in regard to wills hereafter offered for probate.
Sec. 9. That the said justice may authorize and direct collectors Collectors to act as administrators.heretofore or hereafter appointed to discharge pendente lite all or any of the duties of an administrator. Sec. 10. That the record in the office of the register of wills for the Force in the District of will probated elsewhere, etc.District of Columbia of a duly certified copy, or transcript of the record of proceedings, admitting any will or codicil to probate outside of the District of Columbia; and the record in said office of any will or codicil heretofore admitted to probate in said District, and which shall not have been annulled or declared void according to law prior to the passage of this Act, shall be deemed and held, at law and in equity, as of the same and like force and effect as if such will or codicil had been duly proved and admitted to probate and record under and in accordance with the provisions of this Act: *Provided,* That the provisions of *Proviso.* —limitation.this section shall not apply to any proceedings at law or in equity pending at the date of the passage of this Act, or commenced within one year after the passage of this Act, wherein or whereby the validity of such will or codicil is or shall be called in question.
Sec. 11. That the supreme court of the District of Columbia in general Rules of practice.term is hereby authorized and empowered to make all such rules of practice as shall be necessary for the exercise of the jurisdiction hereby conferred, and to revise and alter such rules from time to time as it may deem proper. Sec. 12. That all laws and parts of laws inconsistent herewith are hereby repealed.Repeal. Approved, June 8, 1898. Chapter 395: Making appropriations to supply urgent deficiencies in the appropriations for the support of the Military and Naval establishments for the fiscal year eighteen hundred and ninety-eight, and for other purposes. 30 Stat. 437 1898-06-08 Chapter 395 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 395.— An Act Making appropriations to supply urgent deficiencies in the appropriations for the support of the Military and Naval establishments for the fiscal year eighteen hundred and ninety-eight, and for other purposes. June 8, 1898. *Post,* p. 772. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the following sums be, Urgent deficiencies appropriations.and hereby are, appropriated out of any money in the Treasury not otherwise appropriated to supply deficiencies in the appropriations for the support of the Military and Naval establishments for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes, as follows:
MILITARY ESTABLISHMENT. contingencies of the army. Army. For contingent expenses of the Army, incident to the expedition to Expenses Philippine expedition.the Philippine Islands, to be expended under the direction of the commanding officer of the United States military forces at the Philippine Islands, in his discretion, for such purposes as he may deem best in the execution of his duties under the orders of the President, and for such objects as are not now appropriated for, to be available until expended, one hundred thousand dollars. 438 FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 395. 1898. expeditionary force to cuba. Expeditionary force to Cuba. Road construction, etc. For machinery and equipment for the construction and repair of roads, twenty-five thousand dollars. For the construction and equipment of military railroads, two hundred and twenty-five thousand dollars. Tools, etc. For additional intrenching tools, electric appliances, photographic and topographic outfit, instruments, maps, manuals, and special and technical services, fifty thousand dollars.
Contingencies. For contingencies involving immediate expenditures of imperative urgency that can not be specified in advance, to be expended under the direction of the Major-General Commanding the Army, fifty thousand dollars. signal service of the army. Signal service. Expenses. For the expenses of the Signal Service of the Army as follows: Purchase, equipment, and repair of field electric telegraphs, signal equipments and stores, binocular glasses, telescopes, heliostats, and other necessary instruments, including necessary meteorological instruments for use on target ranges; war balloons, telephone apparatus (excluding exchange service), and maintenance of the same; electrical installations and maintenance at military posts; maintenance and repair of military telegraph lines and cables, including salaries of civilian employees, supplies, and general repairs, and other expenses connected with the duty of collecting and transmitting information for the Army by telegraph or otherwise, one hundred and ninety-five thousand dollars. subsistence department.
Subsistence Department. Supplies. Purchase of subsistence supplies: For issue, as rations to troops, civil employees when entitled thereto, hospital matrons, general prisoners at posts, prisoners of war (including Indians held by the Army as prisoners, but for whose subsistence appropriation is not otherwise made); for sales to officers and enlisted men of the Army; for authorized issues of candles: of toilet articles, barbers’, laundry and tailors’ materials, for use of general prisoners confined at military posts without pay or allowances, and recruits at recruiting stations; of matches for lighting public tires and lights at posts and stations and in the field; of flour used for paste in target practice; of salt and vinegar for public animals; of issues to Indians visiting military posts, and to Indians employed with Payments.the Army, without pay, as guides and scouts.
For payments: For meals for recruiting parties and recruits; for hot coffee, canned beef, and baked beans for troops traveling, when it is impracticable to cook their rations; for scales, weights, measures, utensils, tools, stationery, blank books and forms, printing, advertising, commercial newspapers, use of telephones, office furniture; for temporary buildings, cellars, and other means of protecting Commutation of rations.subsistence supplies (when not provided by the Quartermaster’s Department); for compensation of civilians employed in the Subsistence Department; and for other necessary expenses incident to the purchase, care, preservation, issue, sale, and accounting for subsistence supplies for the Army.
For the payment of the regulation allowances for commutation in lieu of rations: To enlisted men on furlough, to ordnance sergeants on duty at ungarrisoned posts, to enlisted men stationed at places where rations in kind can not be economically issued, to enlisted men traveling on detached duty when it is impracticable to carry rations of any kind, to enlisted men selected to contest for places or prizes in department and Army rifle competitions while Amount.traveling to and from places of contest: to be expended under the direction of the Secretary of War; five million dollars. medical department.
Medical Department. Supplies, etc. For the purchase of medical and hospital supplies, including disinfectants for general post sanitation, expenses of medical-supply depots, 439pay of employees, medical care and treatment of officers and enlisted men of the regular and volunteer armies on duties at posts and stations for which no other provision is made, for the proper care and treatment of cases in the armies suffering from contagious or epidemic diseases, fifty thousand dollars. torpedoes for harbor defense.
Torpedoes. For torpedo defense of Manila Harbor, Philippine Islands, to be Manila Harbor.available until expended, one hundred and fifty thousand dollars. public printing and binding. Public printing and binding. For printing and binding for the War Department and its bureaus, War Department.to be executed under the direction of the Public Printer and to remain available until expended, one hundred thousand dollars. NAVAL ESTABLISHMENT. navy department emergency fund. For special necessities of the various naval squadrons; tor the charter Navy.or purchase of suitable vessels; for the increase of small craft attached to the various squadrons, and for replacing such as may be lost or destroyed; for maintaining and destroying communication; and for obtaining information, ten million dollars, of which sum not more than five hundred thousand dollars may be used to meet contingencies that can not be foreseen, but which constantly arise under existing conditions. bureau of supplies and accounts.
Bureau of Supplies and Accounts. For provisions and commuted rations for the seamen and marines, Provisions.which commuted rations may be paid to caterers of messes, in cases of death or desertion, upon orders of the commanding officer, commuted rations for officers on sea duty and naval cadets, and commuted rations stopped on account of sick in hospital and credited to the naval hospital fund, subsistence of officers and men unavoidably detained or absent from vessels to which attached under orders (during which subsistence rations to be stopped on board ship and no credit for commutation therefor to be given); fresh water for drinking and cooking purposes; labor in general storehouses and paymasters’ offices in navy-yards, including expenses in handling stores purchased under the naval supply fund, one million dollars.
For purchase of clothing and small stores for issue to the naval Clothing, etc.service, the present fund being inadequate to meet the requirements of the service at this time, to be added to the “Clothing and small stores fund,” one million dollars. public printing and binding. Public printing and binding. For printing and binding for the Navy Department and its bureaus, Navy Department.to be executed under the direction of the Public Printer, twenty thousand dollars. TREASURY DEPARTMENT. engraving and printing.
Treasury Department. Engraving and printing. Salaries. For labor and expenses of engraving and printing: For salaries of all necessary clerks and employees other than plate printers and plate printers’ assistants, to be expended under the direction of the Secretary of the Treasury, twenty thousand dollars. For wages of plate printers, at piece rates to be fixed by the Secretary Wages.of the Treasury, not to exceed the rates usually paid for such 440FIFTY-FIFTH CONGRESS. Sess.
II. Chs. 395, 423, 446. 1898.work, including the wages of printers’ assistants, at one dollar and twenty-five cents a day each, when employed, to be expended under the direction of the Secretary of the Treasury, twelve thousand dollars. Materials. For engravers’, printers’ and other materials, except distinctive paper, and for miscellaneous expenses, to be expended under the direction of the Secretary of the Treasury, eighteen thousand dollars. Appropriations available until December 31, 1898.
That the appropriations made by this Act, except as otherwise provided, shall remain available for payment of liabilities which may be incurred to and including December thirty-first, eighteen hundred and ninety-eight. Approved, June 8, 1898. Chapter 423: For revising and perfecting the classification of letters patent and printed publications in the Patent Office. 30 Stat. 440 1898-06-10 Chapter 423 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 423.— An Act For revising and perfecting the classification of letters patent and printed publications in the Patent Office. June 10, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That for the purpose of determining Patent Office. Revision of classification of letters patent, etc.with more readiness and accuracy the novelty of inventions for which applications for letters patent are or may be filed in the United States Patent Office, and to prevent the issuance of letters patent of the United States for inventions which are not new, the Commissioner of Patents is hereby authorized and directed to revise and perfect the classification, by subjects-matter, of all letters patent and printed publications in the United States Patent Office which constitute the field of search in the examination as to the novelty of invention for which applications for patents are or may be filed.
Additional employees. *Post,* p. 672. Sec. 2. That for the purpose of enabling the Commissioner of Patents to carry out the provisions of this Act the Secretary of the Interior is hereby authorized to appoint from time to time, in the manner already provided for by law, such additional number of principal examiners, assistant examiners, first-class clerks, copyists, laborers, assistant messengers, *Proviso.* Limit.and messenger boys as he may deem necessary: *Provided, however,* That the whole number of additional employees shall not exceed three principal examiners, two first assistant examiners, two second assistant examiners, six third assistant examiners, five fourth assistant examiners, four first-class clerks, four copyists, six laborers, six assistant messengers, and six messenger boys; that the annual expenses for this additional force shall not exceed the sum of sixty-two thousand eight hundred and eighty dollars.
Approved, June 10, 1898. Chapter 446: Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine. 30 Stat. 440 1898-06-13 Chapter 446 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 446.— An Act Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine.
June 13, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the following sums be, Postal service appropriations. Vol. 5, p. 80.and they are hereby, appropriated for the service of the Post-Office Department, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: office of the postmaster general. Postmaster General. Advertising. For advertising, five thousand dollars. Miscellaneous.
For miscellaneous items in the office of the Postmaster-General, one thousand dollars. Postal laws, appropriation for printing, etc., revised edition. For printing and binding a revised edition of the postal laws and regulations, consisting of one hundred thousand copies, such edition to be prepared under the direction of the Postmaster-General and printed at the Government Printing Office; and the Postmaster-General may FIFTY-FIFTH CONGRESS. Sess. II. Ch. 446. 1898.441authorize the sale of copies of such edition not needed for the use of the Department to individuals at the cost thereof and ten per centum added, the proceeds of such sales to be deposited in the Treasury as part of the postal revenues, thirty nine thousand eight hundred and sixty-two dollars: *Provided,* That no part of this appropriation shall *Proviso.* Not available for compilation.be used for the purpose of compiling the above publication. office of the first assistant postmaster-general.
First Assistant Postmaster-General. For compensation to postmasters, sixteen million seven hundred and fifty thousand dollars. Postmasters. For compensation to clerks in post-offices, eleven million one hundred Clerks. *Proviso.* Substitutes for clerks acting as witnesses.thousand dollars: *Provided,* That the Postmaster-General be, and he is hereby, authorized to employ substitutes in the place of clerks subpœnaed as witnesses in the United States courts in cases arising under the United States laws, and to expend for the employment of such substitutes a sum equal to the compensation allowed the clerks during the time actually absent from duty attending court.
For rent, light, and fuel for first, second, and third class post-offices, Rent, light, and fuel. *Proviso.* Limit, third-class officers.one million seven hundred thousand dollars: *Provided,* That there shall not be allowed for the use of any third-class post-office for rent a sum in excess of four hundred dollars, nor more than sixty dollars for fuel and lights, in any one year: *And provided further,* That the Postmaster-General Lease of premises for first, second, and third class offices.may, in the disbursement of this appropriation, apply a part thereof to the purpose of leasing premises for the use of post offices of the first, second, and third classes at a reasonable annual rental, to be paid quarterly for a term not exceeding ten years.
For necessary miscellaneous and incidental items directly connected Miscellaneous.with first and second class post-offices, including furniture, one hundred and seventy-five thousand dollars: *Provided,* That the Postmaster-General, *Proviso.* Expenditures without consent of Postmaster-General.in his discretion, under such regulations as he shall prescribe, may authorize any of the postmasters of said offices to expend the fund he may allow them for such purposes without the written consent of the Postmaster-General.
For advertising at first and second class post-offices, twenty thousand dollars. Advertising. Free-delivery service: For pay of letter carriers in offices Free delivery. Letter carriers.already established, and for substitute letter carriers and for temporary carriers at summer resorts, holiday and election service, thirteen million eighty-five thousand four hundred dollars. For pay of letter carriers in new offices entitled to free-delivery service —new offices.under existing law, fifty thousand dollars.
For horse-hire allowance, three hundred and eighty thousand dollars. Horse hire. Car fare, etc. For car fare and bicycle allowance, one hundred and eighty-five thousand dollars. For incidental expenses, including twelve mechanics in the six largest Incidentals.cities, exclusively employed in repairing boxes and locks, and erecting boxes, planting posts and pedestals, at nine hundred dollars per annum: letter boxes, package boxes, posts, satchels, repairs, marine free delivery service at Detroit, one hundred thousand dollars; in all, thirteen million eight hundred thousand four hundred dollars: *Provided,* That ten *Proviso.* Interchangeable expenditures.per centum of the foregoing amounts for free-delivery service may be available interchangeably for expenditure on the objects named, but no one item of appropriation shall thereby be increased more than ten per centum.
For experimental rural free delivery, including pay of carriers, horse-hire Rural free delivery.allowance, supplies, and mechanical appliances, one hundred and fifty thousand dollars. For stationery in post-offices, fifty-five thousand dollars. Stationery. Twine. Paper. Scales. For wrapping twine, ninety thousand dollars. For wrapping paper, forty-five thousand dollars. For letter balances, scales, and test weights, and repairs to same, seven thousand five hundred dollars. 442 Canceling, etc., stamps.
For postmarking and rating stamps, and repairs to same, and ink and pads for stamping and canceling purposes, twenty-seven thousand dollars. Packing boxes, etc. For packing boxes, sawdust, paste, and hardware, one thousand dollars. Printing. For printing facing slips and cutting same, card slide labels, blanks, and books of an urgent nature for the postal service, twenty thousand dollars. Canceling machines. For rental or purchase of canceling machines, one hundred thousand dollars.
Books, etc. Blanks, blank books, and printed matter for the money-order service, one hundred and twenty thousand dollars. Money-order stamps, etc. Stamps and articles pertaining thereto, and metal cutters, for the money-order service, two thousand five hundred dollars. —stationery. Stationery and necessary miscellaneous and incidental expenses for the money-order service, seven thousand dollars. Temporary post-offices at camps. For the establishment and maintenance during the existing war, in the discretion of the Postmaster-General, of temporary post-offices at military posts or camps for the purpose of supplying the officers and troops there encamped with mails, the location of any such post-office to be changed to any other post or camp, in the discretion of the Postmaster-General, fifty thousand dollars. office of the second assistant postmaster-general.
Second Assistant Postmaster-General. Inland mail transportation. Star routes. For inland mail transportation, namely: Inland transportation by star routes, including temporary service to newly established offices, five million and ninety-five thousand dollars. Steamboat routes. For inland transportation by steamboat routes, four hundred and fifty thousand dollars. Messenger service. For mail-messenger service, nine hundred and fifty thousand dollars. Pneumatic tubes, etc. For transportation of mail by pneumatic tube or other similar devices, by purchase or otherwise, two hundred and twenty-five thousand *Proviso.* Limitation.dollars: *Provided,* That no part of this appropriation shall be used in extending such pneumatic service beyond the service for which con-tracts already are entered into, and no additional contracts shall be made unless hereafter authorized by law.
Wagon, etc., service. For regulation, screen, or other wagon service, seven hundred and fifty thousand dollars. Bags, catchers, etc. For mail bags and mail-bag catchers, cord fasteners, label cases, and for labor and material necessary for repairing equipment, two hundred and seventy-five thousand dollars. Locks, keys, etc. For mail locks and keys, chains, tools, and machinery, and for labor and material necessary for repairing same, forty-eight thousand dollars. Repair shop.
For rent of building for a mail-bag repair shop and lock-repair shop, and for fuel, gas, watchmen and charwoman, oil, and repair of machinery for said shops, eight thousand five hundred dollars. Railroad routes. For inland transportation by railroad routes, of which a sum not exceeding thirty thousand dollars may be employed to pay freight on postal cards, stamped envelopes, and stamped paper, and other supplies from the manufactories to the post-offices and depots of *Proviso.* Fraudulent increase of weight of mails.distribution, thirty million five hundred thousand dollars: *Provided,* That any person or persons who shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mails with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail matter may pass, shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined not less than five hundred dollars nor more than twenty thousand dollars, and shall be imprisoned at hard labor not less than thirty days nor more than five years.
Post-office ears. For railway post-office car service, four million dollars. Railway mail clerks. For railway post-office clerks, eight million four hundred and twenty-five thousand dollars, of which sum not to exceed fifteen thousand dol-443lars may be used to pay necessary traveling expenses of chief clerks and railway postal clerks traveling on duty under order of the Postmaster-General. For inland transportation of mail by electric and cable ears, three Electric and cable car service. *Proviso.* Present rates to continue.hundred thousand dollars: *Provided,* That the rate of compensation to be paid per mile shall not exceed the rate now paid to companies performing said service.
For necessary and special facilities on trunk lines from New York Special facilities.and Washington, to Atlanta and New Orleans, one hundred and seventy-one thousand two hundred and thirty-eight dollars and seventy-five cents: *Provided,* That no part of the appropriation made by this *Proviso.* Condition.paragraph shall be expended unless the Postmaster-General shall deem such expenditure necessary in order to promote the interest of the postal service. For continuing necessary and special facilities on trunk lines from Kansas City, Missouri, to Newton, Kansas, twenty-five thousand dollars, or so much thereof as may be necessary: *Provided,* That no part of this appropriation shall be expended unless the Postmaster-General shall deem such expenditure necessary in order to promote the interest of the postal service.
All railway companies carrying mail may furnish free transportation Free transportation to clerks.on the line of their respective roads to railway mail clerks. For miscellaneous items, including railway guides, city directories, Miscellaneous.and other books and periodicals necessary in connection with mail transportation, one thousand dollars. For transportation of foreign mails, one million eight hundred and Foreign mails. Oceanic Steamship Company.fifty thousand dollars, including additional compensation to the Oceanic Steamship Company for transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, eighty thousand dollars: *Provided,* That *Provisos.* Limit.the sum paid the said Oceanic Steamship Company shall not exceed two dollars per mile, as authorized by Act of March third, eighteen hundred Vol. 26, p. 832.and ninety-one, entitled “An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce:” *And provided further,* That hereafter the Postmaster-General Clerks on steamers.shall be authorized to expend such sums as may be necessary, not exceeding fifty-five thousand dollars, to cover one-half of the cost of transportation, compensation, and expense of clerks to be employed in assorting and pouching mails in transit on steamships between the United States and other postal administrations in the International Postal Union; and not exceeding forty thousand dollars for transferring Transfers at New York.the foreign mail from incoming steamships in New York Bay to the several steamship and railway piers, and between the steamship piers in New York City and Jersey City and the post-office and railroad stations.
For balances due foreign countries, one hundred and forty-two thousand dollars. Balances due foreign countries. office of the third assistant postmaster-general. Third Assistant Post master-General. For manufacture of adhesive postage and special-delivery stamps, one hundred and seventy-eight thousand dollars: *Provided,* That after Stamps. *Provisos.* Newspaper and periodical stamps discontinued, etc.the thirtieth day of June, eighteen hundred and ninety-eight, the use of newspaper and periodical stamps may be discontinued; and all postage on second-class matter mailed shall be collected and accounted for under such regulations as the Postmaster-General may prescribe: *And provided further,* Prepayment second-class matter not affected.
Vol. 20, p. 359. Franking privilege. Weight limit on correspondence extended. Vol. 28, p. 622.That this shall in no manner be construed so as to repeal the present law requiring prepayment of postage upon second-class mail matter: *And provided further,* That hereafter the Vice-President, Members and Members-elect of and Delegates and Delegates-elect to Congress shall have the privilege of sending free through the mails, and under their frank, any mail matter to any Government 444official or to any person, correspondence, not exceeding two ounces in weight, upon official or departmental business.
Distribution of stamps. For pay of agents and assistants to distribute stamps, and expenses of agency, twelve thousand dollars. Stamped envelopes, etc. For manufacture of stamped envelopes and newspaper wrappers, eight hundred thousand dollars. —distribution. For pay of agents and assistants to distribute stamped envelopes and newspaper wrappers, and expenses of agency, seventeen thousand eight hundred dollars. Postal cards. For manufacture of postal cards, one hundred and forty-three thousand dollars. —distribution.
For pay of agent and assistants to distribute postal cards, and expenses of agency, seven thousand dollars. Official, etc., envelopes. For registered package, tag, official, and dead-letter envelopes, one hundred thousand dollars. Ship, etc., letters. For ship, steamboat, and way letters, one thousand dollars. Indemnity for loss of registered matter. Vol, 29, p. 599. For payment of limited indemnity for the loss of pieces of first-class registered matter, as provided for in the Act of Congress, approved February twenty seventh, eighteen hundred and ninety-seven, entitled “An Act to amend the postal laws providing limited indemnity for loss of registered mail matter,” six thousand dollars.
Miscellaneous. For miscellaneous items, five hundred dollars. office of the fourth assistant postmaster-general. Fourth Assistant Postmaster-General. Mail depredations. For mail depredations and post office inspectors, including salaries of inspectors and clerks, and for per diem allowance to inspectors in the field while actually traveling on business of the Department, four hundred and thirty thousand dollars. Rewards. For payment of rewards for the detection, arrest, and conviction of post-office burglars, robbers, and highway mail robbers, twenty-five thousand dollars.
R. S. sec. 3918, p. 766, amended. Sec. 2. Section thirty-nine hundred and forty-eight of the Revised Statutes is hereby amended so as to read as follows: Destruction authorized of unaccepted proposals for carrying the mails. "“Sec. 3948. The Postmaster-General shall have recorded, in a book to be kept for that purpose, a true and faithful abstract of all proposals made to him for carrying the mail, giving the name of the party offering, the terms of the offer, the sum to be paid, and the time the contract is to continue; and he shall put on file and preserve the originals of all such proposals until the end of the contract term to which they relate, after which the proposals that were not accepted may be destroyed or disposed of as waste paper. —of certain other papers.
"“The reports of the arrivals and departures of the mails on mail routes made and sent by postmasters to the Second Assistant Postmaster-General, on which no fines or deductions from the pay of contractors for carrying the mails have been based, and the certificates of oaths taken by carriers on mail routes may be disposed of as waste paper after the expiration of one year from the end of the contract term to which they relate.”"" Requirement of bonds from assistant postmasters, etc.
Sec. 3. That assistant postmasters and cashiers at first, second, and third class post-offices, and when deemed necessary by the Postmaster General for the better protection of the interests of the Government any other employees in such offices, shall, before entering upon the duties of their office give bond to the United States with good and approved security, and in such penalty as the Postmaster-General shall prescribe, conditioned for the faithful discharge of all duties and trusts imposed upon them either by law or the rules and regulations of the Post-Office Department.
Return to sender of second, third, and fourth class matter only when prepaid. *Proviso.* —exception. Sec. 4. That second, third, and fourth class mail matter shall not be returned to sender or re-mailed until the postage has been fully prepaid on the same: *Provided,* That in all cases where undelivered matter of these classes is of obvious value, the sender, if known, shall be notified of the fact of nondelivery, and be given the opportunity of prepaying the return postage. FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 446, 447. 1898. 445 Sec. 5. That a commission consisting of the chairmen of the Committees Congressional commission to investigate postal expenditures, etc. *Post,* p. 966.on Post-Offices and Post-Roads of the Senate and House of Representatives, and three members of the Senate, to be appointed by the President of the Senate, and three members of the House of Representatives, to be appointed by the Speaker, is hereby created to investigate the question whether or not excessive prices are paid to the railroad companies for the transportation of the mails and as compensation for postal-ear service, and all sources of revenue and all expenditures of the postal service, and rates of postage upon all postal matter.
Said commission is authorized to employ experts to aid in the work Clerks, etc.of inquiry and examination; also to employ a clerk and stenographer and such other clerical assistance as may be necessary, said experts and clerks to be paid such compensation as the said commission may deem just and reasonable. The Postmaster-General shall detail, from time to time, such officers Detail of postal employees.and employees as may be requested by said commission in its investigation.
For the purposes of the investigation, said commission is authorized Powers of commission.to send for persons and papers, and, through the chairman of the commission or the chairman of any subcommittee thereof, to administer oaths and to examine witnesses and papers respecting all matters pertaining to the duties of said commission, and to sit during the recess of Congress. Said commission shall, on or before February first, eighteen hundred Report.and ninety-nine, make report to Congress, which report shall embrace the testimony and evidence taken in the course of the investigation, also the conclusions reached by said commission on the several subjects examined, and any recommendations said commission may see proper to make by bill or otherwise with the view of correcting any abuses or deficiencies that may be found to exist.
The sum of twenty thousand dollars, or so much thereof as may be Appropriation for expenses.necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the necessary expenses of said commission, such payments to be made on the certificate of the chairman of said commission. Any vacancy occurring in the membership of said commission, by Vacancies, how filled.resignation or otherwise, shall be filled by the presiding officer of the Senate or House, respectively, according as the vacancy occurs in the Senate or House representation on said committee.
Sec. 6. That if the revenues of the Post Office Department shall be Appropriation for deficiencies in revenues.insufficient to meet the appropriations made by this Act, a sum equal to such deficiency of the revenues of said Department is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to supply said deficiencies in the revenues for the Post-Office Department for the year ending June thirtieth, eighteen hundred and ninety-nine. Approved, June 13, 1898.
Chapter 447: To authorize the extension eastwardly of the Columbia Railway. 30 Stat. 445 1898-06-13 Chapter 447 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 447.— An Act To authorize the extension eastwardly of the Columbia Railway. June 13, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Columbia Railway District of Columbia.
Extension of lines of Columbia Railway. Vol. 16, p. 133.Company, incorporated under an Act of Congress approved May twenty-fourth, eighteen hundred and seventy, be, and it is hereby, authorized to extend its lines and to locate, construct, equip, and maintain and operate a single or double track railway, and all necessary depots, stations, sidings, switches, and turn outs, and to run cars thereon propelled by cable, electric, compressed air, or other mechan-446FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 447. 1898.ical power, except steam locomotives, to be approved by the Commissioners of the District of Columbia, and to carry passengers, parcels, milk, truck, and merchandise over and along the following routes and Location.roads in the District of Columbia, to wit: Beginning at the present eastern terminus of the railway of said company as now laid down and constructed on Benning road: thence along the north side of said road, but outside of the limits thereof, to the western edge or shore line of the Eastern Branch of the Potomac River; thence over the flats of said branch and over said branch by a wooden trestle bridge to the eastern edge or shore of said branch; thence to a point at or near the intersection of said Benning road with the road north of the Baltimore and Potomac Railroad known as the Race Course road; thence along the said Face Course road, but outside its limits, to the Anacostia road; thence along said Anacostia road, but outside its limits, to Watts Creek; thence east across said Anacostia road, and, by a proper subway, underneath the tracks of the Baltimore and Potomac and Baltimore and Ohio railroads, to a point at or near the eastern corner of the District of Columbia, with a branch from the intersection of said Watts Creek and Anacostia road along Anacostia road, but outside its limits, to its intersection with the eastern boundary line of the.
District of Columbia: *Provisos.* District Commissioners to approve plans, etc. Bridge, Eastern Branch.*Provided,* That the location of said routes and the plans and specifications for the construction of the said railway lines, depots, and stations shall be subject to the approval of the Commissioners of the District of Columbia, and that the said company shall, whenever the fiats of the said Eastern Branch shall be reclaimed, construct in the place and stead of the trestle bridge herein provided for a permanent structure, to be approved by the Commissioners of the District of Columbia:Overhead trolleys.*And provided further,* That overhead trolleys shall not be used on the lines of the said company farther west on said railroad than Fifteenth Earth connections.street northeast.
That wherever electric power propulsion is adopted upon the extension herein authorized, or on any other portion of the line of said Columbia Railway Company, no portion of the electrical circuit shall be through the earth, but a return circuit of proper capacity and located similarly to the feed-wire circuit shall be provided for the electrical current, and that whenever the trolley system is used each ear shall be provided with a double trolley, and that no earth connection shall be made with any dynamo furnishing power for the road.
Crossing Eastern Branch flats.The said company is hereby authorized to construct a roadbed or causeway on which to lay the tracks of its railway across the flats of said Eastern Branch from the western shore or edge to the channel thereof. Time for completion of lines. Sec. 2. That the main line hereby authorized to a point, at or near the eastern corner of the District of Columbia shall be completed within one year from the date of the approval of this Act, and the branch from said Watts Creek along said Anacostia road shall be completed within two years from the date of the approval of this Act.
Fares. Sec. 3. That only one fare for a continuous ride over the route described in the company’s charter, and over the extensions hereby authorized or any part thereof, shall be charged for each passenger. Obstruction of tracks. Sec. 4. That the said company shall have at all times the free and uninterrupted use of the line and tracks hereby authorized, and if any person or persons shall willfully, mischievously, and unlawfully obstruct or impede the passage of cars of said railway company with a vehicle or vehicles, or otherwise, or in any manner molest or interfere with Injury to property.passengers or operatives while in transit, or destroy or injure the cars of said railway, or depots, stations, or other property belonging to —penalty.the said railway company, the person or persons so offending shall forfeit and pay for each such offense a sum not exceeding one hundred dollars, to be recovered as other fines and penalties are recovered in said District, and all persons so offending shall remain liable, in addition to said penalty, for any loss or damage occasioned by his or her or their act as aforesaid; but no suit shall be brought to enforce such lines and penalties or to recover for any such loss or damage unless commenced within sixty days after the offense shall have been committed. 447 Sec. 5.
That the said company shall have the right to acquire and Right of way.obtain the right of way over and through the land on which the aforesaid lines and routes may be located, and to acquire and hold land for necessary depots, stations, offices, store and power houses, and workshops; and in the event that said company shall not be able to come Condemnation proceedings.to an agreement with the owners of any land through which the said line and routes may be located, or on which it may be necessary to erect depots, stations, offices, store and power houses, or workshops, proceedings for the condemnation for the use of the company of so much land as may be required for right of way, not exceeding thirty feet in width, and for the necessary depots, stations, offices, store and power houses, and workshops may be instituted in the supreme court of the District of Columbia under and in accordance with the provisions of sections two hundred and fifty-seven to two hundred and sixty-seven, both inclusive, of the Revised Statutes of the United States relating R.
S., D. C., secs. 257–267, p. 29.to the District of Columbia, being the laws governing the condemnation of lands in said District for public highways: *Provided,* That it *Provisos.* Marshal to summon jury, etc.shall be the duty of the marshal of the said District, upon the request of said railway company, to summon all necessary jurors and to exercise the powers and authority conferred upon him by said laws: *And provided further,* That the costs and expenses of all such proceedings Expenses.
Location Benning road.shall be defrayed by the said railway company. The Commissioners of the District of Columbia are authorized and empowered to locate the lines of the railway of said company within the said area, thirty feet in width, so to be acquired as aforesaid, north of the present northern line of said Benning Inclusion in future highways of right of way, etc.road. In the event that said Benning road and other roads mentioned in section one shall be widened to a width of ninety or more feet, and further, in the event of any portions of the right of way being included in highways to be opened in future, then, and in such cases, the said company shall convey to the District of Columbia, for the use of the public, the right of way over the said area of thirty feet in width, subject, however, to the right of the said company to use and occupy the same for the operation and maintenance of its said road.
Sec. 6. That the said railway company shall have the right to issue Issue of bonds.bonds of said company to an amount necessary to cover the cost of locating, constructing, and equipping the said extended lines of railway tracks and the depots, stations, offices, store and power houses, and workshops necessary to the proper operation thereof, and to secure the same by a mortgage or deed of trust covering its corporate franchises and properties, or such portion thereof as may be necessary for that purpose: *Provided, however,* That the total issue of said bonds *Provisos.* —limit. —fixing amount of issue.shall not in the aggregate exceed the actual cost of the construction and equipment hereinbefore authorized; and before any bond or trust deed shall be executed, the amount thereof shall be ascertained and fixed by the Commissioners of the District of Columbia; and for this purpose said Commissioners are hereby authorized to subpoena and examine witnesses and take such testimony as maybe necessary to enable them to make such determination and fix the amount of issue: *And provided further,* Appeal.That an appeal may be taken from the decision of said Commissioners to the supreme court of the District of Columbia.
And all bonds issued in excess of the amount authorized by said Commissioners Excessive issue void.or said court, or in violation of the provisions of this Act, shall be null and void. Sec. 7. That the said railway company is authorized and empowered Joint use of extension by connecting, etc., railways.to contract with any railway company owning and operating, or which may hereafter own and operate, any railway connecting or intersecting the extension of the Columbia Railway herein authorized, for the joint use, management, or lease of said extended lines, or either of them, or any part thereof, upon such terms as may be agreed upon between such companies: *Provided,* That steam power shall not be used upon any *Proviso.* Steam power on highways, etc.portion of the route named herein which is or may hereafter be included within the limits of highways, nor west of the present tracks of the 448FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 447, 448. 1898. Use of lines by intersecting, etc., railways.Baltimore and Ohio and Baltimore and Potomac railroads: *And provided further,* That nothing herein contained shall be construed to prohibit the Congress from authorizing any other railroad company owning and operating or to own and operate any connecting or intersecting railway to use said extended lines, or either of them, or any part thereof, upon such terms as it may prescribe. Obligations of charter, etc., applicable to extension.
Sec. 8. That the rights conferred and the duties and obligations imposed upon said company by its charter, or by subsequent legislation, shall be held to extend and apply to the extensions herein provided *Proviso.* Eight of way of other companies. Amendment.for: *Provided,* That nothing herein shall be construed to authorize the Columbia Railway to occupy the right of way of any other company. Sec. 9. That Congress reserves to itself the right to alter, amend, or repeal this Act.
Approved, June 13, 1898. Chapter 448: To provide ways and means to meet war expenditures, and for other purposes. 30 Stat. 448 1898-06-13 Chapter 448 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 448.— An Act To provide ways and means to meet war expenditures, and for other purposes.
June 13, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there shall be paid, in lieu Taxes to meet war expenditures. —on fermented liquors.of the tax of one dollar now imposed by law, a tax of two dollars on all beer, lager beer, ale, porter, and other similar fermented liquors, brewed or manufactured and sold, or stored in warehouse, or removed for consumption or sale, within the United States, by whatever name such liquors may be called, for every barrel containing not more than thirty-one gallons: and at a like rate for any other quantity or for the fractional R.
S., sec. 3339, p. 651, amended. *Provisos.* Stamp discount. Collection, etc., of additional tax on liquors in warehouse.parts of a barrel authorized and defined by law. And section thirty-three hundred and thirty-nine of the Revised Statutes is hereby amended accordingly: *Provided,* That a discount of seven and one-half per centum shall be allowed upon all sales by collectors to brewers of the stamps provided for the payment of said tax: *Provided further,* That the additional tax imposed in this section on all fermented liquors stored in warehouse to which a stamp had been affixed shall be assessed and collected in the manner now provided by law for the collection of taxes not paid by stamps. special taxes.
Special taxes. Sec. 2. That from and after July first, eighteen hundred and ninety-eight, special taxes shall be, and hereby are, imposed annually as follows, that is to say: —on bankers. One. Bankers using or employing a capital not exceeding the sum of twenty-five thousand dollars shall pay fifty dollars; when using or employing a capital exceeding twenty-five thousand dollars, for every additional thousand dollars in excess of twenty-five thousand dollars, two dollars, and in estimating capital surplus shall be included.
The amount of such annual tax shall in all cases be computed on the basis —definition.of the capital and surplus for the preceding fiscal year. Every person, firm, or company, and every incorporated or other bank, having a place of business where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted upon draft, check, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received for discount *Proviso.* Exception.or sale, shall be a banker under this Act: *Provided,* That any savings bank having no capital stock, and whose business is confined to receiving deposits and loaning or investing the same for the benefit of its depositors, and which does no other business of banking, shall not be subject to this tax. —on brokers. —defnition.
Two. Brokers shall pay fifty dollars. Every person, firm, or company, whose business it is to negotiate purchases or sales of stocks, bonds, exchange, bullion, coined money, bank notes, promissory notes, or other FIFTY-FIFTH CONGRESS. Sess. II. Ch. 448. 1898.449securities, for themselves or others, shall be regarded as a broker: *Provided,* That any person having paid the special tax as a banker shall *Proviso.* Bankers not taxable as brokers.not be required to pay the special tax as a broker.
Three. Pawnbrokers shall pay twenty dollars. Every person, firm, —on pawnbrokers. —definition.or company whose business or occupation it is to take or receive, by way of pledge, pawn, or exchange, any goods, wares, or merchandise, or any kind of personal property whatever, as security for the repayment of money loaned thereon, shall be deemed a pawnbroker. Four. Commercial brokers shall pay twenty dollars. Every person, Tax on commercial brokers. —definition.firm or company whose business it is as a broker to negotiate sales or purchases of goods, wares, produce, or merchandise, or to negotiate freights and other business for the owners of vessels, or for the shippers or consignors or consignees of freight carried by vessels, shall be regarded as a commercial broker under this Act.
Five. Custom house brokers shall pay ten dollars. Every person, —on custom-house brokers. —definition.firm, or company whose occupation it is, as the agent of others, to arrange entries and other custom-house papers, or transact business at any port of entry relating to the importation or exportation of goods, wares, or merchandise, shall be regarded as a custom-house broker. Six. Proprietors of theaters, museums, and concert halls in cities —on theaters, museums, and concert halls. —definitions.having more than twenty-five thousand population as shown by the last preceding United States census, shall pay one hundred dollars.
Every edifice used for the purpose of dramatic or operatic or other representations, plays, or performances, for admission to which entrance money is received, not including halls rented or used occasionally for concerts or theatrical representations, shall be regarded as a theater: *Provided,* *Proviso.* Payment by lessees.That whenever any such edifice is under lease at the passage of this Act, the tax shall be paid by the lessee, unless otherwise stipulated between the parties to said lease.
Seven. The proprietor or proprietors of circuses shall pay one hundred —on circuses. —definition.dollars. Every building, space, tent, or area where feats of horsemanship or acrobatic sports or theatrical performances are exhibited shall be regarded as a circus: *Provided,* That no special tax *Proviso.* Payment of tax in one State, etc., not an exemption in other States, etc.paid in one State, Territory, or the District, of Columbia shall exempt exhibitions from the tax in another State, Territory, or the District of Columbia, and but one special tax shall be imposed for exhibitions within any one State, Territory, or District.
Eight. Proprietors or agents of all other public exhibitions or shows —on public exhibitions unenumerated. *Proviso.* Payment of tax in one State, etc., not an exemption in other States, etc.for money not enumerated in this section shall pay ten dollars: *Provided,* That a special tax paid in one State, Territory, or the District of Columbia shall not exempt exhibitions from the tax in another State, Territory, or the District of Columbia, and but one special tax shall be required for exhibitions within any one State, Territory, or the District of Columbia.
Nine. Proprietors of bowling alleys and billiard rooms shall pay five —on bowling alleys and billiard tables. —definitions.dollars for each alley or table. Every building or place where bowls are thrown or where games of billiards or pool are played, and that are open to the public with or without price, shall be regarded as a bowling alley or a billiard room, respectively. tobacco, cigars, cigarettes, and snuff. Tobacco, cigars, cigarettes, and snuff. Sec. 3. That there shall, in lien of the tax now imposed by law, be Tax on tobacco and snuff.
Vol. 26, p. 619.levied and collected a tax of twelve cents per pound upon all tobacco and snuff, however prepared, manufactured, and sold, or removed for consumption or sale; and upon cigars and cigarettes which shall be —on cigars and cigarettes. *Ante,* p. 206.manufactured and sold, or removed for consumption or sale, there shall be levied and collected the following taxes, to be paid by the manufacturer thereof, namely, a tax of three dollars and sixty cents per thousand on cigars of all descriptions made of tobacco, or any substitute therefor, and weighing more than three pounds per thousand, and of one dollar per thousand on cigars made of tobacco or any substitute therefor, and weighing not more than three pounds per thousand; and 450a tax of three dollars and sixty cents per thousand on cigarettes made of tobacco or any substitute therefor, and weighing more than three pounds per thousand; and one dollar and fifty cents per thousand on cigarettes made of tobacco or any substitute therefor, and weighing not *Proviso.* Packages of smoking tobacco and snuff.
Vol. 20, p. 345.more than three pounds per thousand: *Provided,* That in lieu of the two, three, and four ounce packages of tobacco and snuff now authorized by law, there may be packages thereof containing one and two thirds ounces, two and one-half ounces, and three and one-third ounces, respectively, and in addition to packages now authorized by law, there may be packages containing one ounce of smoking tobacco. Additional tax on articles removed for sale, etc., bearing old stamps.
And there shall also be assessed and collected with the exceptions hereinafter in this section provided for, upon all the articles enumerated in this section which were manufactured, imported, and removed from factory or custom-house before the passage of this Act bearing tax stamps affixed to such articles for the payment of the taxes thereon, and canceled subsequent to April fourteenth, eighteen hundred and ninety-eight, and which articles were at the time of the passage of this Act held and intended for sale by any person, a tax equal to one-half the difference between the tax already paid on such articles at the time of removal from the factory or custom-house and the tax levied in this Act upon such articles.
Returns of stock having paid former tax. Every person having on the day succeeding the date of the passage of this Act any of the above-described articles on hand for sale in excess of one thousand pounds of manufactured tobacco and twenty thousand cigars or cigarettes, and which have been removed from the factory where produced or the custom-house through which imported, bearing the rate of tax payable thereon at the time of such removal, shall make a full and true return under oath in duplicate of the quantity thereof, in pounds as to the tobacco and snuff and in thousands Form of return, etc.as to the cigars and cigarettes so held on that day, in such form and under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe.
Such returns shall be made and delivered to the collector or deputy collector for the proper internal-revenue district within thirty days after the passage of this Act. One of said returns shall be retained by the collector and the other forwarded to the Commissioner of Internal Revenue, together with the assessment list for the month in which the Collection of additional tax.return is received, and the Commissioner of Internal Revenue shall assess and collect the taxes found to be due, as other taxes not paid by stamps are assessed and collected.
Appropriation for deputy collectors, clerks, etc. *Post,* pp. 696, 865. And for the expense connected with the assessment and collection of the taxes provided by this Act there is hereby appropriated the sum of one hundred thousand dollars, or so much thereof as may be required, out of any moneys in the Treasury not otherwise appropriated, for the employment of such deputy collectors and other employees in the several collection districts in the United States, and such clerks and employees in the Bureau of Internal Revenue as may, in the discretion of the Commissioner of Internal Revenue, be necessary for a period not exceeding one year, to be compensated for their services by such allowances as shall be made by the Secretary of the Treasury, upon the recommendation Additional internal-revenue agents.of the Commissioner of Internal Revenue.
And the Commissioner of Internal Revenue is authorized to employ ten agents, to be known and designated as internal-revenue agents, in addition to R. S., 3152, p. 004. Vol. 20, p. 329.the number now authorized in section thirty-one hundred and fifty-two of the Revised Statutes as amended, and the existing provisions of law in all other respects shall apply to the duties, compensation, and expenses of such agents. tobacco dealers and manufacturers. Tobacco dealers and manufacturers.
Tax on dealers. Sec. 4. That from and after July first, eighteen hundred and ninety-eight, special taxes on tobacco dealers and manufacturers shall be and —how computed.hereby are imposed annually as follows, the amount of such annual 451taxes to be computed in all cases on the basis of the annual sales for the preceding fiscal year: Dealers in leaf tobacco whose annual sales do not exceed fifty thousand pounds shall each pay six dollars. Dealers in leaf tobacco whose annual sales exceed fifty thousand and do not exceed one hundred thousand pounds shall pay twelve dollars, and if their annual sales exceed one hundred thousand pounds shall pay twenty-four dollars.
Dealers in tobacco whose annual sales exceed fifty thousand pounds shall each pay twelve dollars. Every person whose business it is to sell, or offer for sale, manufactured “Dealer,” defined.tobacco, snuff, or cigars shall be regarded as a dealer in tobacco: *Provided,* That no manufacturer of tobacco, snuff, or cigars shall be *Proviso.* Manufacturer not taxed as dealer, etc.required to pay a special tax as dealer in manufactured tobacco and cigars for selling his own products at the place of manufacture.
Manufacturers of tobacco whose annual sales do not exceed fifty Tax on manufacturers.thousand pounds shall each pay six dollars. Manufacturers of tobacco whose annual sales exceed fifty thousand and do not exceed one hundred thousand pounds shall each pay twelve dollars. Manufacturers of tobacco whose annual sales exceed one hundred thousand pounds shall each pay twenty-four dollars. Manufacturers of cigars whose annual sales do not exceed one hundred thousand cigars shall each pay six dollars.
Manufacturers of cigars whose annual sales exceed one hundred thousand and do not exceed two hundred thousand cigars shall each pay twelve dollars. Manufacturers of cigars whose annual sales exceed two hundred thousand cigars shall each pay twenty-four dollars. And every person who carries on any business or occupation for Penalty for failure to pay tax.which special taxes are imposed by this Act, without having paid the special tax herein provided, shall, besides being liable to the payment of such special tax, be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a line of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court.
Sec. 5. Until appropriate stamps are prepared and furnished, the Temporary use of old stamps.stamps heretofore used to denote the payment of the internal-revenue tax on fermented liquors, tobacco, snuff, cigars and cigarettes may be stamped or imprinted with a suitable device to denote the new rate of —to be marked to denote new rate. —issue of in lieu of unmarked stamps.tax, and shall be affixed to all packages containing such articles on winch the tax imposed by this Act is paid.
And any person having possession of unaffixed stamps heretofore issued for the payment of the tax upon fermented liquors, tobacco, snuff, cigars, or cigarettes shall present the same to the collector of the district, who shall receive them at the price paid for such stamps by the purchasers and issue in lieu thereof new or imprinted stamps at the rate provided by this Act. adhesive stamps. Adhevise stamps. Sec. 6. That on and after the first day of July, eighteen hundred and —on bonds, etc.ninety-eight, there shall be levied, collected, and paid, for and in respect of the several bonds, debentures, or certificates of stock and of indebtedness, and other documents, instruments, matters, and things mentioned and described in Schedule A of this Act, or for or in respect of the vellum, *Post,* p. 458.parchment, or paper upon which such instruments, matters, or things, or any of them, shall be written or printed by any person or persons, or party who shall make, sign, or issue the same, or for whose use or benefit the same shall be made, signed, or issued, the several taxes or sums of money set down in figures against the same, respectively, or otherwise specified or set forth in the said schedule.
And there shall also be levied, collected, and paid, for and in respect —on medicines, etc.to the medicines, preparations, matters, and things mentioned and described in Schedule B of this Act, manufactured, sold, or removed *Post,* p. 482.452for sale, the several taxes or sums of money set down in words or figures against the same, respectively, or otherwise specified or set forth in Schedule B of this Act. Penalty for failure to stamp. Sec. 7. That if any person or persons shall make, sign, or issue, or cause to be made, signed, or issued, any instrument, document, or paper of any kind or description whatsoever, without the same being duly stamped for denoting the tax hereby imposed thereon, or without having thereupon an adhesive stamp to denote said tax, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than one hundred dollars, at the discretion of the court, and such instrument, document, or paper, as aforesaid, shall not be competent evidence in any court.
Penalty for forging stamps dies, etc. Sec. 8. That if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp, die, plate, or other instrument, or any part of any stamp, die, plate, or other instrument which shall have been provided, or may hereafter be provided, made, or used in pursuance of this Act, or shall forge, counterfeit, or resemble, or cause —impression of stamps, dies, etc.or procure to be forged, counterfeited, or resembled, the impression, or any part of the impression, of any such stamp, die, plate, or other instrument as aforesaid, upon any vellum, parchment, or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper with any such forged or counterfeited stamp, die, plate, or other instrument, or part of any stamp, die, plate, or other instrument, as aforesaid, with intent to defraud the United —sale oft etc.States of any of the taxes hereby imposed, or any part thereof; or if any person shall utter, or sell, or expose for sale, any vellum, parchment, paper, article, or tiling having thereupon the impression of any such counterfeited stamp, die, plate, or other instrument, or any part of any stamp, die, plate, or other instrument, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the —use of, etc.same to be forged, counterfeited, or resembled; or if any person shall knowingly use or permit the use of any stamp, die, plate, or other instrument which shall have been so provided, made, or used as aforesaid, —removing impression, etc.with intent to defraud the United States; or if any person shall fraudulently cut, tear, or remove, or cause or procure to be cut, torn, or removed, the impression of any stamp, die, plate, or other instrument which shall have been provided, made, or used in pursuance of this Act from any vellum, parchment, or paper, or any instrument or wanting charged or chargeable with any of the taxes imposed by law; or if any person shall fraudulently use, join, fix, or place, or cause to be used, joined, fixed, or placed, to, with, or upon any vellum, parchment, paper, or any instrument or writing charged or chargeable with any of the taxes hereby imposed, any adhesive stamp, or the impression of any stamp, die, plate, or other instrument, which shall have been provided, made, or used in pursuance of law, and which shall have been cut, torn, or removed from any other vellum, parchment, or paper, or any instrument or writing charged or chargeable with any of the taxes —removal of cancelling mark. etc.imposed by law; or if any person shall willfully remove or cause to be removed, alter or cause to be altered, the canceling or defacing marks of any adhesive stamp with intent to use the same, or to cause the use of the same, after it shall have been once used, or shall knowingly or willfully sell or buy such washed or restored stamp, or offer the same for sale, or give or expose the same to any person for use, or knowingly use the same, or prepare the same with intent for the further use thereof; or if any person shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any washed, restored, or altered stamp which has been removed from any vellum, parchment, paper, instrument, or writing, then, and in every such case, every person so offending, and every person knowingly and willfully aiding, abetting, or assisting in committing any such offenses as aforesaid shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall forfeit the said counterfeit stamps and the articles upon which they are placed, and shall be punished by fine 453not exceeding one thousand dollars, or by imprisonment and confinement at hard labor not exceeding five years, or both, at the discretion of the court.
Sec. 9. That in any and all cases where an adhesive stamp shall be Cancellation.used for denoting any tax imposed by this Act, except as hereinafter provided, the person using or affixing the same shall write or stamp thereupon the initials of Ins name and the date upon which the same shall be attached or used, so that the same may not again be used. And if any person shall fraudulently make use of an adhesive stamp —penalty for failure to cancel.to denote any tax imposed by this Act without so effectually canceling and obliterating such stamp, except as before mentioned, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than fifty nor more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court: *Provided,* That any proprietor or proprietors of *Proviso.* Proprietary articles, use of personal stamp die of owner. *Post,* p. 462.proprietary articles, or articles subject to stamp duty under Schedule B of this Act, shall have the privilege of furnishing, without expense to the United States, in suitable form, to be approved by the Commissioner of Internal Revenue, his or their own dies or designs for stamps to be used thereon, tube retained in the possession of the Commissioner of Internal Revenue, for his or their separate use, which shall not be duplicated to any other person.
And the proprietor furnishing such dies or designs —purchase of stamps.shall be required to purchase stamps printed therefrom in quantities of not less than two thousand dollars face value at any one time. That in —cancellation.all cases where such stamp is used, instead of cancellation by initials and date, the said stamp shall be so affixed on the box, bottle, or package that in opening the same, or using the contents thereof, the said stamp shall be effectually destroyed; and in default thereof the party making default shall be liable to the same penalty imposed for neglect to affix said stamp as hereinbefore prescribed in this Act.
Any person —penalty for fraudulent use, etc.who shall fraudulently obtain or use any of the aforesaid stamps or designs therefor, and any person forging or counterfeiting, or causing or procuring the forging or counterfeiting, any representation, likeness, similitude, or colorable imitation of the said last-mentioned stamp, or any engraver or printer who shall sell or give away said stamps, or selling the same, or, being a merchant, broker, peddler, or person dealing, in whole or in part, in similar goods, wares, merchandise, manufactures, preparations, or articles, or those designed for similar objects or purposes, shall have knowingly or fraudulently in his, her, or their possession any such forged, counterfeited likeness, similitude, or colorable imitation of the said last-mentioned stamp, shall be deemed guilty of a crime, and. upon conviction thereof, shall be punished by a line not exceeding five hundred dollars or imprisonment not exceeding one year, or both.
Sec. 10. That if any person or persons shall make, sign, or issue, or Issue, acceptance, etc., of unstamped bills of exchange, drafts, etc., with intent to evade tax.cause to be made, signed, or issued, or shall accept or pay, or cause to be accepted or paid, with design to evade the payment of any stamp tax, any bill of exchange, draft, or order, or promissory note for the payment of money, liable to any of the taxes imposed by this Act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the tax hereby charged thereon, he, she, or they —penalty.shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars, at the discretion of the court.
Sec. 11. That the acceptor or acceptors of any bill of exchange or Foreign bills of exchange payable in the United States.order for the payment of any sum of money drawn, or purporting to be drawn, in any foreign country, but payable in the United States, shall, before paying or accepting the same, place thereupon a stamp, indicating —to be stamped before payment or acceptance.the tax upon the same, as the law requires for inland bills of exchange or promissory notes; and no bill of exchange shall be paid or negotiated —penalty.without such stamp; and if any person shall pay or negotiate, or offer in payment, or receive or take in payment, any such draft or order, the person or persons so offending shall be deemed guilty of a 454misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, in the discretion of the court.
Collection districts of limited facilities for distribution, etc., of stamps. Sec..12. That in any collection district where, in the judgment of the Commissioner of Internal Revenue, the facilities for the procurement and distribution of adhesive stamps are or shall be insufficient, the Commissioner, as aforesaid, is authorized to furnish, supply, and deliver to the collector of any district, and to any assistant treasurer of the —designation of certain officers to sell.United States or designated despositary thereof, or any postmaster, a suitable quantity of adhesive stamps, without prepayment therefor, and may in advance require of any collector, assistant treasurer of the United States, or postmaster a bond, with sufficient sureties, to an amount equal to the value of the adhesive stamps which may be placed in his hands and remain unaccounted for, conditioned for the faithful return, whenever so required, of all quantities or amounts undisposed of, and for the payment monthly of all quantities or amounts sold or Regulations.not remaining on hand.
And it shall be the duty of such collector to supply his deputies with, or sell to other parties within his district who may make application therefor, adhesive stamps, upon the same terms allowed by law or under the regulations of the Commissioner of Internal Revenue, who is hereby authorized to make such other regulations, not inconsistent herewith, for the security of the United States and the better accommodation of the public, in relation to the matters hereinbefore mentioned, as he may judge necessary and expedient.
And the Secretary of the Treasury may from time to time make such regulations as he may find necessary to insure the safe-keeping or prevent the illegal use of all such adhesive stamps. Issue, sale, etc., of unstamped bonds, etc., with intent to evade tax. Sec. 13. That any person or persons who shall register, issue, sell, or transfer, or who shall cause to be issued, registered, sold, or transferred, any instrument, document, or paper of any kind or description whatsoever mentioned in Schedule A of this Act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the tax chargeable thereon, and canceled in the manner required —penalty.by law, with intent to evade the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding six months, or both, in the discretion of the court: and such instrument, document, or paper, not being stamped according to law, shall be *Provisos.* Instruments unstamped at issue, etc.deemed invalid and of no effect: *Provided,* That hereafter, in all cases where the party has not affixed to any instrument the stamp required by law thereon at the time of issuing, selling, or transferring the said bonds, debentures, or certificates of stock or of indebtedness, and he or they, or —subsequent validation of.any party having an interest therein, shall be subsequently desirous of affixing such stamp to said instrument, or, if said instrument be lost, to a copy thereof, he or they shall appear before the collector of internal revenue of the proper district, who shall, upon the payment of the price of the proper stamp required by law, and of a penalty often dollars, and, where the whole amount of the tax denoted by the stamp required shall exceed the sum of fifty dollars, on payment also of interest, at the rate of six per centum, on said tax from the day on which such stamp ought to have been affixed, affix the proper stamp to such bond, debenture, certificate of stock or of indebtedness or copy, and note upon the margin thereof the date of his so doing, and the fact that such penalty has been paid; and the same shall thereupon be deemed and held to be as valid, to all intents and purposes, as if —unstamped by reason of accident, etc.stamped when made or issued: *And provided further,* That where it shall appear to said collector, upon oath or otherwise, to his satisfaction, that any such instrument has not been duly stamped, at the time of making or issuing the same, by reason of accident, mistake, inadvertence, or urgent necessity, and without any willful design to defraud the United States of the stamp, or to evade or delay the payment thereof, then and in such case, if such instrument, or, if the original be lost, a copy thereof, duly certified by the officer having charge of any records in which such original is required to be recorded, or 455otherwise duly proven to the satisfaction of the collector, shall, within twelve calendar months after the making or issuing thereof, be brought to the said collector of internal revenue to be stamped, and the stamp tax chargeable thereon shall be paid, it shall be lawful for the said collector to remit the penalty aforesaid and to cause such instrument to be duly stamped.
And when the original instrument, or a certified or duly proven copy thereof, as aforesaid, duly stamped so as to entitle the same to be recorded, shall be presented to the clerk, register, recorder, or other officer having charge of the original record, it shall be lawful for such officer, upon the payment of the fee legally chargeable for the recording thereof, to make a new record thereof, or to note upon the original record the fact that the error or omission in the stamping of said original instrument has been corrected pursuant to law; and the original instrument or such certified copy, or the record thereof, may be used in all courts and places in the same manner and with like effect as if the instrument had been originally stamped: *And provided further,* That in all cases where Unstamped instrument issued where no collection district established. —affixing proper stamp. —vested rights not affected.the party has not affixed the stamp required by law upon any such instrument issued, registered, sold, or transferred at a time when and at a place where no collection district was established, it shall be lawful for him or them, or any party having an interest therein, to affix the proper stamp thereto, or, if the original be lost, to a copy thereof.
But no right acquired in good faith-before the stamping of such instrument, or copy thereof, as herein provided, if such record be required by law, shall in any manner be affected by such stamping as aforesaid. Sec. 14. That hereafter no instrument, paper, or document required Instrument not admitted in evidence until stamped.by law to be stamped, which has been signed or issued without being duly stamped, or with a deficient stamp, nor any copy thereof, shall be recorded or admitted, or used as evidence in any court until a legal stamp or stamps, denoting the amount of tax, shall have been affixed thereto, as prescribed by law: *Provided,* That any bond, debenture, *Proviso.* Stamping of foreign bonds, etc.certificate of stock, or certificate of indebtedness issued in any foreign country shall pay the same tax as is required by law on similar instruments when issued, sold, or transferred in the United States; and the party to whom the same is issued, or by whom it is sold or transferred, shall, before selling or transferring the same, affix thereon the stamp or stamps indicating the tax required.
Sec. 15. That it shall not be lawful to record or register any instrument, Recording, etc., unstamped instruments.paper, or document required by law to be stamped unless a stamp or stamps of the proper amount shall have been affixed and canceled in the manner prescribed by law; and the record, registry, or transfer of any such instruments upon which the proper stamp or stamps aforesaid shall not have been affixed and canceled as aforesaid shall not be used in evidence. Sec. 16.
That no instrument, paper, or document required by law to Instrument not invalidated for want of particular kind of stamp.be stamped shall be deemed or held invalid and of no effect for the want of a particular kind or description of stamp designated for and denoting the tax charged on any such instrument, paper, or document, provided a legal documentary stamp or stamps denoting a tax of equal amount shall have been duly affixed and used thereon. Sec. 17. That all bonds, debentures, or certificates of indebtedness Exemptions from stamp taxes.issued by the officers of the United States Government, or by the officers of any State, county, town, municipal corporation, or other corporation exercising the taxing power, shall be, and hereby are, exempt from the stamp taxes required by this Act: *Provided,* That it is the *Provisos.* —intent.intent hereby to exempt from the stamp taxes imposed by this Act such State, county, town, or other municipal corporations in the exercise only of functions strictly belonging to them in their ordinary governmental, taxing, or municipal capacity: *Provided further,* That stock —further exemptions.and bonds issued by cooperative building and loan associations whose capital stock does not exceed ten thousand dollars, and building and loan associations or companies that make loans only to their shareholders, shall be exempt from the tax herein provided. 456 Stampe on telegraph messages.
Sec. 18. That on and after the first day of July, eighteen hundred and ninety-eight, no telegraph company or its agent or employee shall transmit to any person any dispatch or message without an adhesive stamp, denoting the tax imposed by this Act, being affixed to a copy thereof, or having the same stamped thereupon, and in default thereof *Provisos.* Limit. Exemptions.shall incur a penalty of ten dollars: *Provided,* That only one stamp shall be required on each dispatch or message, whether sent through one or more companies: *Provided,* That the messages or dispatches of the officers and employees of any telegraph or telephone company concerning the affairs and service of the company, and like messages or dispatches of the officials and employees of railroad companies sent over the wires on their respective railroads shall be exempt from this —Government business.requirement: *Provided further,* That messages of officers and employees of the Government on official business shall be exempt from the taxes herein imposed upon telegraphic and telephonic messages.
Provisions as to dies, etc., to include drugs, etc. —*Post,* p. 462. Sec. 19. That all the provisions of this Act relating to dies, stamps, adhesive stamps, and stamp taxes shall extend to and include (except where manifestly inapplicable) all the articles or objects enumerated in Schedule B, subject to stamp taxes, and apply to the provisions in relation thereto. Time when tax on drugs, etc., goes into effect. —penalty. Sec. 20. That on and after the first day of July, eighteen hundred and ninety-eight, any person, firm, company, or corporation that shall make, prepare, and sell, or remove for consumption or sale, drugs, medicines, preparations, compositions, articles, or things, including perfumery and cosmetics, upon which a tax is imposed by this Act, as provided for in Schedule B, without affixing thereto an adhesive stamp or label denoting the tax before mentioned shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months, or *Proviso.* Exemptions.both, at the discretion of the court: *Provided,* That no stamp tax shall be imposed upon any uncompounded medicinal drug or chemical, nor upon any medicine sold to or for the use of any person which may be mixed or compounded for said person according to the written recipe or prescription of any practicing physician or surgeon, or which may be put up or compounded for said person by a druggist or pharmacist Application of tax to patent medicines.selling at retail only.
The stamp taxes provided for in Schedule B of this Act shall apply to all medicinal articles compounded by any formula, published or unpublished, which are put up in style or manner similar to that of patent, trade-mark, or proprietary medicine in general, or which are advertised on the package or otherwise as remedies or specifics for any ailment, or as having any special claim to merit, or to any peculiar advantage in mode of preparation, quality, use, or effect. Detaching stamps; re-use of, etc.
Sec. 21. That any manufacturer or maker of any of the articles for sale mentioned in Schedule B, after the same shall have been so made, and the particulars hereinbefore required as to stamps have been complied with, or any other person who shall take off, remove, or detach, or cause, or permit, or softer to be taken off, or removed or detached, any stamp, or who shall use any stamp, or any wrapper or cover to which any stamp is affixed, to cover any other article or commodity than that originally contained in such wrapper or cover, with such —penalty.stamp when first used, with the intent to evade the stamp duties, shall tor every such article, respectively, in respect of which any such offense shall be committed, be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six mouths, or both, at the discretion of the court, and every such article or commodity as aforesaid shall also be forfeited.
Penalty for failure to stamp, etc. Sec. 22. That any maker or manufacturer of any of the articles or commodities mentioned in Schedule B, as aforesaid, or any other person who shall sell, send out, remove, or deliver any article or commodity, manufactured as aforesaid, before the tax thereon shall have been fully paid by affixing thereon the proper stamp, as in this Act provided, or who shall hide or conceal, or cause to be hidden or concealed, or who 457shall remove or convey away, or deposit, or cause to be removed or conveyed away from or deposited in any place, any such article or commodity, to evade the tax chargeable thereon, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court, together with the forfeiture of any such article or commodity: *Provided,* That *Proviso.* Articles for exportation exempted.articles upon which stamp taxes are required by this Act may, when intended for exportation, be manufactured and sold or removed without having stamps affixed thereto, and without being charged with tax as aforesaid; and every manufacturer or maker of any article as aforesaid, intended for exportation, shall give such bonds and be subject to such rules and regulations to protect the revenue against fraud as may be from time to time prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury.
Sec. 23. That every manufacturer or maker of any of the articles or Manufacturer’s monthly statement of compliance with stamp tax.commodities provided for in Schedule B, or his foreman, agent, or superintendent shall at the end of each and every month make, sign, and tile with the collector of internal revenue for the district in which he resides a declaration in writing that no such article or commodity has, during such preceding mouth or time when the last declaration was made, been removed, or carried, or sent, or caused or suffered or known to have been removed, carried, or sent from the premises of such manufacturer or maker other than such as have been duly taken account of and charged with the stamp tax, on pain of such manufacturer or maker forfeiting for every refusal or neglect to make such declaration one hundred dollars; and if any such manufacturer or maker, or his foreman, agent, or superintendent, shall make any false or untrue declaration, such manufacturer or maker, or foreman, —penalty.agent, or superintendent making the same shall be deemed guilty of a misdemeanor, and upon conviction shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court.
Sec. 24. That the stamp taxes prescribed in this Act on the articles Time of attachment of tax on drugs, etc. *Post,* p. 162.provided for in Schedule B shall attach to all such articles and things sold or removed for sale on and after the said first day of July, eighteen hundred and ninety-eight. Every person, except as otherwise “Manufacturer” defined.provided in this Act, who offers or exposes for sale any article or thing provided for in said Schedule B, whether the article so offered or exposed is of foreign manufacture and imported or of domestic manufacture, shall be deemed the manufacturer thereof, and shall be subject to all the taxes, liabilities, and penalties imposed by law for the sale of articles without the use of the proper stamp denoting the tax paid thereon; and all such articles of foreign manufacture shall, in Foreign manufactures. *Proviso.* Stamps on imported merchandise.addition to the import duty imposed on the same, bee subject to the stamp tax prescribed in this Act: *Provided further,* That internal revenue stamps required by existing law on imported merchandise shall be affixed thereto and canceled at the expense of the owner or importer before the withdrawal of such merchandise for consumption, and the Secretary of the Treasury is authorized to make such rules and regulations as may be necessary for the affixing and canceling of such stamps, not inconsistent herewith.
Sec. 25. That the Commissioner of Internal Revenue shall cause to Commissioner of Internal Revenue to prepare stamps. —to prescribe method of cancellation. —to contract for stamps. *Post,* p. 1090.be prepared for the payment of the taxes prescribed in this Act suitable stamps denoting the tax on the document, article, or thing to which the same may be affixed, and he is authorized to prescribe such method for the cancellation of said stamps, as substitute for or in addition to the method provided in this Act, as he may deem expedient.
The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is authorized to procure any of the stamps provided for in this Act by contract whenever such stamps can not be speedily prepared by the Bureau of Engraving and Printing; but this authority shall expire on the first day of July, eighteen hundred and ninety-nine. That the Sale of stamps, etc.458adhesive stamps used in the payment of the tax levied in Schedules A and B of this Act shall be furnished for sale by the several collectors of internal-revenue, who shall sell and deliver them at their face value to all persons applying for the same, except officers or employees of the *Proviso.* —quantity. —discount.internal-revenue service: *Provided,* That such collectors may sell and deliver such stamps in quantities of not less than one hundred dollars of face value, with a discount of one per centum, except as otherwise provided Regulations.in this Act.
And he may, with the approval of the Secretary of the Treasury, make all needful rules and regulations for the proper enforcement of this Act. SCHEDULE A. Schedule A. stamp taxes. Stamp taxes. Bonds, debentures, certificates of indebtedness. *Ante,* p. 450. Bonds, debentures, or certificates of indebtedness issued after the first day of July, anno Domini eighteen hundred and ninety-eight, by any association, company, or corporation, on each hundred dollars of face value or fraction thereof, five cents, and on each original issue, whether Certificates of stock.on organization or reorganization, of certificates of stock by any such association, company, or corporation, on each hundred dollars of face value or fraction thereof, five cents, and on all sales, or agreements to sell, or memoranda of sales or deliveries or transfers of shares or certificates of stock in any association, company, or corporation, whether made upon or shown by the books of the association, company, or corporation, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale whether entitling the holder in any manner to the benefit of such stock, or to secure the future payment of money or for the future transfer of any stock, on each hundred dollars of face value or fraction *Proviso.* Transfer of ownership, method of stamping.thereof, two cents: *Provided,* That in case of sale where the evidence of transfer is shown only by the books of the company the stamp shall be placed upon such books; and where the change of ownership is by transfer certificate the stamp shall be placed upon the certificate; and in cases of an agreement to sell or where the transfer is by delivery of the certificate assigned in blank there shall be made and delivered by the seller to the buyer a bill or memorandum of such sale, to which the stamp shall Bills of sale, etc., form of, etc.be affixed; and every bill or memorandum of sale or agreement to sell before mentioned shall show the date thereof, the name of the seller, the amount of the sale, and the matter or thing to which it refers.
Penalty.And any person or persons liable to pay the tax as herein provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale, or who shall in pursuance of any such sale deliver any such stock, or evidence of the sale of any such stock or bill or memorandum thereof, as herein required, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both, at the discretion of the court.
Sales or agreements to sell products at exchanges or boards of trade. Upon each sale, agreement of sale, or agreement to sell, any products or merchandise at any exchange, or board of trade, or other similar place, either for present or future delivery, for each one hundred dollars in value of said sale or agreement of sale or agreement to sell, one cent, and for each additional one hundred dollars or fractional part thereof *Proviso.* Memorandum of sale.in excess of one hundred dollars, one cent: *Provided,* That on every sale or agreement of sale or agreement to sell as aforesaid there shall be made and delivered by the seller to the buyer a bill, memorandum, agreement, or other evidence of such sale, agreement of sale, or agreement to sell, to which there shall be affixed a lawful stamp or stamps —form of.in value equal to the amount of the tax on such sale.
And every such bill, memorandum, or other evidence of sale or agreement to sell shall show the date thereof, the name of the seller, the amount of the sale, 459and the matter or thing to which it refers; and any person or persons —penalty for failure to stamp, etc.liable to pay the tax as herein provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale or agreement of sale, or agreement to sell, or who shall, in pursuance of any such sale, agreement of sale, or agreement to sell, deliver any such products or merchandise without a bill, memorandum, or other evidence thereof as herein required, or who shall deliver such bill, memorandum, or other evidence of sale, or agreement to sell, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both, at the discretion of the court.
Bank check, draft, or certificate of deposit not drawing interest, or Bank checks, drafts, etc.order for the payment of any sum of money, drawn upon or issued by any bank, trust company, or any person or persons, companies, or corporations at sight or on demand, two cents. Bill of exchange (inland), draft, certificate of deposit drawing interest, Inland bills of exchange, promissory notes, etc.or order for the payment of any sum of money, otherwise than at sight or on demand, or any promissory note except bank notes issued for circulation, and for each renewal of the same, for a sum not exceeding one hundred dollars, two cents; and for each additional one hundred dollars or fractional part thereof in excess of one hundred dollars, two cents.
And from and after the first day of July, eighteen hundred and Money orders.ninety-eight, the provisions of this paragraph shall apply as well to original domestic money orders issued by the Government of the United States, and the price of such money orders shall be increased by a sum equal to the value of the stamps herein provided for. Bill of exchange (foreign) or letter of credit (including orders by Foreign bills of exchange, etc. —drawn singly.telegraph or otherwise for the payment of money issued by express or other companies or any person or persons), drawn in but payable out of the United States, if drawn singly or otherwise than in a set of three or more, according to the custom of merchants and bankers, shall pay for a sum not exceeding one hundred dollars, four cents, and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, four cents.
If drawn in sets of two or more: For every bill of each set, where —drawn in two sets.the sum made payable shall not exceed one hundred dollars, or the equivalent thereof, in any foreign currency in which such bill may be expressed, according to the standard of value fixed by the United States, two cents; and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, two cents. Bills of lading or receipt (other than charter party) for any goods, Bills of lading. —exports.merchandise, or effects, to be exported from a port or place in the United States to any foreign port or place, ten cents.
Express and freight: It shall be the duty of every railroad or Express and freight. —stamp tax on bill of lading.steamboat company, carrier, express company, or corporation or person whose occupation is to act as such, to issue to the shipper or consignor, or his agent, or person from whom any goods are accepted for transportation. a bill of lading, manifest, or other evidence of receipt and forwarding for each shipment received for carriage and transportation, whether in bulk or in boxes, bales, packages, bundles, or not so inclosed or included; and there shall be duly attached and canceled, as is in this Act provided, to each of said bills of lading, manifests, or other memorandum. and to each duplicate thereof, a stamp of the value of one cent: *Provided.* That but one bill of lading shall be required on bundles or *Proviso.* Bundles of news papers.
Penalty.packages of newspapers when inclosed in one general bundle at the time of shipment. Any failure to issue such bill of lading, manifest, or other memorandum, as herein provided, shall subject such railroad or steamboat company, carrier, express company, or corporation or person to a penalty of fifty dollars for each offense, and no such bill of lading, manifest, or other memorandum shall be used in evidence unless it shall be duly stamped as aforesaid. 460 Telephone messages.
Telephone messages: It shall be the duty of every person, firm, or corporation owning or operating any telephone line or lines to make within the first fifteen days of each month a sworn statement to the collector of internal revenue in each of their respective districts, stating the number of messages or conversations transmitted over their respective lines during the preceding month for which a charge of fifteen cents or more was imposed, and for each of such messages or conversations the said person, firm, or corporation shall pay a tax of *Proviso.* Limit.one cent: *Provided,* That only one payment of said tax shall be required, notwithstanding the lines of one or more persons, firms, or corporations shall be used for the transmission of each of said messages or conversations.
Bond. Bond: For indemnifying any person or persons, firm, or corporation who shall have become bound or engaged as surety tor the payment of any sum of money, or for the due execution or performance of the duties of any office or position, and to account for money received by virtue thereof, and all other bonds of any description, except such as may be required in legal proceedings, not otherwise provided for in this schedule, fifty cents. Certificate of profits, etc. Certificate of profits, or any certificate or memorandum showing an interest in the property or accumulations of any association, company, or corporation, and on all transfers thereof, on each one hundred dollars of face value or fraction thereof, two cents.
Certificate of damage, etc. Certificate: Any certificate of damage, or otherwise, and all other certificates or documents issued by any port warden, marine surveyor, or other person acting as such, twenty-five cents. Certificates not specified. Certificate of any description required by law not otherwise specified in this Act, ten cents. Charter party. Charter party: Contract or agreement for the charter of any ship, or vessel, or steamer, or any letter, memorandum, or other writing between the captain, master, or owner, or person acting as agent of any ship, or vessel, or steamer, and any other person or persons, for or relating to the charter of such ship, or vessel, or steamer, or any renewal or transfer thereof, if the registered tonnage of such ship, or vessel, or steamer does not exceed three hundred tons, three dollars.
Exceeding three hundred tons and not exceeding six hundred tons, five dollars. Exceeding six hundred tons, ten dollars. Contract. Contract: Broker’s note, or memorandum of sale of any goods or merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers or persons acting as such, for each note or memorandum of sale, not otherwise provided for in this Act, ten cents. Conveyance. Conveyance: Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction, when the consideration or value exceeds one hundred dollars and does not exceed five hundred dollars, fifty cents; and for each additional five hundred dollars or fractional part thereof in excess of five hundred dollars, fifty cents.
Dispatch, telegraphic. Dispatch, telegraphic: Any dispatch or message, one cent. Entry of goods at custom-house. Entry of any goods, wares, or merchandise at any custom-house, either for consumption or warehousing, not exceeding one hundred dollars in value, twenty-five cents. Exceeding one hundred dollars and not exceeding five hundred dollars in value, fifty cents. Exceeding five hundred dollars in value, one dollar. —withdrawal. Entry for the withdrawal of any goods or merchandise from customs bonded warehouse, fifty cents.
Life insurance. Insurance (life): Policy of insurance, or other instrument, by what ever name the same shall be called, whereby any insurance shall hereafter be made upon any life or lives, for each one hundred dollars or 461fractional part thereof, eight cents on the amount insured: *Provided,* *Provisos.* —issued on industrial or weekly-payment plan, tax, etc.That on all policies, for life insurance only, issued on the industrial or weekly-payment plan of insurance, the tax shall be forty per centum of the amount of the first weekly premium.
And it shall be the duty of each person, firm, or corporation issuing such policies to make within the first fifteen days of every month a sworn statement to the collector of internal revenue in each of their respective districts, of the total amount of first weekly premiums received on such policies issued by the said person, firm, or corporation during the preceding mouth, and upon the total amount so received, the said person, firm, or corporation shall pay the said tax of forty per centum: *Provided further,* That the provisions Exemptions.of this section shall not apply to any fraternal, beneficiary society, or order, or farmers’ purely local cooperative company or association, or employees’ relief associations operated on the lodge system, or local cooperation plan, organized and conducted solely by the members thereof for the exclusive benefit of its members and not for profit.
Insurance (marine, inland, fire,): Each policy of insurance or other Marine, inland, and fire insurance.instrument, by whatever name the same shall be called, by which insurance shall be made or renewed upon property of any description (including rents or profits), whether against peril by sea or on inland waters, or by fire or lightning, or other peril, made by any person, association, or corporation, upon the amount of premium charged, one-half of one cent on each dollar or fractional part thereof: *Provided,* That purely *Proviso.* Exemption.cooperative or mutual fire insurance companies carried on by the members thereof solely for the protection of their own property and not for profit shall be exempted from the tax herein provided.
Insurance (casualty, fidelity, and guarantee): Each policy of insurance, Casualty, fidelity, etc., insurance.or bond or obligation of the nature of indemnity for loss, damage, or liability issued, or executed, or renewed by any person, association, company, or corporation, transacting the business of accident, fidelity, employer’s liability, plate glass, steam boiler, burglary, elevator, automatic sprinkler, or other branch of insurance (except life, marine, inland, and fire insurance), and each bond undertaking or recognizance, conditioned for the performance of the duties of any office or position, or for the doing or not doing of anything therein specified, or other obligation of the nature of indemnity, and each contract or obligation guaranteeing the validity or legality of bonds or other obligations issued by any State, county, municipal, or other public body or organization, or guaranteeing titles to real estate or mercantile credits executed or guaranteed by any fidelity, guarantee, or surety company upon the amount of premium charged, one-half of one cent on each dollar or fractional part thereof.
Lease, agreement, memorandum, or contract for the hire, use, or rent Leases, etc.of any land, tenement, or portion thereof— If for a period of time not exceeding one year, twenty-five cents. If for a period of time exceeding one year and not exceeding three years, fifty cents. If for a period exceeding three years, one dollar. Manifest for custom-house entry or clearance of the cargo of any ship, Manifest for custom-house entry.vessel, or steamer for a foreign port— If the registered tonnage of such ship, vessel, or steamer does not exceed three hundred tons, one dollar.
Exceeding three hundred tons, and not exceeding six hundred tons, three dollars. Exceeding six hundred tons, five dollars. Mortgage or pledge, of lauds, estate, or property, real or personal, Mortgages, etc.heritable, or movable, whatsoever, where the same shall be made as a security for the payment of any definite and certain sum of money, lent at the time or previously due and owing or forborne to be paid, being payable; also any conveyance of any lands, estate, or property whatsoever, in trust to be sold or otherwise converted into money, which shall be intended only as security, either by express stipulation or otherwise; on any of the foregoing exceeding one thousand dollars and 462not exceeding one thousand five hundred dollars, twenty-five cents; and on each five hundred dollars or fractional part thereof in excess of *Proviso.* Tax on transfers of leases, etc.fifteen hundred dollars, twenty-five cents: *Provided,* That upon each and every assignment or transfer of a mortgage, lease, or policy of insurance, or the renewal or continuance of any agreement, contract, or charter, by letter or otherwise, a stamp duty shall be required and paid at the same rate as that imposed on the original instrument.
Passage tickets to foreign ports. Passage ticket, by any vessel from a port in the United States to a foreign port, if costing not exceeding thirty dollars, one dollar. Costing more than thirty and not exceeding sixty dollars, three dollars. Costing more than sixty dollars, five dollars. Powers of attorney. —to vote at corporation elections. Power of attorney or proxy for voting at any election for officers of any incorporated company or association, except religious, charitable, or literary societies, or public cemeteries, ten cents. —to sell, lease, etc., real estate, stock, etc.
Power of attorney to sell and convey real estate, or to rent or lease the same, to receive or collect rent, to sell or transfer any stock, bonds, scrip, or for the collection of any dividends or interest thereon, or to perform any and all other acts not hereinbefore specified, twenty-five *Proviso.* Papers for collecting pensions, bounty, etc., exempt from taxes.cents: *Provided,* That no stamps shall be required upon any papers necessary to be used for the collection of claims from the United States for pensions, back pay, bounty, or for property lost in the military or naval service.
Protest. Protest: Upon the protest of every note, bill of exchange, acceptance, check or draft, or any marine protest, whether protested by a notary public or by any other officer who may be authorized by the law of any State or States to make such protest, twenty-five cents. Warehouse receipts. Warehouse receipt for any goods, merchandise, or property of any kind held on storage in any public or private warehouse or yard, except receipts for agricultural products deposited by the actual grower thereof *Proviso.* Exemption from tax of steamers for British North American ports.in the regular course of trade for sale, twenty-five cents: *Provided,* That the stamp duties imposed by the foregoing schedule on manifests, bills of lading, and passage tickets shall not apply to steamboats or other vessels plying between ports of the United States and ports in British Amended, *post,* p. 1390.North America.
SCHEDULE B. Schedule B. Medicinal proprietary articles, etc. *Ante,* pp. 450, 453, 462. Medicinal proprietary articles and preparations: For and upon every packet, box, bottle, pot, or phial, or other in closure, containing any pills, powders, tinctures, troches or lozenges, sirups, cordials, bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters, (except natural spring waters and carbonated natural spring waters), essences, spirits, oils, and all medicinal preparations or compositions whatsoever, made and sold, or removed for sale, by any person or persons whatever, wherein the person making or preparing the same has or claims to have any private formula, secret, or occult art for the making or preparing the same, or has or claims to have any exclusive right or title to the making or preparing the same, or which are prepared, uttered, vended, or exposed for sale under any letters patent, or trade-mark, or which, if prepared by any formula, published or unpublished, are held out or recommended to the public by the makers, venders, or proprietors thereof as proprietary medicines, or medicinal proprietary articles or preparations, or as remedies or specifies for any disease, diseases, or affection whatever affecting the human or animal —costing not more than five cents.body, as follows:
Where such packet, box, bottle, pot, phial, or other inclosure, with its contents, shall not exceed, at the retail price or value, the sum of five cents, one-eighth of one cent. —ten cents. Where such packet, box, bottle, pot, phial, or other inclosure, with its contents, shall exceed the retail price or value of five cents and shall not exceed, at the retail price or value, the sum of ten cents, two-eighths of one cent. 463 Where such packet, box, bottle, pot, phial, or other inclosure, with its —fifteen cents.contents, shall exceed the retail price or value of ten cents and shall not exceed at the retail price or value the stun of fifteen cents, three eighths of one cent.
Where each packet, box, bottle, pot, phial, or other inclosure, with its —twenty-five cents.contents, shall exceed the retail price or value of fifteen cents and shall not exceed the retail price —exceeding twenty-five cents.or value of twenty-five cents, five-eighths of one cent. And for each additional twenty-five cents of retail price or value or fractional part thereof in excess of twenty-five cents, five- eighths of one cent. Perfumery and cosmetics and other similar articles:
For and upon Perfumery, cosmetics, etc.every packet, box, bottle, pot, phial, or other inclosure containing any essence, extract, toilet water, cosmetic, vaseline, petrolatum, hair oil, pomade, hair dressing, hair restorative, hair dye, tooth wash, dentifrice, tooth paste, aromatic cachous, or any similar substance or article, by whatsoever name the same heretofore have been, now are, or may hereafter be called, known, or distinguished, used or applied, or to be used or applied as perfumes or as applications to the hair, mouth, or skin, or otherwise used, made, prepared, and sold or removed for consumption and sale in the United States, where such packet, box, bottle, pot, phial, —costing not more than five cents.or other inclosure, with its contents, shall not exceed at the retail price or value the sum of five cents, one-eighth of one cent.
Where such packet, box, bottle, pot, phial, or other inclosure, with its —ten cents.contents, shall exceed the retail price or value of five cents, and shall not exceed the retail price or value of ten cents, two eighths of one cent. Where such packet, box, bottle, pot, phial, or other inclosure, with —fifteen cents.its contents, shall exceed the retail price or value of ten cents and shall not exceed the retail price or value of fifteen cents, three-eighths of one cent. Where such packet, box, bottle, pot, phial, or other inclosure, with —twenty-five cents.its contents, shall exceed the retail price or value of fifteen cents and shall not exceed the retail price or value of twenty-five cents, five-eighths of one cent.
And for each additional twenty-five cents of retail price —exceeding twenty-five cents.or value or fractional part thereof in excess of twenty-five cents, five-eighths of one cent. Chewing gum or substitutes therefor: For and upon each box, carton, Chewing gum, etc.jar, or other package containing chewing gum of not more than one dollar of actual retail value, four cents; if exceeding one dollar of retail value, for each additional dollar or fractional part thereof, four cents; under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe.
Sparkling or other wines, when bottled for sale, upon each bottle Wines.containing one pint or less, one cent. Upon each bottle containing more than one pint, two cents. That all articles and preparations provided for in this schedule which Stamps on articles in hand when tax attaches.are in the hands of manufacturers or of wholesale or retail dealers on the first day of July, eighteen hundred and ninety-eight, shall be subject to the payment of the stamp taxes herein provided for, but it shall —dealer who is not the manufacturer may stamp on sale.be deemed a compliance with this Act as to such articles on hand in the hands of wholesale or retail dealers as aforesaid who are not the manufacturers thereof to affix the proper adhesive tax stamp at the time the packet, box, bottle, pot, or phial, or other inclosure with its contents is sold at retail.
Sec. 26. There shall be an allowance of drawback on articles mentioned Allowance of drawback on articles having paid internal-revenue tax.in Schedule B of this Act on which any internal-revenue tax shall have been paid, equal in amount to the stamp tax paid thereon, and no more, when exported, to be paid by the warrant of the Secretary of the Treasury on the Treasurer of the United States, out of any money arising from internal taxes not otherwise appropriated: *Provided,* That *Proviso.* Not applicable to articles exported prior to July 1, 1898.
Evidence of payment of tax.no allowance of drawback shall be made for any such articles exported prior to July first, eighteen hundred and ninety-eight. The evidence that any such tax has been paid as aforesaid shall be furnished to the 464satisfaction of the Commissioner of Internal Revenue by the person claiming the allowance of drawback, and the amount shall be ascertained under such regulations as shall be prescribed from time to time by said Commissioner, with the approval of the Secretary of the Treasury. excise taxes on persons, firms, companies, and corporations engaged in refining petroleum and sugar.
Tax on corporations, etc., refining sugar or petroleum. Sec. 27. That every person, firm, corporation, or company carrying on or doing the business of refining petroleum, or refining sugar, or owning or controlling any pipe line for transporting oil or other products, whose gross annual receipts exceed two hundred and fifty thousand dollars, shall be subject to pay annually a special excise tax equivalent to one-quarter of one per centum on the gross amount of all receipts of such persons, firms, corporations, and companies in their respective business in excess of said sum of two hundred and fifty thousand dollars.
Monthly return as to gross receipts. And a true and accurate return of the amount of gross receipts as aforesaid shall be made and rendered monthly by each of such associations, corporations, companies, or persons to the collector of the district in which any such association, corporation, or company may be located, —verification of.or in which such person has his place of business. Such return shall be verified under oath by the person making the same, or, in case of —penalty for failure to make return.corporations, by the president or chief officer thereof.
Any person or officer failing or refusing to make return as aforesaid, or who shall make a false or fraudulent return, shall be liable to a penalty of not less than one thousand dollars and not exceeding ten thousand dollars for each failure or refusal to make return as aforesaid and for each and every false or fraudulent return. Tax on parlor-car seats, etc. Sec. 28. That from and after the first day of July, eighteen hundred and ninety-eight, a stamp tax of one cent shall be levied and collected on every seat sold in a palace or parlor car and on every berth sold in a sleeping car, the stamp to be affixed to the ticket and paid by the company issuing the same. legacies and distributive shares of personal property.
Legacies and distributive shares personal property. Sec. 29. That any person or persons having in charge or trust, as administrators, executors, or trustees, any legacies or distributive shares arising from personal property, where the whole amount of such personal property as aforesaid shall exceed the sum of ten thousand dollars in actual value, passing, after the passage of this Act, from any person possessed of such property, either by will or by the intestate laws of any State or Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor or bargainer, to any person or persons, or to any body or bodies, politic or corporate, in trust or otherwise, shall be, and hereby are, made subject to a duty or tax, to be paid to the United States, as Personal estate not exceeding $25,000.follows—that is to say:
Where the whole amount of said personal property shall exceed in value ten thousand and shall not exceed in value the sum of twenty-five thousand dollars the tax shall be: —tax on lineal issue, brother, etc. First. Where the person or persons entitled to any beneficial interest in such property shall be the lineal issue or lineal ancestor, brother, or sister to the person who died possessed of such property, as aforesaid, at the rate of seventy-five cents for each and every hundred dollars of the clear value of such interest in such property. —descendant of brother, etc.
Second. Where the person or persons entitled to any beneficial interest in such property shall be the descendant of a brother or sister of the person who died possessed, as aforesaid, at the rate of one dollar and fifty cents for each and every hundred dollars of the clear value of such interest. 465 Third. Where the person or persons entitled to any beneficial interest —uncle, etc.in such property shall be the brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother, of the person who died possessed as aforesaid, at the rate of three dollars for each and every hundred dollars of the clear value of such interest.
Fourth. Where the person or persons entitled to any beneficial interest —brother, etc., of grandfather, etc.in such property shall be the brother or sister of the grandfather or grandmother, or a descendant of the brother or sister of the grandfather or grandmother, of the person who died possessed as aforesaid, at the rate of four dollars for each and every hundred dollars of the clear value of such interest. Fifth. Where the person or persons entitled to any beneficial interest —other degrees of relationship.in such property shall be in any other degree of collateral consanguinity than is hereinbefore stated, or shall be a stranger in blood to the person who died possessed, as aforesaid, or shall be a body politic or corporate, at the rate of five dollars for each and every hundred dollars of the clear value of such interest: *Provided,* That all legacies or property *Proviso.* Exemptions.passing by will, or by the laws of any State or Territory, to husband or wife of the person died possessed, as aforesaid, shall be exempt from tax or duty.
Where the amount or value of said property shall exceed the sum of Personal estate not exceeding $100,000.twenty five thousand dollars, but shall not exceed the sum or value of one hundred thousand dollars, the rates of duty or tax above set forth shall be multiplied by one and one-half; and where the amount or value —$500,000.of said property shall exceed the sum of one hundred thousand dollars, but shall not exceed the sum of five hundred thousand dollars, such rates of duty shall be multiplied by two; and where the amount or —$1,000,000.value of said property shall exceed the sum of five hundred thousand dollars, but shall not exceed the sum of one million dollars, such rates of duty shall be multiplied by two and one-half; and where the amount or —exceeding $1,000,000.value of said property shall exceed the sum of one million dollars, such rates of duty shall be multiplied by three.
Sec. 30. That the tax or duty aforesaid shall be a lien and charge Tax to be a lien, etc.upon the property of every person who may die as aforesaid for twenty years, or until the same shall, within that period, be fully paid to and discharged by the United States; and every executor, administrator, —payment of.or trustee, before payment and distribution to the legatees, or any parties entitled to beneficial interest therein, shall pay to the collector or deputy collector of the district of which the deceased person was a resident the amount of the duty or tax assessed upon such legacy or distributive share, and shall also make and render to the said collector Schedules, etc.or deputy collector a schedule, list, or statement, in duplicate, of the amount of such legacy or distributive share, together with the amount of duty which has accrued, or shall accrue, thereon, verified by his oath or affirmation, to be administered and certified thereon by some magistrate or officer having lawful power to administer such oaths, in such form and manner as may be prescribed by the Commissioner of Internal Revenue, which schedule, list, or statement shall contain the names of each and every person entitled to any beneficial interest therein, together with the clear value of such interest, the duplicate of which schedule, list, or statement shall be by him immediately delivered, and the tax thereon paid to such collector; and upon such payment and Receipt for pay ment.delivery of such schedule, list, or statement said collector or deputy collector shall grant to such person paying such duty or tax a receipt or receipts for the same in duplicate, which shall be prepared as hereinafter provided.
Such receipt or receipts, duly signed and delivered —force of.by such collector or deputy collector, shall be sufficient evidence to entitle such executor, administrator, or trustee to be credited and allowed such payment by every tribunal which, by the laws of any State or Territory, is, or may be, empowered to decide upon and settle the accounts of executors and administrators. And in case such executor, administrator, or trustee shall refuse or neglect to pay the aforesaid duty or Neglect to pay tax, etc.tax to the collector or deputy collector, as aforesaid, within the time 466hereinbefore provided, or shall neglect or refuse to deliver to said collector or deputy collector the duplicate of the schedule, list, or statement of such legacies, property, or personal estate, under oath, as aforesaid, or shall neglect or refuse to deliver the schedule, list, or statement of such legacies, property, or personal estate, under oath, as aforesaid, or shall deliver to said collector or deputy collector a false schedule or statement of such legacies, property, or personal estate, or give the names and relationship of the persons entitled to beneficial interests therein untruly, or shall not truly and correctly set forth and state therein the clear value of such beneficial interest, or where no administration upon such property or personal estate shall have been granted or allowed under existing laws, the collector or deputy collector shall make out such lists and valuation as in other cases of neglect or refusal, and shall assess the duty —legal proceedings to recover.thereon; and the collector shall commence appropriate proceedings before any court of the United States, in the name of the United States, against such person or persons as may have the actual or constructive custody or possession of such property or personal estate, or any part thereof, and shall subject such property or personal estate, or any portion of the same, to be sold upon the judgment or decree of such court, and from the proceeds of such sale the amount of such tax or duty, together with all costs and expenses of every description to be allowed by such court, shall be first paid, and the balance, if any, deposited according to the order of such court, to be paid under its direction to such person or persons as shall establish title to the same. —force of judgment deed.The deed or deeds, or any proper conveyance of such property or personal estate, or any portion thereof, so sold under such judgment or decree, executed by the officer lawfully charged with carrying the same into effect, shall vest in the purchaser thereof all the title of the delinquent to the property or personal estate sold under and by virtue of such judgment or decree, and shall release every other portion of such property or personal estate from the lien or charge thereon created Penalty for refusal, etc., to exhibit papers, etc.by this Act.
And every person or persons who shall have in his possession, charge, or custody any record, file, or paper containing, or supposed to contain, any information concerning such property or personal estate, as aforesaid, passing from any person who may die, as aforesaid, shall exhibit the same at the request of the collector or deputy collector of the district, and to any law officer of the United States, in the performance of his duty under this Act, his deputy or agent, who may desire to examine the same.
And if any such person, having in his possession, charge, or custody any such records, files, or papers, shall refuse or neglect to exhibit the same on request, as aforesaid, he shall forfeit and pay the sum of five hundred dollars: *Provided,* *Proviso.* Recital of deed, force of.That in all legal controversies where such deed or title shall be the subject of judicial investigation, the recital in said deed shall be prima facie evidence of its truth, and that the requirements of the law had been complied with by the officers of the Government.
Acts made applicable. Sec. 31. That all administrative, special, or stamp provisions of law, including the laws in relation to the assessment of taxes, not heretofore specifically repealed are hereby made applicable to this Act. loans. Loans. Issue of certificates of indebtedness authorized. Sec. 32. That the Secretary of the Treasury is authorized to borrow from time to time, at a rate of interest not exceeding three per centum per annum, such sum or sums as, in his judgment, may be necessary to meet public expenditures, and to issue therefor certificates of indebtedness in such form as he may prescribe and in denominations of fifty dollars or some multiple of that sum; and each certificate so issued shall be payable, with the interest accrued thereon, at such time, not exceeding one year from the date of its issue, as the Secretary of the *Proviso.* —limit.Treasury may prescribe: *Provided,* That the amount of such certificates outstanding shall at no time exceed one hundred millions of dollars; 467and the provisions of existing law respecting counterfeiting and other Counterfeiting.fraudulent practices are hereby extended to the bonds and certificates of indebtedness authorized by this Act.
Sec. 33. That the Secretary of the Treasury is hereby authorized to Issue of bonds to secure loan authorized.borrow on the credit of the United States from time to time as the proceeds may be required to defray expenditures authorized on account of the existing war (such proceeds when received to be used only tor the purpose of meeting such war expenditures) the sum of tour hundred million dollars, or so much thereof as maybe necessary, and to prepare and issue therefor, coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of twenty —denominations, etc.dollars or some multiple of that sum, redeemable in coin at the pleasure of the United States after ten years from the date of their issue, and payable twenty years from such date, and bearing interest payable quarterly in coin at the rate of three per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority: *Provided,* *Provisos.* Popular loan.That the bonds authorized by this section shall be first offered at par as a popular loan under such regulations, prescribed by the Secretary of the Treasury, as will give opportunity to the citizens of the United States to participate in the subscriptions to such loan, and in allotting said bonds the several subscriptions of individuals shall be first accepted, and the subscriptions for the lowest amounts shall be first allotted: *Provided further,* That any portion of any issue of said bonds not subscribed Disposition of bonds not subscribed for.for as above provided may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, but no commissions shall be allowed or paid thereon; and a Expenses.sum not exceeding one-tenth of one per centum of the amount of the bonds and certificates herein authorized is hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. coinage of silver bullion.
Sec. 34. That the Secretary of the Treasury is hereby authorized and Coinage of silver bullion authorized.directed to coin into standard silver dollars as rapidly as the public interests may require, to an amount, however, of not less than one and one half millions of dollars in each month, all of the silver bullion now in the Treasury purchased in accordance with the provisions of the Act approved July fourteenth, eighteen hundred and ninety, entitled “An Vol. 26, p. 289.Act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other purposes,” and said dollars, when so coined, shall be used and applied in the manner and for the purposes named in said Act. mixed flour.
Mixed flour. Sec. 35. That for the purposes of this Act the words “mixed flour” —definition.shall be understood to mean the food product made from wheat mixed or blended in whole or in part with any other grain or other material, or the manufactured product of any other grain or other material than wheat. Sec. 36. That every person, firm, or corporation, before engaging in Manufacturers and packers tax. R. S., secs. 3242, 3239, pp. 622, 621.the business of making, packing, or repacking mixed flour, shall pay a special tax at the rate of twelve dollars per annum, the same to be paid and posted in accordance with the provisions of sections thirty-two hundred and forty-two and thirty-two hundred and thirty-nine of the Revised Statutes, and subject to the fines and penalties therein imposed for any violation thereof.
Sec. 37. That every person, firm, or corporation making, packing, Branding of packages.or repacking mixed flour shall plainly mark or brand each package containing the same with the words “mixed flour” in plain black letters not less than two inches in length, together with the true weight 468of such package, the names of the ingredients composing the same, the name of the maker or packer, and the place where made or packed. Card showing contents to be inserted in package.In addition thereto, such maker or packer shall place in each package a card not smaller than two inches in width by three inches in length, upon which shall be printed the words “mixed Hour,” together with the names of the ingredients composing the same, and the name of the —penalty.maker or packer, and the place where made or packed.
Any person, firm, or corporation making, packing, or repacking mixed flour hereunder, failing to comply with the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or be imprisoned not less than sixty days nor more than one year. Penalty for sale in unbranded packages, etc. Sec. 38. That all sales and consignments of mixed flour shall be in packages not before used for that purpose; and every person, firm, or corporation knowingly selling or offering for sale any —false branding, etc.mixed flour in other than marked and branded packages, as required by the provisions of this Act relating to the manufacture and sale of mixed Hour, or who packs in any package or packages any mixed flour in any manner contrary to the provisions relating to the manufacture and sale of mixed flour of this Act, or who falsely marks or brands any package or packages containing mixed flour, or unlawfully removes such marks or brands, shall, for each such offense, be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or by imprisonment not less than thirty days nor more than one year.
Label to be affixed to packages. Sec. 39. That in addition to the branding and marking of mixed Hour as herein provided, there shall be affixed to the packages containing the same a label in the following words: “Notice.—The (manufacturer or packer, as the case may be) of the mixed Hour herein contained has complied with all the requirements of law. Every person is cautioned not to use this package or label again or to remove the contents without destroying the revenue stamp thereon, under the penalty prescribed by —failure to affix, penalty.law in such cases.
” Every person, firm, or corporation failing or neglecting to affix such label to any package containing mixed Hour made or packed by him or them, or who removes from any such package any label so affixed, shall, upon conviction thereof, be fined not less than fifty dollars for each label so removed. Contents of packages limited. Sec. 40. That barrels or other packages in which mixed Hour maybe packed shall contain not to exceed one hundred and ninety-six pounds; —tax on.that upon the manufacture and sale of mixed flour there shall be levied a tax of four cents per barrel or other package containing one hundred and ninety-six pounds or more than ninety eight pounds; two cents on every half barrel or other package containing ninety-eight pounds or more than forty-nine pounds; one cent on every quarter barrel or other package containing forty-nine pounds or more than twenty-four and one-half pounds; and one-half cent on every one-eighth barrel or other package containing twenty-four and a half pounds or less, to be paid —stamps.by the person, firm, or corporation making or packing said flour.
The tax levied by this section shall be represented by coupon stamps, and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff shall, so far as applicable, be made to apply *Proviso.* Repacked flour. —no additional tax.to stamps provided in this section: *Provided,* That when mixed flour, on the manufacture and sale of which the tax herein imposed has been paid, is sold and then repacked without the addition of any other material, —branding of packages, etc.such repacked flour shall not be liable to any additional tax; but the packages containing such repacked Hour shall be branded or marked as required by the provisions of section thirty-seven of this Act, and shall contain the card provided for in section thirty-seven hereof; and in addition thereto the person, firm, or corporation repacking mixed Hour shall place on the packages containing the same a label in the following words:
“Notice.—The contents of this package have been 469taken from a regular statutory package, upon which the tax has been duly paid.” Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or by imprisonment not to exceed one year. Sec. 41. That whenever any person, firm, or corporation sells, consigns, Sale or removal of goods without paying tax.or removes for sale, consignment, or consumption any mixed flour upon which the tax required by this Act has not been paid, it shall be the duty of the Commissioner of Internal Revenue, for a period of not more than one year after such sale, consignment, or removal, upon satisfactory proof, to estimate the amount of tax which should have been paid, and to make an assessment therefor and certify the —assessment of tax.same to the collector of the proper district.
The tax so assessed shall be in addition to the penalties imposed by this Act for an unauthorized sale or removal. Sec. 42. That all mixed flours, imported from foreign countries, shall, Imported flour, tax on.in addition to any import duties imposed thereon, pay an internal-revenue tax equal in amount to the tax imposed under section forty of this Act, such tax to be represented by coupon stamps, and the packages containing such imported mixed Hour shall be marked, branded, labeled, and stamped as in the case of mixed flour made or packed in the United States.
Any person, firm, or corporation purchasing or receiving for Penalty for receiving unbranded, etc. sale or repacking any such mixed flour which has not been branded, labeled, or stamped, as required by this Act, or which is contained in packages which have not been marked, branded, labeled, or stamped, as required by this Act, shall, upon conviction, be fined not less than fifty dollars nor more than five hundred dollars. Sec. 43. That any person, firm, or corporation knowingly purchasing Penalty for knowingly purchasing flour unstamped, etc.or receiving tor sale or for repacking and resale any mixed flour from any maker, packer, or importer, who has not paid the tax herein provided, shall, for each offense, be fined not less than fifty dollars, and forfeit to the United States all the articles so purchased or received, or the full value thereof.
Sec. 44. That mixed flour may be removed from the place of manufacture Flour for export not taxed.or from the place where packed for export to a foreign country without payment of tax or affixing stamps or label thereto, under such regulation and the filing of such bond and other security as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. Every person, firm, or corporation who —branding.shall export mixed flour shall plainly mark on each package containing the same the words “mixed flour,” and the names of the ingredients composing the same, the name of the maker’ or packer, and the place where made or packed, in accordance with the provisions of sections thirty-six to forty-five, inclusive, of this Act.
Sec. 45. That whenever any package containing mixed flour is emptied Destruction of stamp on empty packages.it shall be the duty of the person in whose possession it is to destroy the stamp thereon. Any person disposing of such package without first having destroyed the stamp or mark or marks thereon shall, upon conviction, be punished by a fine not exceeding the sum of twenty-five dollars. Sec. 46. That all lines, penalties, and forfeitures imposed by section Recovery of fines, etc. *Ante,* p. 467, etc.thirty-six to section forty-five, both inclusive, of this Act may be recovered in any court of competent jurisdiction.
Sec. 47. That the Commissioner of Internal Revenue, with the Regulations.approval of the Secretary of the Treasury, shall make all needful rules and regulations for carrying into effect the provisions relating to the manufacture and sale of mixed flour, being section thirty-five to section forty-nine, both inclusive, of this Act, and the said Commissioner of *Ante,* p. 407, etc.Internal Revenue, by and with the approval of the Secretary of the Treasury, for the purpose of carrying said last-mentioned provisions Additional clerks, etc. *Post,* p. 865.of this Act into effect, is hereby authorized to employ such additional clerks and agents as may be necessary for that purpose, not to exceed twenty in number. 470 FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 448–450. 1898. Penalty for second, etc., violation. Sec. 48. That any person, firm, or corporation found guilty of a second or any subsequent violation of any of the provisions of section thirty-six to section forty-five, both inclusive, relating to the manufacture and sale of mixed Hour as aforesaid, of this Act shall, in addition to the penalties herein imposed, be imprisoned not less than thirty days nor more than ninety days. To take effect, etc. Sec. 49. That the provisions of this Act relating to the manufacture and sale of mixed flour shall take effect and be in force sixty days from and after the date of the passage of this Act; and all packages of mixed flour found on the premises of any person, firm, or corporation on said day, who has made, packed, or repacked the same, on which the tax herein authorized has not been paid, shall be deemed taxable under the provisions of section thirty-six to section forty-five, both inclusive, of this Act, and shall be taxed and have affixed thereon such marks, brands, labels, and stamps as required by the provisions of said sections or by the rules and regulations prescribed by the Commissioner of Internal Revenue, under authority of this Act. tea.
Tea. —tax on. Sec. 50. That there shall be levied, collected, and paid upon tea when imported from foreign countries a duty of ten cents per pound. Act to take effect, etc. Sec. 51. That this Act shall take effect on the day next succeeding the date of its passage except as otherwise specially provided for. Approved, June 13, 1898. Chapter 449: Making an appropriation to pay the Bering Sea awards. 30 Stat. 470 1898-06-15 Chapter 449 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 449.— An Act Making an appropriation to pay the Bering Sea awards. June 15, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That to enable the President Bering Sea awards. Appropriation for payment. Vol. 27, pp. 844, 947.to pay to the Government of Her Britannic Majesty the amount awarded by the commissioners appointed pursuant to the stipulations of the convention of February eighth, eighteen hundred and ninety-six, between the United States and Great Britain, providing for the settlement of the claims presented by the latter against the former in virtue of the convention of February twenty-ninth, eighteen hundred and ninety-two, the sum of four hundred and seventy three thousand one hundred and fifty one dollars and twenty six cents is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Qualifications.This appropriation is made without the admission that any liability exists for any loss of prospective profits to British vessels engaged in pelagic fur sealing; or for interest on the sums awarded to Great Britain, and without admitting the authority of the arbitrators to make any award on the basis of damages for the arrestor detention of vessels not included in the submission contained in the treaty. Approved, June 15, 1898. Chapter 450: To amend the charter of the Capital Railway Company. 30 Stat. 470 1898-06-15 Chapter 450 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 450.— An Act To amend the charter of the Capital Railway Company. June 15, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Capital Railway Company District of Columbia. Capital Railway Company. Propelling power on Navy-Yard Bridge.is hereby authorized to install and use the double overhead-trolley system on the Navy-Yard Bridge for the purpose of propelling its cars across the same, the speed on the bridge not to exceed the rate of three and a half miles an hour and the double trolley wires to be protected by a wooden trough and thoroughly insulated from said bridge; details of construction to be subject to the approval of the District Commissioners.
Time for completion of road extended. Vol. 29, p. 188. Sec. 2. That the time granted the Capital Railway Company to construct its road by Act approved May twenty-eighth, eighteen hundred and ninety-six, is hereby extended one year from the approval of this FIFTY-FIFTH CONGRESS. Sess. II. Chs. 450–452. 1898.471Act, and if the underground system now used by the company is finally Underground system.rejected, it is authorized to install an underground system essentially similar to that used by the Metropolitan Railway Company.
Sec. 3. That Congress reserves the right to alter, amend, or repeal this Act. Amendment. Approved, June 15, 1898. Chapter 451: To authorize the establishment of a life-saving station at or near Charlevoix, Michigan. 30 Stat. 471 1898-06-15 Chapter 451 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 451.— An Act To authorize the establishment of a life-saving station at or near Charlevoix, Michigan.
June 15, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Life Saving Service. Station established at Charlevoix, Mich.Treasury be, and he is hereby, authorized to establish a life-saving station at or near Charlevoix, Michigan, in such locality as the General Superintendent of the Life Saving Service may recommend. Sec. 2. That the character of the equipments and appliances of the Equipments, etc.station, the number of men constituting its crew, and the portion of the year during which it shall be manned, shall be determined by the General Superintendent of the Life-Saving Service.
Approved, June 15, 1898. Chapter 452: To authorize the construction of a bridge across the Missouri River at or near Quindaro, Kansas, by the Kansas City, Northeastern and Gulf Railway Company. 30 Stat. 471 1898-06-15 Chapter 452 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 452.— An Act To authorize the construction of a bridge across the Missouri River at or near Quindaro, Kansas, by the Kansas City, Northeastern and Gulf Railway Company.
June 15, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Kansas City, Northeastern Kansas City, Northeastern and Gulf Railway may bridge Missouri River.and Gulf Railway Company, a corporation duly incorporated under the laws of the State of Kansas, be, and the same is hereby, authorized and empowered to erect, construct, and maintain a bridge over and across the Missouri River for the passage and crossing of railroad cars and engines and such other material and things as may be used in the management, construction, or operation of a railroad, hereby giving and granting unto said railway company the power and authority to erect, establish, construct, and maintain in connection with such railway bridge a wagon and foot-passenger bridge, or either or both of them.
Sec. 2. That said bridge shall be constructed over said river at or Location.within one mile of the section line dividing sections twenty-nine and thirty, in township ten south, of range twenty-five east, and at or near what is known as Quindaro, in Wyandotte County, Kansas. Sec. 3. That any bridge built under this Act and subject to its limitations Lawful structure and post route.shall be a lawful structure and shall be recognized and known as a post route, upon which also no higher charge shall be made for the transportation 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 the said bridge, and it shall enjoy the rights and privileges of other post roads of the United States.
Sec. 4. That the rights, privileges, and authority granted to said Rights and obligations of successors of railway.railway company by this Act shall extend to and be enjoyed by the successors, grantees, and assigns of said railway company, and the obligations and duties by this Act made incumbent upon said railway company shall be assumed in all respects by any such grantee, assignee, or successor of said railway company. The said railway company shall Approaches to bridge.have the right, privilege, and authority to build, establish, erect, and maintain all necessary approaches to said bridge upon either bank of said river; and when said bridge is constructed all trains of all other railroad companies, or transportation companies, which may desire to use said bridge in the conduct of their business, and which may approach said bridge from either side of said river shall pay to said railway com-472FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 452. 1898.pany, its successors or assigns, a reasonable compensation for the use of the same, to be fixed by the Secretary of War, if the parties to such Tolls.transactions can not agree. The owners of said bridge, if they shall erect, establish, and maintain in connection therewith a wagon and foot-passenger bridge, may charge and receive reasonable compensation or tolls, at the option of said railway company, its successors or assigns, for the transit over said bridge of all wagons, carriages, vehicles, animals, and foot passengers.
To be a high bridge, etc. Sec. 5. That any bridge built under the provisions of this Act shall be a high bridge with unbroken and continuous spans, the lowest point of superstructure of which shall have an elevation of at least fifty feet above the high-water grade line for bridges as established by the Missouri River Commission, and the main or channel span shall afford a clear channel way of not less than four hundred feet, and all other spans over the waterway shall have a clear channel way of at least three hundred feet, and the said bridge shall be built at right angles to and its *Provisos.* Lights.piers parallel with the current of the river: *Provided,* That said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Aids to navigation.Board shall prescribe, and such sheer booms or other structures as may be necessary to safely guide vessels, rafts, or other water craft safely through said channel spans, and as shall be designed and required by Construction of permanent channel.the Secretary of War: *And provided further,* That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river either above or below the point of location of said bridge, and confine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said —qualifications, etc.object, but shall not impede or obstruct the navigation or Hood discharge of said river, and shall be liable for all injuries to or appropriation of private property, and all plans for such works or erections upon or within the banks of the river shall first be submitted to the Secretary of War for his approval, and no such works shall be commenced without his approval.
Obstruction of navigation. Secretary of War to approve plans, etc. Sec. 6. That no bridge shall be erected or maintained under the authority of this Act which shall substantially or materially obstruct the free navigation of said river: and no bridge shall be commenced or built under this Act until the location thereof and the plans and specification for its construction, with such maps as may be necessary for a full understanding of the regimen of the river for a distance of one mile above and one half mile below the proposed site of the bridge, shall have been submitted to and approved by the Secretary of War; —changes.and any change in the plan of such construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause such change or alteration of said bridge to be made as will obviate such obstruction, and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge, or the persons operating or controlling the same;
Litigation.and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of the Missouri River, at or near the crossing of said bridge, caused thereby, the cause shall be commenced and tried in the circuit courts of the United States, of either judicial district of the State of Missouri or Kansas, in which said bridge or any portion of such obstruction touches. Telegraph, etc., lines. Sec. 7. That the United States shall also have the right to construct, without charge therefor, telegraph or telephone lines across said Amendment.bridge, and the Congress of the United States may at any time alter, amend, or repeal this Act.
Commencement and completion. Sec. 8. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year, and completed within three years from the date hereof. Approved, June 15, 1898. Chapter 456: To provide an American register for the steamer Arkadia. 30 Stat. 473 1898-06-16 Chapter 456 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public FIFTY-FIFTH CONGRESS. Sess. II. Chs. 456–459. 1898. 473 chap. 456.— An Act To provide an American register for the steamer Arkadia. June 16, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamer “Arkadia.” Granted American register.Treasury is hereby authorized and directed to cause the foreign-built steamer Arkadia, owned by the New York and Porto Rico Steamship Company, incorporated under the laws of the State of New York, to be registered as a vessel of the United States: *Provided,* That the said *Proviso.* Coastwise trade.steamship shall not engage in the coastwise trade of the United States, but shall not be excluded from that between this country and Porto Rico.
Approved, June 16, 1898. Chapter 457: To provide American registers for the steamers Victoria, Olympia, Arizona, Columbia, Argyle, and Tacoma. 30 Stat. 473 1898-06-16 Chapter 457 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 457.— An Act To provide American registers for the steamers Victoria, Olympia, Arizona, Columbia, Argyle, and Tacoma.
June 16, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamers “Victoria,” “Olympia,” “Arizona,” “Columbia,” “Argyle,” and “Tacoma.” Granted American registers.Treasury is hereby authorized and directed to cause the foreign-built steamers Victoria, Olympia, Arizona, Columbia, Argyle, and Tacoma, owned by the Northern Pacific Steamship Company, to be registered as vessels of the United States.
Approved, June 16, 1898. Chapter 458: For the protection of homestead settlers who enter the military or naval service of the United States in time of war. 30 Stat. 473 1898-06-16 Chapter 458 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 458.— An Act For the protection of homestead settlers who enter the military or naval service of the United States in time of war.
June 16, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in every case in which a Public lands. Absence of settler enlisted as soldier, etc., to be equivalent to residence, etc.settler on the public land of the United States under the homestead laws enlists or is actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the existing war with Spain, or during any other war in which the United States may be engaged, his services therein shall, in the administration of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonment sustained against any such settler, unless it shall be alleged in the preliminary affidavit or affidavits of contest, and proved at the hearing in cases hereafter initiated, that the settler’s alleged absence from the land was not due to his employment in such service: *Provided,* That if such settler shall be discharged on account of wounds *Provisos.* Discharge for disability.received or disability incurred in the line of duty, then the term of his enlistment shall be deducted from the required length of residence without reference to the time of actual service: *Provided further,* That One year’s residence necessary.no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements.
Approved, June 16, 1898. Chapter 459: For a survey for a channel leading from Ship Island Harbor, Mississippi, to the railroad pier at Gulf Port, Mississippi, and to Biloxi, Mississippi, and for a survey of Ship Island Pass. 30 Stat. 473 1898-06-16 Chapter 459 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 459.— An Act For a survey for a channel leading from Ship Island Harbor, Mississippi, to the railroad pier at Gulf Port, Mississippi, and to Biloxi, Mississippi, and for a survey of Ship Island Pass.
June 16, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of War be, Survey of channel from Ship Island Harbor, Mississippi, to Gulf Port, etc.and he is hereby, authorized and directed to cause to be made a survey for a channel leading from Ship Island Harbor, Mississippi, to the rail-474FIFTY-FIFTH CONGRESS. Sess. II. Chs. 459, 460, 463. 1898.road pier at Gulf Port, Mississippi, and from Ship Island Harbor to Biloxi, Mississippi, and also for an anchorage basin at both places, with a view to ascertaining the cost of same and its advisability.
He shall also report a place for making and maintaining said channels and basins by necessary dredging and improvements, together with an estimate of the cost of same. He shall further cause to be made a survey for a channel twenty-six feet deep at mean low water through Ship Island Pass, Mississippi, and report the cost and advisability of making same by dredging. Approved, June 16, 1898. Chapter 460: To authorize the construction of a bridge across Saint Francis Lake, at or near Lake City, State of Arkansas. 30 Stat. 474 1898-06-16 Chapter 460 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 460.— An Act To authorize the construction of a bridge across Saint Francis Lake, at or near Lake City, State of Arkansas. June 16, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Jonesboro, Lake City Jonesboro, Lake City and Eastern Railroad may bridge Lake Saint Francis, Arkansas.and Eastern Railroad Company, a corporation incorporated under the laws of the State of Arkansas, its successors or assigns, are hereby authorized to construct, operate, and maintain a drawbridge across Lake Saint Francis, at or near Lake City, in the State of Arkansas.
Said bridge shall be constructed in accordance with such plans as the Secretary of War may decide to be necessary, and approved by him: *Provisos.* Secretary of War to approve plans, etc.*Provided,* That before the construction of any bridge herein authorized is commenced the said company shall submit to the Secretary of War, for his examination and approval, a design and drawing of such bridge, and map of the location, giving sufficient information to enable the Secretary of War to fully and satisfactorily understand the subject; and unless the plan and location of such bridge are approved by the Secretary Aids to navigation.of War the structure shall not be built: *Provided further,* That any bridge constructed under authority of this Act shall at all times be so kept and managed as to offer proper and reasonable means for the passage of vessels and other water craft through or under said structure;
Position of piers, etc. Lights.and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the lake; and for the safety of vessels passing at night there shall be displayed on said bridge, from sunset to sunrise, such lights or other signals as may be prescribed by the Light-House Board. Railroads. —right to use bridge. Sec. 2. That all railroad companies desiring the use of said bridge shall have equal rights and privileges relative to the passage of railway trains over the same and over the approaches thereto, upon payment —disagreement with owner.of a reasonable compensation for such use; and in case the owner of said bridge and any railroad company desiring such use shall fail to agree upon the sums to be paid or upon the conditions to be observed, all matters at issue shall be decided by the Secretary of War upon hearing the allegations and proof of the parties.
Commencement and completion. Sec. 3. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within two years from the approval of this Act. Amendment. Sec. 4. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 16, 1898. Chapter 463: To organize a hospital corps of the Navy of the United States; to define its duties and regulate its pay. 30 Stat. 474 1898-06-17 Chapter 463 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 463.— An Act To organize a hospital corps of the Navy of the United States; to define its duties and regulate its pay. June 17, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That a hospital corps of the Navy. Organization of hospital corps.United States Navy is hereby established, and shall consist of pharmacists hospital stewards, hospital apprentices (first class), and hospital FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 463–465. 1898.475apprentices; and for this purpose the Secretary of the Navy is empowered to appoint twenty-five pharmacists with the rank, pay, and privileges of warrant officers, removable in the discretion of the Secretary, and to enlist, or cause to be enlisted, as many hospital stewards, hospital apprentices (first class), and hospital apprentices as in his judgment may be necessary, and to limit or fix the number, and to make such regulations as may be required for their enlistment and government.
Enlisted men in the Navy or the Marine Corps shall be eligible for transfer to the hospital corps, and vacancies occurring in the grade of pharmacist shall be filled by the Secretary of the Navy by selection from those holding the rate of hospital steward. Sec. 2. That all necessary hospital and ambulance service at naval Duties, etc.hospitals, naval stations, navy-yards, and marine barracks, and on vessels of the Navy, Coast Survey, and Fish Commission, shall be performed by the members of said corps, and the corps shall be permanently attached to the Medical Department of the Navy, and shall be included in the effective strength of the Navy and be counted as a part of the enlisted force provided by law, and shall be subject to the laws and regulations for the government of the Navy.
Sec. 3. That the pay of hospital stewards shall be sixty dollars a Pay.month, the pay of hospital apprentices (first class) thirty dollars a month, and the pay of hospital apprentices twenty dollars a month, with the increase on account of length of service as is now or may hereafter —longevity.be allowed by law to other enlisted men in the Navy. Sec. 4. That all benefits derived from existing laws, or that may Benefit of laws, etc.hereafter be allowed by law, to other warrant officers or enlisted men in the Navy shall be allowed in the same manner to the warrant officers or enlisted men in the hospital corps of the Navy.
Sec. 5. That all acts and parts of acts, so far as they conflict with Repea..the provisions of this Act, are hereby repealed. Approved, June 17, 1898. Chapter 464: To provide American registers for the steamers Specialist and Unionist. 30 Stat. 475 1898-06-18 Chapter 464 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 464.— An Act To provide American registers for the steamers Specialist and Unionist.
June 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of the Steamers “Specialist” and “Unionist.” Granted American registers.Treasury is hereby authorized and directed to cause the foreign-built steamers Specialist and Unionist to be registered as vessels of the United States, provided that they shall not engage in the coastwise trade of this Republic. Approved, June 18, 1898. Chapter 465:
Granting to the Kettle River Valley Railway Company a right of way through the north half of the Colville Indian Reservation in the State of Washington. 30 Stat. 475 1898-06-18 Chapter 465 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 465.— An Act Granting to the Kettle River Valley Railway Company a right of way through the north half of the Colville Indian Reservation in the State of Washington.
June 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there be, and is hereby, Kettle River Valley Railway granted right of way across Colville Indian Reservation, etc.granted to the Kettle River Valley Railway Company, a corporation organized under the laws of the State of Washington, a right of way for a railroad, to the extent of one hundred feet on each side of the center line thereof, across the said north half of the said Colville Indian Reservation, and also a right of way to the extent of one hundred feet on each side of the center line of any branches of said line, commencing Location.at a point on the line of the Spokane Falls and Northern Railway, in Stevens County, Washington, crossing the Columbia River, and running thence westerly and northwesterly by the most feasible route through the north half of said reservation, said line or branches to con-Connections.476FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 465, 466. 1898.nect at one or more points on the international boundary line with any road organized under the laws of the Dominion of Canada or Province Right on public lands. Vol. 18, p. 482.of British Columbia, together with all the rights granted to railroads by the Act of Congress entitled “An Act granting to railroads a right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five. And for the purpose of this giant and the construction of said railway all the provisions of said Act are hereby declared to be applicable thereto to the same extent as though the lands in said reservation were open to settlement and sale.
Damages to property. Sec. 2. That any damages or injuries occasioned to private property, whether the same be a vested or inchoate right to the property injured, whether the same belong to a white man or an Indian, shall be ascertained, and compensation made therefor in accordance with the laws of Washington relating to the exercise of eminent domain or the taking of private property for public use. Approved, June 18, 1898. Chapter 466: Authorizing the appointment of a nonpartisan commission to collate information and to consider and recommend legislation to meet the problems presented by labor, agriculture, and capital. 30 Stat. 476 1898-06-18 Chapter 466 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 466.— An Act Authorizing the appointment of a nonpartisan commission to collate information and to consider and recommend legislation to meet the problems presented by labor, agriculture, and capital. June 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That a commission is hereby “Industrial Commission” created. *Post,* p. 1118. Appointment of members.created, to be called the “Industrial Commission,” to be composed as follows:
Five members of the Senate, to be appointed by the presiding officer thereof; five members of the House of Representatives, to be appointed by the Speaker, and nine other persons, who shall fairly represent the different industries and employments, to be appointed by the President, by and with the advice and consent of the Senate. Duties. Sec. 2. That it shall be the duty of this commission to investigate questions pertaining to immigration, to labor, to agriculture, to manufacturing, and to business, and to report to Congress and to suggest such legislation as it may deem best upon these subjects.
Sec. 3. That it shall furnish such information and suggest such laws as maybe made a basis for uniform legislation by the various States of the Union, in order to harmonize conflicting interests and to be equitable to the laborer, the employer, the producer, and the consumer. Hearings. Subcommission. Sec. 4. That the commission shall give reasonable time for hearings, if deemed necessary, and if necessary it may appoint a subcommission or subcommissions of its own members to make investigation in any part of the United States, and it shall be allowed actual necessary expenses for the same.
It shall have the authority to send for persons Expenses.and papers and to administer oaths and affirmations. All necessary expenses, including clerks, stenographers, messengers, rent for place-of meeting, and printing and stationery, shall be paid from any money in the Treasury not otherwise appropriated; however, not to exceed fifty thousand dollars per annum for expenditures under this section. Reports. Sec. 5. That it may report from time to time to the Congress of the United States, and shall at the conclusion of its labors submit a final report.
Term of commission. Salaries. Traveling expenses. Sec. 6. That the term of the commission shall be two years. The salary of each member of this commission appointed by the President shall be three thousand six hundred dollars per annum. Each member of the commission shall be allowed actual traveling expenses. Vacancies how filled. Sec. 7. That any vacancies occurring in the commission by reason of death, disability, or from any other cause shall be filled by appointment by the officer and in the same manner as was the member whose retirement Terms of Senators, etc.from the commission creates the vacancy.
That in case the term of a Senator or Representative expires while a member of this commission, said Senator or Representative shall not thereby cease to be a FIFTY-FIFTH CONGRESS. Sess. II. Chs. 466, 467. 1898.477member of said commission, but shall serve until the expiration of the term for which he was appointed, drawing pay from the time his term as Senator or Representative expires, at the same salary as those members of the commission appointed by the President of the United States.
Sec. 8. That a sum sufficient to carry out the provisions of this Appropriation.Act is hereby appropriated out of any money in the Treasury of the United States not otherwise appropriated. Approved, June 18, 1898. Chapter 467: To regulate plumbing and gas fitting in the District of Columbia. 30 Stat. 477 1898-06-18 Chapter 467 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 467.— An Act To regulate plumbing and gas fitting in the District of Columbia. June 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Commissioners of the District of Columbia. Regulation of plumbing and gas fitting. Appointment of board.District of Columbia be, and they are hereby, authorized to appoint a plumbing board to be composed of two master plumbers, one journeyman plumber competent to be licensed as master plumber, and two employees of the District of Columbia having a knowledge of plumbing and gas fitting and sanitary work, whose compensation shall be three hundred dollars per annum each, payable monthly.
A majority of the board shall be deemed competent for action. Sec. 2. That in addition to such advisory duties as said Commissioners Duties.shall assign them, it shall be the duty of said plumbing board to examine all applicants for license as master plumbers or gas fitters, and to report to said Commissioners, who, if satisfied from such report that the applicant is a fit person to engage in the business of plumbing or gas fitting, shall issue a license to such person to engage in such business.
Sec. 3. That applicants for licenses as master plumbers or gas fitters Master plumbers and gas litters. Qualifications for license.must be twenty-one years of age, must make application in their own handwriting, and must accompany such application with a certificate as to good character, signed by at least three reputable citizens of the District of Columbia. Sec. 4. That the fee for a license as master plumber or gas fitter shall be three dollars. —fee. Sec. 5. That it shall be unlawful for any person to engage in the Unlawful to work without license.work of plumbing or gas fitting in the District of Columbia unless he is licensed as provided in this Act, or is an employee of a licensed master plumber.
Sec. 6. That it shall be unlawful for the owner or lessee of any building —to employ unlicensed person.in the District of Columbia, or the agent or representative of such owner or lessee, to knowingly employ an unlicensed person to do plumbing or gas fitting in or about such building. Sec. 7. That it shall be unlawful for any person to make any cut or —to make trenches, etc., on public highways, etc., without permits.trench in any highway, reservation, or public space in the District of Columbia, or to disturb or remove any public work or materials therein, without a permit so to do from the Commissioners of the District of Columbia: *Provided,* That nothing in this Act shall be construed to *Proviso.* Public buildings excepted, etc.apply to public buildings of the United States, or to diminish the authority of the officer in charge of public buildings and grounds, or the Architect of the Capitol.
Sec. 8. That any person violating any of the provisions of this Act Penalty.shall, on conviction thereof in the police court, be punished by a fine of not less than five dollars nor more than one hunched dollars: and in default of payment of such fine such person shall be confined in the workhouse of the. District of Columbia for a period not exceeding six months: and all prosecutions under this Act shall be in the police court Jurisdiction.of said District, in the name of the District of Columbia.
Sec. 9. That this Act shall go into effect thirty clays from and after its approval, and all acts inconsistent herewith are hereby repealed. Approved, June 18, 1898. Chapter 468: To incorporate the East Washington Heights Traction Railroad Company in the District of Columbia. 30 Stat. 478 1898-06-18 Chapter 468 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public 478 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 468. 1898. chap. 468.— An Act To incorporate the East Washington Heights Traction Railroad Company in the District of Columbia. June 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That James G. Berret, Archibald District of Columbia. Incorporation of East Washington Heights Traction Railroad.M. Bliss, George S. Boutwell, William Corcoran Hill, Brainard H.
Warner, John A. Baker, Samuel Cross, T. E. Roessle, William H. Rapley, John T. Devine, Chester A. Snow, Charles T. Havenner, Charles A. Barker, Henry P. Blair, Charles L. Du Bois, W. N. Morrison, Appleton P. Clark, junior, Henry Brock, C. C. Lancaster, George H. Judd, D. C. Fountain, Thomas E. Young, Phillips Clark, Thomas J. Brown, R. F. Bradbury, Henry Naylor, all of Washington, District of Columbia; Albert W. Fletcher, Chauncey Marshall, William B. Duncan, junior, Edward O.
Potter, Jacob J. Leeds, Edward H. Clark, J. P. Livingston, of New York City; Erwin C. Carpenter, James S. Dyett, of Rome, New York; Arthur Mahoney, of Brooklyn, New York; Philemon L. Hoadley, of Newark, New Jersey, and their associates and assigns, be, and they are hereby, created a body corporate under the name of the East Washington Heights Traction Railroad Company of the District of Columbia, and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal; and said corporation is hereby authorized to construct and lay down a single or double track street, railway, with the necessary switches, turn-outs, and other mechanical devices, in the District of Columbia, through and along the following routes:
Location. Beginning at the circle at the western approach to the Pennsylvania Avenue Bridge, at a point to be fixed by the Commissioners of the *Proviso.* Passenger station.District of Columbia: *Provided,* That this terminus be constructed in accordance with plans to be approved by the Commissioners of the District of Columbia, with a loop or passenger station, or both, as may be considered by them necessary for the interests and convenience of the public; thence across the Anacostia or Eastern Branch of the Potomac River, on a bridge or trestle to be built by the said company in accordance with plans to be approved by the Secretary of War; thence along Pennsylvania, avenue extended to Branch avenue; thence along Branch avenue to the Bowen road or Albany street; thence along the Bowen road or Albany street to the settlement known as Good Hope; also from the intersection of Branch avenue and the Bowen road to the District, line, by a route to be approved by the Commissioners of the District of Columbia; also from the intersection of Minnesota avenue with Pennsylvania avenue extended along Minnesota avenue to Harrison street; also from the intersection of Pennsylvania avenue extended and Twenty eighth street northward to the Anacostia road; thence along said Anacostia road to a point to be fixed by the Commissioners of the District of Columbia opposite the settlement known as East Washington Park.
Construction out side country roads etc. *Proviso.* Inclusion of right of way in highways. Sec. 2. That when the route described coincides with that, of a country road of less width than sixty-six feet the railway shall be constructed entirely outside the road: *Provided,* That if at any time in the future any part of the right of way of the company shall be included within the lines of public highways, such part of said right of way shall be dedicated to the public without expense to the District of Columbia.
Approval of materials for construction, etc. Sec. 3. That the said railway shall be constructed in a substantial and durable manner, and all rails, electrical and mechanical appliances, conduits, stations, and so forth, shall be approved by the Commissioners of the District of Columbia. Space between tracks, etc., to be kept in condition, etc. Sec. 4. That the said corporation shall at all times keep the space between its tracks and rails and two feet exterior thereto in such condition as the Commissioners of the District of Columbia or their successors may direct: and whenever any street occupied by said railway is paved or repaired or otherwise improved the said corporation shall 479bear all the expense of improving the spaces above described.
Should the said corporation fail to comply with the orders of the Commissioners the work shall be done by the proper officials of the District of Columbia and the amounts due from said corporation shall be collected as provided by section five of the Act entitled “An Act providing a Vol. 20, p. 105.permanent form of government for the District of Columbia,” approved June eleventh, eighteen hundred and seventy-eight. Sec. 5. That nothing in this Act shall prevent the District of Columbia Alteration of streets occupied by railway.at any time, at its option, from altering the grade of any avenue, street, or highway occupied by said railway or from altering and improving streets, avenues, and highways and the sewerage thereof.
In such event it shall be the duty of said company at once to change its said railway and the pavement so as to conform to such grades and improvements as may have been established. Sec. 6. That it shall be lawful for said railway company, its successors Excavations for operating machinery.or assigns, having first obtained the permission of the District Commissioners therefor, to make all needful and convenient trenches and excavations in any of said streets or places where said railway company may have the right to construct and operate its road, and place in such trenches and excavations all needful and convenient devices and machinery for operating said railroad in the same manner and by the means herein provided, but shall forthwith restore the street to like good condition as it was before.
But whenever such —interference with pipes, etc.trenches or excavations shall interfere with any sewer, gas, or water pipes, or any subways or conduits, or any public work of the kind, then the expense necessary to change such underground constructions shall be borne by the said railway company. Sec. 7. That it shall also be lawful for said corporation, its successors Location of engine, etc., houses.or assigns, to erect and maintain, on private grounds, at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said corporation, and subject to the approval of the said Commissioners, an engine house or houses, boiler house, and all other buildings necessary for the successful operation of the said railroad.
Sec. 8. That the line of the said railroad shall be commenced within Commencement and completion.one year and completed within two years from date of the passage of this Act; and in default of such commencement or completion within the time in this section specified, all rights, franchises, and privileges granted by this Act shall immediately cease and determine: *Provided,* *Provisos.* —failure not to repeal charter.That failure to commence to construct or to complete either of the said portions of the routes as provided tor in section one of this Act shall operate to repeal the authority to build said portion or portions, and shall not repeal the charter of said company: *Provided, however,* That —completion to District line.the said railroad shall be commenced and completed within the time aforesaid from the circle at the western approach to the Pennsylvania Avenue Bridge to the District line as hereinbefore provided.
Sec. 9. That the said company may run its cars by the overhead Propelling power.trolley electric system, or such other electric or mechanical system as the Commissioners of the District of Columbia may approve. Steam power shall not be used: *Provided,* That if electric power by trolley be *Provisos.* Electric connection with earth, etc.used a return wire similar in capacity and insulation to the feed wire shall be provided, and each car shall be provided with a double trolley, and no pole of any dynamo furnishing power to the railway shall be connected with the earth: *Provided further,* That for the purpose of Crossing of streets, etc.making a continuous connection over the route hereinbefore described the said company shall have the right to cross all streets, avenues, and highways that may be along the designated route: *Provided further,* Use of tracks in common by coinciding lines, etc.
That whenever the foregoing route or routes may coincide with the route or routes of any duly incorporated street-railway company in the District of Columbia the tracks shall be used by both companies, which are hereby authorized and empowered to use such tracks in common, upon such fair and equitable terms as maybe agreed upon by said companies; and in the event the said companies fail to agree upon 480equitable terms, either of said companies may apply by petition to the supreme court of the District of Columbia, which shall immediately provide for proper notice to and bearing of all parties interested, and shall have power to determine the terms and conditions upon which, and the regulations under which, the company hereby incorporated shall be entitled so to use and enjoy the track of such other street rail way company, and the amount and manner of compensation to be paid —not to be need as station to await passengers.therefor: *And provided further,* That neither of the companies using such track in common shall be permitted to make the track so used in common the depot or general stopping place to await passengers, but shall only be entitled to use the same for the ordinary passage of its cars, with the ordinary halts for taking up and dropping off passengers: —existing stations not affected.
Use of aligning roads; repairs, etc.*Provided further,* That this shall not apply to or interfere with any station already established on any existing lines. That said corporation is authorized and empowered to propel its ears over the lines of any other road or roads which may be in alignment with, and upon such streets as may be covered by, the route or routes as prescribed in this Act, in accordance with the conditions hereinbefore contained; and that this corporation shall construct and repair such portions of its road as may be upon the line or routes of any other road thus used; —disagreements.and in case of any disagreement with any company whose line of road is thus used, such disagreement maybe summarily determined upon the application of either road to any court in said District having competent jurisdiction.
Passenger houses. Sec. 10. That the said company shall furnish and maintain passenger houses, provided with such conveniences for the public as required Cars.by the Commissioners of the District of Columbia, and shall use first-class cars on said railway, with all modern improvements for the convenience, comfort, and safety of passengers, and shall run cars as often Time-table.as the public convenience may require, in accordance with a time-table, to be subject to the approval of the Commissioners of the District of Columbia.
Regulations. Sec. 11. That the Commissioners of the District of Columbia may make such regulations as to the speed, mode of use of tracks, and the removal of ice and snow as in their judgment the interest and the convenience Penalty.of the public may require. Should the servants or the agents of said company willfully or negligently violate such an ordinance or regulation, said company shall be liable to the District of Columbia for a penalty not exceeding five hundred dollars.
Organization of company. Sec. 12. That within thirty days after the passage of this Act the corporators named in the first section, their associates, successors, or assigns, or a majority of them, or, if any refuse or neglect to act, then a majority of the remainder, shall meet at some convenient and accessible Subscriptions to capital stock. *Provisos.* —payment at time of subscribing.place in the District of Columbia for the organization of said company and for the receiving of subscriptions to the capital stock of the company: *Provided,* That every subscriber shall pay at the time of subscribing ten per centum in cash of the amount by him subscribed to the treasurer appointed by the corporation, or his subscription shall be —in what payable.null and void: *Provided further,* That nothing shall be received in payment of the ten per centum at the time of subscribing except lawful First meeting of stockholders.money or certified checks from any established national bank.
And when the books of the subscription to the capital stock of said company shall be closed the corporators named in the first section, their associates, successors, or assigns, or a majority of them, and in case any of them refuse or neglect to act, then a majority of the remainder, shall, within twenty days after, call the first meeting of the stockholders of —choice of directors.the said company to meet within ten days thereafter for the choice of directors, of which public notice shall be given for five days in two daily newspapers published in the city of Washington, and by written personal notice to be mailed to the address of each stockholder by the clerk of the corporation; and in all meetings of the stockholders each share shall entitle the holder to one vote, to be given in person or by proxy. 481 Sec. 13.
That the government and direction of affairs of the company Board of directors.shall be vested in a board of directors, nine in number, who shall be stockholders of record, and who shall hold their office for one year, and until others are duly elected and qualified to take their places as directors; and the said directors, a majority of whom shall be a quorum, —to elect officers of the company.shall elect one of their number to be president of the board, who shall also be president of the company, and they shall also choose a vice president, a secretary, and a treasurer, who shall give bond with surety to said company, in such sums as the said directors may require, for the faithful discharge of his trust.
In the ease of a vacancy in the —vacancies.board of directors by the death, resignation, or otherwise of any director the vacancy occasioned thereby shall be filled by the remaining directors. Sec. 14. That the directors shall have the power to make and prescribe —powers of board.such by-laws, rules, and regulations as they shall deem needful and proper touching the disposition and management of the stock, property, estate, and effects of the company not contrary to the charter or to the laws of the United States and the ordinances of the District of Columbia.
Sec. 15. That there shall be at least an annual meeting of the stockholders Annual choice of directors.for choice of directors, to be holden at such time in the District of Columbia, under such conditions, and upon such notice as the said company in their by-laws may prescribe; and said directors shall —report of to stuck holders.annually make a report in writing of their doings to the stockholders. Sec. 16. That said company is hereby authorized to issue its capital Issue of capital stock and bonds; limit.stock to an amount not to exceed the estimated cost of the construction and equipment of the road, in shares of fifty dollars each, and to issue bonds not to exceed the cost of construction of the road, but such stock and bonds shall not exceed in the aggregate more than the actual cost of the right of way, construction, and equipment of said road.
Said Payments of capital stock.company shall require the subscribers to the capital stock to pay in cash to the treasurer appointed by the corporators the amounts severally subscribed by them, as follows, namely: Ten per centum at the time of subscribing and the balance of such subscription to be paid at such times and in such amounts as the board of directors may require; and no subscription shall be deemed valid unless the ten per centum thereof shall be paid at the time of subscribing, as hereinbefore provided; and —failure to pay installment.if any stockholder shall refuse or neglect to pay any installment as aforesaid, or as required by the resolution of the board of directors, after reasonable notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his stock as shall pay said installments, and the person who offers to purchase the least number of shares for the assessment due shall be taken to be the highest bidder, and such sale shall be conducted under such general regulations as may be adopted in the by-laws of the said company; but no stock shall be sold for less than the total assessments due and pay able, or said corporation may sue and collect the same from any delinquent subscriber in any court of competent jurisdiction: *Provided,* That *Proviso.* Certifcates of stock.no certificates of stock shall be issued until the same has been paid for in money at its face value.
Sec. 17. That all articles of value that may be inadvertently left in Disposition of articles left in cars.any of the cars or other vehicles of the said company shall be taken to its principal depot and entered in a book of record of unclaimed goods, which book shall be open to the inspection of the public at all reason able hours of business. Sec. 18. That the East Washington Heights Traction Company shall Taxes.annually pay to the District of Columbia a franchise tax of five-eighths of one per centum of the entire gross earnings of such company, and a personal tax of two per centum per annum on the entire gross earnings of said company.
There shall also be levied and collected upon all of the real estate of said company a tax in the same manner and to the same extent as upon all other real estate in the District of Columbia; 482said taxes shall be due and payable, subject to the same penalties on arrears, and collectible in the same manner as other taxes in the District of Columbia. Fares. Sec. 19. That said company shall receive a rate of fare not exceeding five cents per passenger; but six tickets shall be sold for twenty-five *Proviso.* Transfers.cents: *Provided,* That the said company and the Capital Traction Company are hereby required to issue free transfers, whereby a passenger on the said East Washington Heights Traction Company shall be entitled to a continuous ride over the line of the other company, or vice versa.
Obstructions to transit, etc. Sec. 20. That the said company shall have at all times the free and uninterrupted use of the roadway, subject to the rights of the public, and if any person or persons shall willfully, mischievously, and unlaw fully obstruct or impede the passage of cars of said railway company with a vehicle or vehicles, or otherwise, or in any manner molest or interfere with passengers or operatives while in transit, or destroy or injure the cars of said railway, or depots, stations, or other property —penalty.belonging to the said railway company, the person or persons so offending shall forfeit and pay for each such offense not less than twenty-five nor more than one hundred dollars, to be recovered as other fines and penalties in said District, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his or her or their act as aforesaid; but no suit shall be brought unless commenced within sixty days after such offense shall have been committed.
Construction across other railways. Sec. 21. That the East Washington Heights Traction Company shall have the right of way across such other railways as are now in operation within the limits of the lines granted by this Act, and is hereby *Proviso.* —not to interrupt travel.authorized to construct its said road across such other railways: *Provided,* That it shall not interrupt the travel of such other railways in such construction. Ejection from cars. Sec. 22. That no person shall be prohibited the right to travel on any part of said road, or be ejected from the cars by the company’s employees, for any other cause than that of being drunk, disorderly, or contagiously diseased, or refusing to pay the legal fare exacted, or to comply with the lawful general regulations of the company.
Condemnation proceedings. Sec. 23. That in the event the company should not be aide to come to an agreement with the owner or owners of any land through which the said road may be located or pass, or which may be needed for terminal facilities and passenger stations, proceedings for the condemnation for the use of the company of so much of said land as may be required, not exceeding twenty feet in width for a right of way, and such tracts as may be necessary for terminal facilities and passenger stations, may be instituted in the usual way in the supreme court of the District of Columbia, under such rules and regulations as said court *Proviso.* —trial by jury.may prescribe tor such purposes: *Provided,* That any property owner shall have the right of trial by jury in such issue.
District Commissioners to approve plans, etc. Sec. 24. That all plans of location and construction of tracks and other structures in public places pertaining to said railway shall be subject to the approval of the Commissioners of the District of Columbia, and Deposit to cover cost of inspection, etc.all work thereof shall at all times be subject to their supervision. The said company shall, from time to time, deposit with the collector of taxes of the District of Columbia such amounts as maybe deemed necessary by said Commissioners to cover the costs of inspection, super vision, changes to water pipes and sewer connections, changes of curb and pavement, and work not otherwise provided for, which may be —unexpended balance returned.made necessary by the location or grade of said railway.
Any unexpended balance remaining after the construction of said road shall be returned to said company with an account in full of the disbursement of such deposits. Company’s successors to comply with obligations, etc. Sec. 25. That all the conditions, requirements, and obligations imposed by the terms of this Act upon the East Washington Heights Traction Company shall be complied with by any and all the successors to and assigns of said company. FIFTY-FIFTH CONGRESS. Sess. II.
Chs. 468, 469. 1898. 483 Sec. 26. That within sixty days from the approval of this Act the Deposit to guarantee construction.company shall deposit one thousand dollars with the collector of taxes of the District of Columbia to guarantee the construction of its rail way within the prescribed time. If this sum is not so deposited this —penalty, etc.charter shall be void. If the sum is so deposited and the road is not in operation as herein prescribed, said one thousand dollars shall be forfeited to the District of Columbia and this charter shall be void.
Sec. 27. That failure or neglect to comply with any of the provisions Penalty for failure to comply with act.of this Act, except as hereinbefore provided for, shall render the said corporation liable to a fine of twenty-five dollars for each and everyday during which such failure or neglect shall continue, which penalty may be recovered in the name of the District of Columbia by the Commissioners of the said District in any court of competent jurisdiction: *Provided, however,* That unless the line of the said railway shall be *Proviso.* Completion of line.completed, with ears running regularly thereon for the accommodation of passengers, within two years from the date of the passage of this Act, this charter shall be null and void.
Sec. 28. That Congress reserves the right to alter, amend, or repeal Amendment.this Act. Approved, June 18, 1898. Chapter 469: To amend an Act entitled “An Act to promote the administration of justice in the Army,” approved October first, eighteen hundred and ninety, and for other purposes. 30 Stat. 483 1898-06-18 Chapter 469 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 469.— An Act To amend an Act entitled “An Act to promote the administration of justice in the Army,” approved October first, eighteen hundred and ninety, and for other purposes. June 18, 1898. *Be it enacted by the Senate and House of Representatives of the Ignited States of America in Congress assembled,* That the Act entitled an “An Army. Summary courts for trial of offenses of enlisted men. Vol. 26, p. 648. Vol. 27, p. 278.Act to promote the administration of justice in the Army,” approved October first, eighteen hundred and ninety, as supplemented and amended by subsequent legislation, be, and the same is hereby, amended so as to read as follows:
"“That the commanding officer of each garrison, fort, or other place, —appointment.regiment or corps, detached battalion, or company, or other detachment in the Army, shall have power to appoint for such place or command, or in his discretion for each battalion thereof, a summary court to consist of one officer to be designated by him, before whom enlisted men who are to be tried for offenses, such as were prior to the passage of —what offenses cognizable. Vol. 26, p. 648.the Act ‘to promote the administration of justice in the Army,’ approved October first, eighteen hundred and ninety, cognizable by garrison or regimental courts-martial, and offenses cognizable by field officers detailed to try offenders under the provisions of the eightieth R.
S., sec. 1342, pp. 238, 240.and one hundred and tenth articles of war, shall be brought to trial within twenty-four hours of the time of the arrest, or as soon thereafter as practicable, except when the accused is to be tried by general court martial; but such summary court may be appointed and the officer designated by superior authority when by him deemed desirable; and the officer holding the summary court shall have power to administer —powers of court, etc.oaths and to hear and determine such cases, and when satisfied of the guilt of the accused adjudge the punishment to be inflicted, which said punishment shall not exceed confinement at hard labor for one month and forfeiture of one month’s pay, and, in the case of a noncommissioned officer, reduction to the ranks in addition thereto; that —record.there shall be a summary court record kept at each military post and in the field at the headquarters of the proper command, in which shall be entered a record of all cases heard and determined and the action had thereon; and no sentence adjudged by said summary court shall be executed until it shall —approval of sentence.have been approved by the officer appointing the court, or by the officer commanding for the time being: *Provided,* *Provisos.* —but one officer present with command, etc.
Exemptions from trial by summary court, etc.That when but one commissioned officer is present with a command he shall hear and finally determine such cases: *And provided further,* That no one while holding the privileges of a certificate of eligibility to promotion shall be brought before a summary court, and that non-484FIFTY-FIFTH CONGRESS. Sess. II. Ch. 469–489. 1898.commissioned officers shall not, if they object thereto, be brought to trial before summary courts without the authority of the officer competent to order their trial by general court-martial, but shall in such cases be brought to trial before garrison, regimental, or general courts-martial, as the case may be.”" Repeal.
R. S., sec. 1342. pp. 238, 240, amended. Sec. 2. That articles eighty and one hundred and ten of the Rules and Articles for the Government of the Armies of the United States be, and the same are hereby, repealed. Remission, etc., of sentence. Sec. 3. That the commanding officers authorized to approve the sentences of summary courts and superior authority shall have power to remit or mitigate the same. Monthly report of cases, etc. Sec. 4. That post and other commanders shall, in time of peace, on the last day of each month, make a report to the department headquarters of the number of cases determined by summary court during the month, setting forth the offenses committed and the penalties awarded, which report shall be filed in the office of the judge-advocate of the department, and may be destroyed when no longer of use.
Sentence of dishonorable discharge and continement. Sec. 5. That soldiers sentenced by court-martial to dishonorable dis charge and confinement shall, until discharged from such confinement, remain subject to the Articles of War and other laws relating to the administration of military justice. Deserters may be arrested by civil officers. Sec. 6. That it shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government.
To take effect, etc. Sec. 7. That this Act shall take effect sixty days after its passage. Approved, June 18, 1898. Chapter 489: To make certain grants of land to the Territory of New Mexico, and for other purposes. 30 Stat. 484 1898-06-21 Chapter 489 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 489.— An Act To make certain grants of land to the Territory of New Mexico, and for other purposes.
June 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That sections numbered sixteen New Mexico. Grant to, of lands for support of schools, etc.and thirty-six in every township of' the Territory of New Mexico, and where such sections, or any parts thereof, are mineral or have been sold or otherwise disposed of by or under the authority of any Act of Congress, other non-mineral lands equivalent thereto, in legal subdivisions of not less than one-quarter section, and as contiguous as maybe to the section in lieu of which the same is taken, are hereby granted to said Territory for the support of common schools, such indemnity lands to be selected within said Territory in such manner as is hereinafter provided: *Proviso.* Reservations from grant.*Provided,* That the sixteenth, and thirty-sixth sections embraced in permanent reservations for national purposes shall not at any time be subject to the grants of this Act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants of this Act; but such reservations shall be subject to the indemnity provisions of this Act.
Grant of land for public buildings at the capital, etc. Sec. 2. That fifty sections of the unappropriated non-mineral lands within said Territory, to be selected and located in legal subdivisions as hereinafter provided in this Act, shall be, and are hereby, granted to said Territory for the purpose of erecting public buildings at the capital of the State of New Mexico when said Territory shall become a. State and be admitted into the Union, when said capital shall be permanently located by the people of New Mexico, for legislative, executive, and judicial purposes.
Lands for university and agricultural college. Vol. 10, p. 309. Sec. 3. That lands to the extent of two townships in quantity, authorized by the sixth section of the Act of July twenty-second, eighteen hundred and fifty-four, to be reserved for the establishment of a university in New Mexico, are hereby granted to the Territory of New Mexico for university purposes, to be held and used in accordance FIFTY-FIFTH CONGRESS. Sess. II. Ch. 489. 1898.485with the provisions in this section; and any portions of said lands that may not have been heretofore selected by said Territory may be selected now by said Territory.
That in addition to the above, sixty-five thousand acres of non-mineral, unappropriated and unoccupied public land, to be selected and located as hereinafter provided, together with all saline lands in said Territory, are hereby granted to the said Territory for the use of said university, and one hundred thousand acres, to be in like manner selected, for the use of an agricultural college. That Sale of lands to constitute permanent fund, etc.the proceeds of the sale of said lands, or any portion thereof, shall constitute permanent funds, to be safely invested, and the income thereof to be used exclusively for the purposes of such university and agricultural college, respectively.
Sec. 4. That five per centum of the proceeds of the sales of public School fund.lands lying within said Territory which shall be sold by the United States subsequent to the passage of this Act, after deducting all expenses incident to the same, shall be paid to the said Territory, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said Territory. Sec. 5. That the schools, colleges, and university provided for in this Schools, etc., to remain under control of Territory.Act shall forever remain under the exclusive control of said Territory, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes, or of the income thereof, Funds not available for sectarian schools, etc.shall be used for the support of any sectarian or denominational school, college, or university.
Sec. 6. That in lien of the grant of land for purposes of internal Grant of land for internal improvements in lien of other grants. Vol. 5, p. 455. Vol. 9, p. 519.improvement, made to new States by the eighth section of the Act of September fourth, eighteen hundred and forty-one, which section is hereby repealed as to New Mexico, and in lieu of any claim or demand of the State of New Mexico under the Act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hundred and twenty-nine of the Revised Statutes, making a grant of swamp and R.
S., sec. 2479, p. 449.overflowed lands, which grant it is hereby declared is not extended to said State of New Mexico, the following grants of non-mineral, and unappropriated land are hereby made to said Territory for the purposes indicated, namely: For the establishment of permanent water reservoirs for irrigating purposes, five hundred thousand acres; for the improvement of the Rio Grande in New Mexico, and the increasing of the surface flow of the water in the bed of said river, one hundred thousand acres; for the establishment and maintenance of an asylum for the insane, fifty thousand acres; for the establishment and maintenance of a school of mines, fifty thousand acres; for the establishment and maintenance of an asylum for the deaf and dumb, fifty thousand acres; for the establishment and maintenance of a reform school, fifty thousand acres; for the establishment and maintenance of normal schools, one hundred thou sand acres: for the establishment and maintenance of an institution for the blind, fifty thousand acres; for a miners’ hospital for disabled miners, fifty thousand acres; for the establishment and maintenance of a military institute, fifty thousand acres; for the enlargement and maintenance of the Territorial penitentiary, fifty thousand acres.
The building known as the Palace, in the city of Santa Fe, and all lands and appurtenances connected therewith and set apart and used there with, are hereby granted to the Territory of New Mexico. Sec. 7. That this Act is intended only as a partial grant of the lands Act to be a partial grant only, etc.to which said Territory may be entitled upon its admission into the Union as a State, reserving the question as to the total amount of lands to be granted to said Territory until the admission of said Territory as a State shall be determined on by Congress.
Sec. 8. That all grants of land made in quantity or as indemnity by Commission to select lands granted.this Act shall be selected by the governor of the Territory of New Mexico, the surveyor-general of the Territory of New Mexico, and the solicitor-general of said Territory, acting as a commission, under the direction of the Secretary of the Interior, from the unappropriated 486public lands of the United States within the limits of the said Territory of New Mexico. —report, etc.
Sec. 9. That said commission shall proceed, upon the passage of this Act, to select said lands, for each purpose as hereinbefore designated, in legal subdivisions, of not less than one-quarter section, and shall report to the Secretary of the Interior such selections, designating in such report the purpose for which such bodies of land as selected are to be respectively used as provided above in this Act. Lease of certain lands. Sec. 10. That the lands reserved for university purposes, including all saline lands, and sections sixteen and thirty-six reserved for public schools, may be leased under such laws and regulations as may be hereafter prescribed by the legislative assembly of said Territory; but until the meeting of the next legislature of said Territory the governor, —board to lease, etc.secretary of the Territory, and the solicitor-general shall constitute a board for the leasing of said lands: and all necessary expenses and costs incurred in the leasing, management, and protection of said lands and leases may be paid out of the proceeds derived from such —restrictions, etc.leases.
And it shall be unlawful to cut, remove, or appropriate in any way any timber growing upon the lands leased under the provisions of this Act, and not more than one section of land shall be leased to any one person, corporation, or association of persons, and no lease shall be made for a longer period than five years, and all leases shall terminate on the admission of said Territory as a State; and all money received on account of such leases in excess of actual expenses necessarily incurred in connection with the execution thereof shall be placed to the credit of separate funds for the use of said institutions, and shall be paid out only as directed by the legislative assembly of said Territory, and for the purposes indicated herein.
Sale of lands.The remainder of the lands granted by this Act, except those lands which may be leased only as above provided, may be sold under such laws and regulations as may be hereafter prescribed by the legislative assembly of said Territory; and all such necessary costs and expenses as may be incurred in the management, protection, and sale of said lands maybe paid out of the proceeds derived from such sales; and not more than one-quarter section of land shall be sold to any one person, corporation, or association of persons, and no sale of said lands or any —price, etc.portion thereof shall be made for less than one dollar and twenty-five cents per acre; and all money received on account of such sales, after deducting the actual expenses necessarily incurred in connection with the execution thereof, shall be placed to the credit of separate funds created for the respective purposes named in this Act, and shall be used only as the legislative assembly of said Territory may direct, and only for the use of the institutions or purposes for which the respective *Proviso.* Leases of entire land grant, etc.grants of lands are made: *Provided,* That such legislative assembly may provide for leasing all or any part of the lands granted in this Act on the same terms and under the, same limitations prescribed above as to the lands that may be leased only, but all leases made under the —Secretary of the Interior to approve. —investments, etc.provisions of this Act shall be subject to the approval of the Secretary of the Interior, and all investments made or securities purchased with the proceeds of sales or leases of lands provided for by this Act shall be subject to like approval by the Secretary of the interior.
Appropriation for expenses. Sec. 11. That there is hereby appropriated from the unexpended funds in the Treasury of the United States ten thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the Secretary of the Interior, for the purpose of paying the expenses of the selection and segregation of said respective bodies of land, including such compensation to said commission as the Secretary of the Interior may deem proper. Repeal. Sec. 12.
That all acts and parts of acts in conflict with the provisions of this Act, whether passed by the legislative assembly of said Territory or by Congress, are hereby repealed. Approved, June 21, 1898. Chapter 490: Granting certain lands to the city of Santa Barbara, California. 30 Stat. 487 1898-06-21 Chapter 490 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public FIFTY-FIFTH CONGRESS. Sess. II. Ch. 490, 494, 495. 1898. 487 chap. 490.— An Act Granting certain lands to the city of Santa Barbara, California. June 21, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the following described Santa Barbara, Cal. Grant to, of certain lands for purposes of water supply.tracts of land, situate in the county of Santa Barbara and State of California, described as follows:
East half of southeast quarter, and northeast quarter, and west half of southwest quarter and west half of northwest quarter of section twenty-five; northeast quarter, and east half southeast quarter and southwest quarter of southeast quarter, and north half of northwest quarter, and northwest quarter of south west quarter, of section twenty-six; northeast quarter of southeast quarter and west half of southeast quarter, and northeast quarter, and north half of northwest quarter and southeast quarter of northwest quarter, and east half of southwest quarter and northwest quarter of southwest quarter, of section twenty-seven; sections twenty-two and twenty-three; west half and southeast quarter and northwest quarter of northeast quarter, of section twenty-four; all of the above subdivisions located in township five north, range twenty-seven west, San Bernardino meridian, containing three thousand one hundred and twenty acres, or so much thereof as said city may select, more or less, be, and the same are hereby, granted and conveyed to the city of Santa Barbara, in the county of Santa Barbara and State of California, to have and to hold said lands to its use and behoof forever, for the purpose of developing a water supply; and for said purpose the city shall forever have the right, in its discretion, to control and use any and all parts of the premises herein conveyed in the construction of reservoirs, laying such pipes and mains, tunneling and boring for water, and in making such improvements as may be necessary to utilize the waters developed upon said premises: *Provided,* That said city shall pay for *Proviso.* Price per acre.
Mineral lands excepted.said land so selected the sum of one dollar and twenty-five cents per acre, and that no title to mineral, coal, or oil lands within the said tract shall pass under the provisions of this Act. Approved, June 21, 1898. Chapter 494: Making Sabine Pass, in the State of Texas, a subport of entry and delivery. 30 Stat. 487 1898-06-23 Chapter 494 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 494.— An Act Making Sabine Pass, in the State of Texas, a subport of entry and delivery. June 23, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That Sabine Pass, in the State Galveston customs district. Sabine Pass, Tex., made subport of entry and delivery.of Texas, shall be and is hereby, made a subport of entry and delivery in the customs district of Galveston, and a customs officer, or such other officers, shall be stationed at said subport, with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as in the judgment of the Secretary of the Treasury the exigencies of commerce may require.
Approved, June 23, 1898. Chapter 495: Concerning attorneys and marshals of the United States. 30 Stat. 487 1898-06-24 Chapter 495 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 495.— An Act Concerning attorneys and marshals of the United States. June 24, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the attorneys and marshals Attorneys and marshals of the United States. —to serve until qualification of successors.
R. S., sec. 769, p. 145, amended. R. S., sec. 779, p. 146.of the United States, including the District of Columbia and the Territories, shall continue to discharge the duties of their respective offices, unless sooner removed by the President, until their successors shall be appointed and qualify in their stead. But they shall be appointed and commissioned for the term of four years as now provided by law. Sec. 2. That in case of a vacancy in either of said offices, the district Vacancies, how filled temporarily.
R. S., sec. 793, p. 149, amended.court of the United States for the district where such vacancy exists, the supreme court of the Territory, and the supreme court of the Dis-488FIFTY-FIFTH CONGRESS. Sess. II. Ch. 495, 496. 1898.trict of Columbia may appoint persons to exercise the duties of such offices within their respective jurisdictions, until such vacancy shall be filled. Approved, June 24, 1898. Chapter 496: To define the rights of purchasers of the Belt Railway, and for other purposes. 30 Stat. 488 1898-06-24 Chapter 496 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 496.— An Act To define the rights of purchasers of the Belt Railway, and for other purposes. June 24, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That any corporation operating District of Columbia Belt Railway, sale of.a street railroad within the District of Columbia be, and it is hereby, authorized to purchase the property and franchises of the Belt Railway Company under any sale thereof by decree of court or otherwise; —rights of purchaser.and such corporation so purchasing may operate the property and franchises so purchased as a part of its system, subject to all rights and obligations imposed by existing legislation or by this Act, so far as the same shall be applicable; and in case the property and franchises of said Belt railway be purchased by any person or persons at any sale thereof under decree of court or otherwise, such person or persons, or his or their associates and assigns, shall possess and enjoy all the corporate rights, privileges, and franchises heretofore conferred Vol. 18, p. 408; vol. 27, p. 462; vol. 29, p. 318, etc.on the said Belt Railway Company by the Act of Congress approved March third, eighteen hundred and seventy-five, and the Acts amendatory thereof and supplemental thereto, as well as the right to be a —incorporation of purchasers.corporation under this Act; and the incorporation as hereby provided shall be completed and become effective whenever the said purchaser or purchasers and his or their associates or assigns shall file for record with the recorder of deeds for the District of Columbia a certificate of incorporation hereunder, duly acknowledged, specifying the name of such new corporation, its officers, and the names of its directors for the first year, and the amount of its proposed capital stock and bonds. —issue of bonds and capital stock.The capital stock of the corporation herein authorized shall be divided into shares, each of the par value of one hundred dollars; and any corporation so purchasing or so created and organized hereunder is authorized to issue its bonds and capital stock either for cash or in exchange for the stock, bonds, property, or franchises of the said Belt *Provisos.* —amount of issue; terms.Railway Company: *Provided,* That stock and bonds may he issued to such an amount and upon such terms as may be agreed upon by a majority vote of the stockholders of such company: *And provided further,* —limit.That the issue of such stock and bonds shall not in the aggregate exceed the amount necessary for effecting any such purchase, lease or acquisition and for the construction, reconstruction and equipment of said Belt Railway, and shall in no case exceed the sum of one hundred Underground electric system. —completion in one year.and fifty thousand dollars per mile of single track.
And within one year from the ratification by the court of such sale the existing rail road company purchasing the said Belt Railway, or the corporation created and operating hereunder, shall, under the supervision of the Commissioners of the District of Columbia, construct and put into full operation on the entire line of said railway as now constructed an underground electric system similar to the one now in use by the Metropolitan Railroad Company, upon plans to be submitted to and Changes of tracks.approved by the said Commissioners.
And the said Commissioners are hereby authorized to require such slight changes of tracks along the streets upon which the said Belt Railway is now constructed as may be necessary for the public convenience, and all expenses incident Widening streets.thereto to be borne by said railway company. And the right is hereby expressly reserved to Congress to require at any time the owner or owners of said railroad to widen any of the streets along or over which Change of route.said railroad line is now constructed, or to change the route thereof, and the entire expense of such widening of such street and all expenses incident or to a change of route thereto shall be borne by the owner or owners of said railroad.
FIFTY-FIFTH CONGRESS. Sess. II. Ch. 496, 497. 1898. 489 Sec. 2. That the purchaser or purchasers of the said Belt Railway Payment of existing obligations.shall, immediately after said purchase shall have been ratified as herein provided for, and before any permit shall be issued to begin such work, pay all taxes and special assessments due and unpaid to the District of Columbia, and all indebtedness due the employees for labor, or due others for coal, feed, horseshoes and other supplies, contracted for by the receiver of the said Belt Railway Company, duly appointed by the court, and used on behalf and for the benefit of said company during such receivership, and to be approved by the court appointing said receiver, and shall begin the construction of the underground electric system herein provided for; and if said system shall not have been completed Penalty for failure to complete in one year.at the expiration of one year from the ratification of the purchase of said railway as authorized by this Act the purchaser or purchasers thereof shall pay to the District of Columbia, in addition to all other taxes now required to be paid by the said Belt Railway Company, or by the purchaser or purchasers thereof, the sum of fifty dollars for each and every day thereafter until said road shall be completed.
Sec. 3. That the Commissioners of the District of Columbia are hereby Crossings. —special policemen at.authorized and required to station special policemen at such street rail way crossings and intersections in the city of Washington as the said Commissioners may deem necessary, the expense of such service to be paid pro rata by the respective companies; every car shall be brought —stopping of cars before crossing.to a full stop, immediately before making such crossing or intersection.
Neglect or failure to pay for the service monthly, or to stop any car, as —penalty.herein provided for shall subject the company to a fine of not to exceed twenty-five dollars for every such neglect or failure, to be recovered in any court of competent jurisdiction. Sec. 4. That the company or corporation installing an underground Deposit for expenses of inspection, etc.electric system under authority of this Act shall deposit such sum or sums as the Commissioners may require to cover the cost of District inspection and the cost of changes to public works in the streets.
Sec. 5. That nothing herein shall be construed to relieve the said Subsisting claims against Belt Railway unaffected.Belt Railway Company from any just liability, nor in any manner as affecting any valid subsisting claim of any creditor against said corporation. Sec. 6. That Congress reserves the right to alter, amend, or repeal this Act. Approved, June 24, 1898. Chapter 497: To compel street railway companies in the District of Columbia to remove abandoned tracks, and for other purposes. 30 Stat. 489 1898-06-25 Chapter 497 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 497.— An Act To compel street railway companies in the District of Columbia to remove abandoned tracks, and for other purposes. June 25, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That hereafter whenever the District of Columbia. Street railways.track or tracks or any part thereof of any street railway company in the District of Columbia shall not have been regularly operated for railway purposes upon a schedule approved by the Commissioners for a period of three mouths, the Commissioners of said District, in their discretion, may thereupon notify such company to remove said unused —removal of unused tracks. —penalty.tracks and to place the street in good condition; and if such company shall neglect or refuse to remove said tracks and place the street in good condition within sixty days after such notice, the directors of said company shall be deemed guilty of a misdemeanor and shall be liable to a fine often dollars for each and every day during which said tracks are permitted to remain upon the street or streets or said roadway shall remain out of repair, which fine shall be recovered in the police court of said District, in the name of said District, as other tines and penal ties are now recovered in said court.
Sec. 2. That on and after one year from the passage of this Act it —using tracks of another company, to have same propelling power.shall be unlawful for any street railway company operating its system or parts of its system over any portion of the underground electric lines 490FIFTY-FIFTH CONGRESS. Sess. II. Ch. 497, 499. 1898.owned and operated by another street railway company in the city of Washington to continue such operation or to enter into reciprocal trackage relations with any other company, as provided for under existing law, unless its motive power for the propulsion of its ears shall be the same as that of the company whose tracks are used or to be used. —penalty.For every violation of this Act the company violating it shall be subject to a line of ten dollars for every car operated in violation of the pro visions of this Act, said hue to be collected and applied in the same manner as is provided by existing laws in respect of other fines in the District of Columbia. —discontinuance of use.
Sec. 3. That all street railway companies within the District of Columbia now operating their systems or parts of their systems in the city of Washington by use of the tracks of one or more of such companies, under a reciprocal trackage agreement, as provided for under existing law, which shall be compelled by reason of the passage of this —to transfer from one system to another.Act to discontinue the use of the tracks of another company, shall issue free transfers to their patrons from one system to the other at such junctions of their respective lines as may be provided for by the Com missioners of the District of Columbia.
Repeal. Sec. 4. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, June 25, 1898. Chapter 499: To amend the charter of the Eckington and Soldiers’ Home Railway Company of the District of Columbia, the Maryland and Washington Railway Company, and for other purposes. 30 Stat. 490 1898-06-27 Chapter 499 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 499.— An Act To amend the charter of the Eckington and Soldiers’ Home Railway Company of the District of Columbia, the Maryland and Washington Railway Company, and for other purposes. June 27, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Eckington and District of Columbia. Eckington and Soldiers’ Home Railway. —may lease, etc., other lines.Soldiers’ Home Railway Company of the District of Columbia be, and it is hereby, authorized to purchase or lease the property and franchises or any part thereof, of the Maryland and Washington Railway Company of the District of Columbia and that part of the property and franchises of the Columbia and Maryland Railway Company of Maryland lying between the District line and the town of Laurel, Maryland, and the Maryland and Washington Railway Company is hereby authorized to sell or lease its property and franchises to the said Eckington and *Proviso.* —fare.Soldiers’ Home Railway Company: *Provided,* That only one fare, not exceeding the rate now authorized by law, shall be charged for a single continuous ride over all the lines in the District of Columbia affected by such purchase or lease.
Underground electric system to be used. *Post,* p. 1292. Sec. 2. That the said Eckington and Soldiers’ Home Railway Company, under the supervision of the Commissioners of the District of Columbia, shall fully equip all its lines now owned and operated within the city of Washington and also the North Capitol street line from the intersection of G street north and New Jersey avenue to T street north with an underground electric system essentially similar to the underground system now in use by the Metropolitan Railroad Company in said city, upon plans to be submitted to and approved by the said Commissioners, and shall have its cars regularly running by said system *Provisos.* Use of electric power limited.within twelve months from the passage of this Act: *Provided,* That nothing herein contained shall be construed as authorizing or permitting said company to use their conduits or cables or electrical conductors of any character whatever for the purpose of electric lighting or power, except such as may be necessary for the lighting and propelling of the cars and other machinery of such road and the power house of said company, or other property owned or acquired by said company adjacent to the lines of the road and necessary for the operation of said Conduits.road: *Provided, however,* That the Commissioners of the District, of Columbia are hereby authorized to permit street railway companies using the underground electric system to construct conduits not exceeding five blocks in length to connect their existing conduits for the pur-FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 499. 1898.491pose of conveying electric current to be used for street railway purposes only: *And provided further,* That before permits shall be issued to begin Prepayment of existing obligations.such work all taxes and special assessments due and unpaid to the District of Columbia, and all indebtedness due the employees for labor, or due others for coal, feed, horseshoes, and other supplies, contracted tor by the receiver of the said Eckington and Soldiers’ Home Railway, duly appointed by the court, and used on behalf and for the benefit of said company, during such receivership, and to be approved by the court appointing such receiver, shall first be paid: *Provided,* That in Completion of underground system, leased, etc., lines. case of any lines purchased or leased by said Eckington and Soldiers’ Home Railway Company, such lines within the city of Washington shall be folly equipped with said underground electric system within twelve months from the completion of such purchase or lease, and the North Capitol street branch shall be completed with the underground system to the Soldiers’ Home within twelve months from the opening and grading of said street.
Sec. 3. That the route of the Eckington and Soldiers’ Home Railway Route.Company shall be as at present, with the following changes, to wit: Between the intersections of T and Third streets northeast and R and Second streets northeast one track shall be abandoned, and in lieu thereof a single track shall be constructed between the same points on T and Second streets northeast; between the intersections of Eckington place and Florida avenue and New York avenue and First street northeast both tracks shall be abandoned, and in lieu thereof a double track shall be constructed between these two points, crossing Florida avenue and on First street; between the intersections of New York avenue and Fifth street and Fifth street and G street northwest, the roadway shall be widened to a width of forty-five feet, one-half at the expense of said company, and one-half at the expense of any District of Columbia appropriation available for such work: a single track between First and C streets and Fourth and D streets northeast shall be abandoned, and in lieu thereof a single track shall be constructed on D and First streets northeast, between these points: *Provided further,* *Proviso.* Abandoned tracks.
Location single tracks.That the abandoned tracks shall be removed, and the single tracks, with all the necessary switches, turn-outs, and so forth, shall be located subject to the approval of the Commissioners of the District of Columbia. Sec. 4. That the said Eckington and Soldiers’ Home Railway Company Issue of capital stock and bonds.is hereby authorized to issue its capital stock and its bonds to an aggregate amount sufficient to cover the cost of the property and franchises whose purchase or lease is herein provided for and the cost of the construction, equipment, and reequipment of the railway lines now owned by the said Eckington and Soldiers’ Home Railway Company or hereafter to be acquired by said company, and to secure said bonds by mortgage or deed of trust of any part or all of its property and franchises, as now owned or hereafter to be acquired under the provisions of this Act or otherwise: *Provided,* That such stock and bonds shall be *Provisos.* —amount of issue, etc.issued to such an amount and upon such terms as may be agreed upon by the majority stockholders of such company: *And provided further,* That the issue of such bonds and stock shall not in the aggregate —limit.exceed the amount necessary for effecting any such purchase, lease, or acquisition and for the construction, reconstruction, and equipment aforesaid, and the total outstanding bonds and stock shall in no event exceed the sum of one hundred and fifty thousand dollars per mile of single track.
Sec. 5. That within sixty days from the date of the approval of this Deposit to guarantee construction.Act the Eckington and Soldiers’ Home Railway Company shall deposit five thousand dollars with the collector of taxes of the District of Columbia to guarantee the construction, equipment, and reequipment of its lines, as authorized and prescribed by this Act. If said sum is not so deposited, then this Act shall be void. If said sum is so deposited and the said lines are not reconstructed, equipped, and reequipped as herein provided for, then said sum of five thousand 492FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 499, 500. 1898.dollars shall be forfeited to the District of Columbia, and this Act shall be void. Maryland and Washington Railway. —power to institute condemnation proceedings continued. Sec. 6. That the power to institute condemnation proceedings conferred upon the Maryland and Washington Railway Company by section twenty-four of the joint resolution entitled “A joint resolution to extend the charter of the Maryland and Washington Railway Company,” Vol. 28, p. 590.approved August twenty-third, eighteen hundred and ninety-four, be, and the same is hereby, continued in force one year from the passage of this Act.
Penalty for noncompletion. Sec. 7. That on and after twelve months from the passage of this Act the Eckington and Soldiers’ Home Railway Company shall pay to the District of Columbia, in addition to all other taxes now required to be paid by the said Eckington and Soldiers’ Home Railway Company, the sum of fifty dollars for each and every day thereafter until said road shall be completed. Subsisting claims unaffected. Sec. 8. That nothing herein shall be construed to relieve any of the corporations herein mentioned from any just liability nor to in any manner affect any valid subsisting claim of any creditor against said corporations, or either of them.
Change of name to City and Suburban Railway. Sec. 9. That the Eekington and Soldiers’ Home Railway Company is hereby authorized to change its name to City and Suburban Railway of Washington by a majority vote of its stockholders, such change to become operative when a certificate of the action of the stockholders shall have been recorded in the office of the recorder of deeds of the District of Columbia; such certificate to be signed by the president, attested by the secretary, and the corporate seal to be attached thereto.
Amendment. Sec. 10. That Congress reserves the right to alter, amend, or repeal this Act. Approved, June 27, 1898. Chapter 500: To authorize the Kansas, Oklahoma and Gulf Railway Company to construct and operate a railway through the Chilocco Indian Reservation, Territory of Oklahoma, and for other purposes. 30 Stat. 492 1898-06-27 Chapter 500 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 500.— An Act To authorize the Kansas, Oklahoma and Gulf Railway Company to construct and operate a railway through the Chilocco Indian Reservation, Territory of Oklahoma, and for other purposes. June 27, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That a right of way one hundred Kansas, Oklahoma and Gulf Railway granted right of way through Chilocco Indian Reservation, Oklahoma.feet in width through the Chilocco Indian Reservation, in the Territory of Oklahoma, is hereby granted to the Kansas, Oklahoma and Gulf Railway Company, a railway corporation organized and existing under and by virtue of the laws of said Territory; and also is hereby granted to said company, where there are heavy cuts or fills, the right to use such additional grounds as may be necessary for the construction and maintenance of the roadbed, not exceeding fifty feet in width on each side of the said right of way, or so much thereof as shall be *Provisos.* Restriction on use of land; reversion.included in the cuts or fills: *Provided,* That no part of the lands herein granted shall be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railway and telegraph and telephone lines, and when any portion thereof shall cease to be used for such purposes the same shall Filing of map of definite location.revert to the United States: *And provided further,* That a map of definite location, showing the entire route of said railway through the —approval of.said Indian reservation, shall be filed with and approved by the Secretary of the Interior before any part of the said railway shall be constructed through or into said reservation.
Approved, June 27, 1898. Chapter 501: Granting right of way through the Pikes Peak Timber Land Reserve and the public lands to the Cripple Creek District Railway Company. 30 Stat. 493 1898-06-27 Chapter 501 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public 493 FIFTY-FIFTH CONGRESS. Sess. II. Chs. 501, 502. 1898. chap. 501.— An Act Granting right of way through the Pikes Peak Timber Land Reserve and the public lands to the Cripple Creek District Railway Company.
June 27, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Cripple Creek District Crippie Creek District Railway granted right of way through Pikes Peak Timber Land Reserve. Amended, *post,* p. 729. Location.Railway Company, a corporation created and existing under the laws of the State of Colorado, be, and it hereby is, authorized to construct and maintain a railway over and through the Pikes Peak Timber Land Reserve (heretofore reserved from entry or settlement and set apart as a public reservation by Executive order), said railway to enter said Pikes Peak Timber Land Reserve at such a point on the eastern or northern boundary thereof in El Paso County, Colorado, as may be found to be the most feasible for the route of said railway, running in a westerly direction from Colorado Springs, Colorado, thence proceeding by the most practicable route through the reserve to the western boundary thereof: also, to proceed by such side tracks, extensions, switches, and spurs as may be necessary to reach any groups of mines in said forest reserve, all in said El Paso County; and the said Right of way to Cripple Creek, Col.railway company is hereby also granted right of way through the public lands to the town of Cripple Creek, in the said State of Colorado; said right of way being granted subject to the rules and restrictions and carrying all the rights and privileges of an Act entitled “An Act Vol. 18, p.483.granting to railroads the right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, said Act being hereby made applicable to the right of way hereby granted: *Provided,* That no timber shall be cut by said railroad company *Proviso.* Cutting of timber limited.for any purpose outside of the rights of way herein granted.
Approved, June 27, 1898. Chapter 502: To authorize the Missouri, Kansas and Texas Railway Company to straighten and restore the channel of the South Canadian River, in the Indian Territory, at the crossing of said railroad. 30 Stat. 493 1898-06-27 Chapter 502 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 502.— An Act To authorize the Missouri, Kansas and Texas Railway Company to straighten and restore the channel of the South Canadian River, in the Indian Territory, at the crossing of said railroad.
June 27, 1898. Whereas the Missouri, Kansas and Texas Railway Company, heretofore, Preamble.under and pursuant to authority conferred upon it by an act of Congress of the United States, built and constructed its line of railroad through the Indian Territory and through the Creek and Choctaw nations, and pursuant to said Congressional authority, as a part of its said line of railroad, many years since, at great expense, built and constructed a railroad bridge across the South Canadian River; and Whereas the said South Canadian River, at the point it is crossed by said railroad bridge, and for a long distance on both sides, forms the established boundary line between the said Creek and Choctaw nations; and Whereas recently unprecedented floods occurred in the South Canadian Valley, resulting in that river overflowing its banks at many points and Hooding the contiguous territory and also resulting in the diversion of that river from its old channel at the point it was so bridged by the Missouri, Kansas and Texas Railway Company and for some distance above and below, and the formation of a new course some distance to the north of said bridge, washing away the railroad and railroad bed for a distance of about two miles, seriously interrupting and impeding the transportation of the mails, troops, munitions of war, and interstate commerce generally; and Whereas it is important that the course of said river be restored to the old channel at and below the bridge of said Missouri, Kansas and Texas Railway Company, and so established immediately above said bridge as to prevent as far as practicable any further shiftings of the channel of the river and breaking of the railway embankments and 494FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 502, 503. 1898.overflows of adjoining farm lands, and make possible the continued and uninterrupted use of said railroad and said railroad bridge: Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That said Missouri, Kansas Missouri, Kansas and Texas Railroad may restore South Canadian River to its original channel.and Texas Railway Company be, and it is hereby, authorized, at its sole expense, to restore the said river to its original channel, under and below said railroad bridge, and to that end to straighten and shorten the river above said bridge by excavating and constructing a —location.channel for the river, commencing at said bridge and extending thence across sections twenty-eight and twenty-nine of township nine north, of range fifteen east, to the South Canadian River, at or near the northwest corner of said section twenty-nine, and for that purpose the said railway company is authorized to enter upon lands adjacent to said railroad.
Damages to Indian occupants. Sec. 2. That before said channel shall be excavated and constructed through any lands held by individual occupants according to the laws, customs, and usages of the Creek and Choctaw nations, full compensation shall be made to such occupants for all property to be taken or damaged by reason of the construction of said channel. In case of failure to make and cable settlements with any occupant, the railway company may file its petition in the United States court in the Indian Territory for the district in which the lands lie, reciting its failure to —appointment of commission to appraise.make such and cable settlement, and thereupon said court shall appoint a commission of three disinterested persons, having the qualifications of jurors in said court, to view the premises and appraise the damages to be sustained by such occupant, who, before entering upon their duties, shall take and subscribe before said courts or the clerk thereof an oath that they will faithfully and impartially discharge the duties —award.imposed by their appointment, which oath, duly certified, shall be returned with their award.
The award of a majority of said commissioners shall be the award of the commission, and such award shall be —exceptions to, etc.filed within ten days after the appointment of said commission. Either party being dissatisfied with the award may file exceptions in said court thereto within ten days from the filing of the same, and a trial of the issues raised by such exceptions shall be had in said court as in other cases. If neither party files exceptions the railway company shall pay into court, before entering upon the land condemned, the amount of said award, together with all costs, assessed as in ordinary eases in *Proviso.* —commissioner’s compensation, etc. —work to commence on deposit to abide judgment.said court: *Provided,* That said commissioners shall be allowed and paid four dollars per day, with mileage at five cents per mile.
If either party files exceptions, then the railway company shall pay into court double the amount of the award to abide the judgment thereof, and may at once proceed with the construction of said channel. Boundary line between creek and Choctaw nations to remain unchanged. Sec. 3. That the boundary line between the Creek and Choctaw nations shall be and remain unchanged by reason of the work herein before authorized to be done by said railway company. Railroad’s right to river not enlarged.
Sec. 4. That the Missouri, Kansas and Texas Railway Company by such condemnation proceedings and the construction of said channel, and the diversion of the river through same, shall have no other or further rights in and to said river than it now has. Approved, June 27, 1898. Chapter 503: To amend sections one and two of the Act of March third, eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large, chapter three hundred and fifty-nine. 30 Stat. 494 1898-06-27 Chapter 503 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 503.— An Act To amend sections one and two of the Act of March third, eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large, chapter three hundred and fifty-nine. June 27, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section one of the Act of Court of Claims. Suits by Government officers to recover fees for services.March third, eighteen hundred and eighty-seven, chapter three hundred and fifty-nine, second session of the Forty-ninth Congress, be FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 503, 504, 517. 1898.495amended by adding thereto the following proviso, to wit: *Provided further,* —filing of account necessary.
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Chapter 152
granting to railroads the right of way through the public lands of the United States,” approved March third, eighteen hundred and seventy-five, said Act being hereby made applicable to the right of way hereby *Proviso.* Timber.granted: *Provided,* That no timber shall be cut by said railroad company
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