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Code · STATUTES-AT-LARGE · Vol. 30 STAT. · May 14, 1898 · Chapter 298

Chapter 298. Authorizing the Campbell-Lynch Bridge Company to construct a bridge across the Arkansas River at or near Webbers Falls, Indian Territory

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CHAP. 298.— An Act Authorizing the Campbell-Lynch Bridge Company to construct a bridge across the Arkansas River at or near Webbers Falls, Indian Territory. May 14, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That it shall be lawful for theCampbell-Lynch Bridge Company may bridge Arkansas River, Indian Territory. Campbell-Lynch Bridge Company, a corporation organized under the laws of the State of Arkansas, its successors or assigns, to build, construct, and maintain a bridge and approaches thereto for the passage of wagons, cars, and vehicles of all kinds, for animals, horseback and foot passengers, across the Arkansas River at or near Webbers Falls, in said Cherokee Nation, Indian Territory, upon and from the land owned, claimed, and occupied by William W.
Campbell and Susan F. Lynch, members and citizens of the Cherokee tribe of Indians, and the owners, claimants, and occupants of the land on both sides of the Arkansas River at the point where said bridge is to be built. Sec. 2. That said bridge shall be built with such length of spans andMaintenance, etc., of channel. at such elevation as the Secretary of War may require, and the said company shall, at its own expense, build and maintain such dikes, wingdams, booms, and other work as may, in the opinion of the Secretary of War, be necessary to maintain the channel of the river within the draw or main span of the bridge: *Provided,* That if said bridge be built*Provisos.*Drawbridge. as a drawbridge it shall be opened promptly upon reasonable signal for the passage of boats and other water craft; and whatever kind of bridgeLights. is constructed the company shall maintain thereon, at its own expense, such lights and other signals as the Light-House Board may prescribe: *Provided also,* That said bridge shall be recognized and known as aPost route. post route, upon which no higher charge shall be made for the transmission over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or highways leading to said bridge, and the United States shall have the right of way for a postal telegraph across said bridge: *And provided further,* That the company availing itself of the privilegeSecretary of War to approve plans. of this Act shall submit to the Secretary of War for his approval drawings showing the plan and location of the said bridge, and until he has approved the said plan and location the bridge shall not be commenced or built; and no change in the said plans, either before or after completion,—changes. shall be made without the consent of the Secretary of War, but any change whatever in said bridge that he may order in the interests of navigation, either during construction or after construction, shall be made by the owners thereof at their own cost and expense.
Sec. 3. That said Campbell-Lynch Bridge Company, its successorsRight of way for highway. and assigns, is hereby authorized to take and use for all purposes of a highway or approaches to said bridge a right of way not exceeding one hundred feet in width on each side of the Arkansas River over the lands owned, occupied, and claimed by individuals under the laws and usages of the Cherokee Indians, or under the laws of the United States, and may contract for and obtain the same from such Indian or Indians by purchase: *Provided,* That no part of the lands herein authorized to*Proviso.*—limitations. be taken be leased or sold by the said Campbell-Lynch Bridge Company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said highway; and when any portion thereof shall cease—reversion. to be used such portion shall revert to the individual Indian or Indians from which the same shall have been taken.
Sec. 4. That before said highway shall be constructed through anyCompensation for land taken. lands held by individual occupants according to the laws, customs, and usages of the Cherokee Nation, full compensation shall be made to such occupants for all property to be taken or damage done by reason of the construction of s.uch highway. In case of failure to make amicableReferees. settlements with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed,—appointment. one, who shall act as chairman, by the President of the United States, one by the chief of the nation to which said occupant belongs, and one by the said Campbell-Lynch Bridge Company, who, before entering 408 FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 298. 1898. upon the duties of their appraisements, shall take and subscribe before a district judge, clerk of a district court, or United States commissioner, an oath that they will faithfully and impartially discharge the duties of their appraisement, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member after —failure to appoint.due notice.
And upon the failure of either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of the United States court held at Muskogee, Indian Territory, upon the application Hearings.of the other party. The chairman of said board shall appoint the time and place of all hearings within the nation to which such occupant belongs. Each of said referees shall receive for his services the sum of four dollars per day for each day he is engaged in the trial of any cause submitted to him under this Act, with mileage at five cents per mile.
Witnesses shall receive the usual fees, allowed by the court of said nation. Costs.Costs, including compensation of said referees, shall be made a part of the award, and be paid by the said Campbell-Lynch Bridge Company. In case the referees do not agree, then any two of them are authorized Appeal.to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court held at Fort Smith, Arkansas, which court shall have jurisdiction to hear and determine the subject-matter of the petition, according to the laws of the State of Arkansas for determining the damage when property is taken for railroad purposes.
If, upon the hearing of said appeal, the judgment of the court shall be for a larger sum than the award of the referees, the costs of said appeal shall be adjudged against the said Campbell-Lynch Bridge Company. If the judgment of the court shall be for the same or a less sum than the award made by the referees, then the costs shall be adjudged against Construction to proceed on payment of double the award, etc.the party claiming damages. When proceedings have been commenced in court the said Campbell-Lynch Bridge Company shall pay double the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of said bridge.
Sec. 5. Regulations That the bridge authorized to be constructed under this Act shall be built and located under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall Jurisdiction of controversies.prescribe. The jurisdiction is hereby vested in the United States court at Muskogee or Tahlequah, or in any United States court which may hereafter be established nearer to said bridge, over all controversies between the owners of said bridge, or between the owners and individuals, or between the members of any company which may hereafter be organized to own and operate said bridge, without regard to the race of the parties and the amount in controversy.
Sec. 6. Tolls. That the said bridge company, its successors or assigns, may charge such reasonable rate of tolls for the transit or passage over the same of wagons and vehicles of every description, for animals and foot passengers as shall be approved by the Secretary of War. Sec. 7. Commencement and completion. 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 of its approval.
Sec. 8. Amendment. That the right of Congress to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 14, 1898. Chapter 299: Extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes. 30 Stat. 409 1898-05-14 Chapter 299 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. 299. 1898. 409 chap. 299.— An Act Extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes. May 14, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the homestead land laws Alaska. Homestead laws extended to.of the United States and the rights incident thereto, including the right to enter surveyed or unsurveyed lands under provisions of law relating to the acquisition of title through soldiers’ additional homestead rights, are hereby extended to the District of Alaska, subject to such regulations as may be made by the Secretary of the Interior; and no indemnity, Location of lieu lands, etc.deficiency, or lien lands pertaining to any land grant whatsoever originating outside of said District of Alaska shall be located within or taken from lands in-said District: *Provided,* That no entry shall be *Provisos.* Entries on navigable water.
Alternate spaces reserved.allowed extending more than eighty rods along the shore of any navigable water, and along such shore a space of at least eighty rods shall be reserved from entry between all such claims, and that nothing herein contained shall be so construed as to authorize entries to be made, or title to be acquired, to the shore of any navigable waters within said District: *And it is further provided,* That no homestead shall exceed Limit of homestead entry.eighty acres in extent.
Sec. 2. That the right of way through the lands of the United States Right of way to railroads.in the District of Alaska is hereby granted to any railroad company, duly organized under the laws of any State or Territory or by the Congress of the United States, which may hereafter file for record with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one —width. Materials for construction.hundred feet on each side of the center line of said road; also the right to take from the lands of the United States adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also the right to take for railroad uses, subject to the Stations.reservation of all minerals and coal therein, public lands adjacent to said right of way for station buildings, depots, machine shops, side tracks, turn outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount, twenty acres for each station, —limit.to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which may include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: *Provided,* That nothing herein contained shall be so construed *Provisos.* Minerals excepted.as to give to such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: *Provided further,* That Mining operations not to interfere with road.all mining operations prosecuted or undertaken within the limits of such right of way or of the lands hereby granted shall, under rules and regulations to be prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way.
And when such railway shall connect Wharves.with any navigable stream or tide water such company shall have power to construct and maintain necessary piers and wharves for connection with water transportation, subject to the supervision of the Secretary of the Treasury: *Provided,* That nothing in this Act contained Rights of future States.shall be construed as impairing in any degree the title of any State that may hereafter be erected out of said District, or any part thereof, to tide lands and beds of any of its navigable waters, or the right of such State to regulate the use thereof, nor the right of the United States to resume possession of such lands, it being declared that all such rights shall continue to be held by the United States in trust for the people of any State or States which may hereafter be erected out of said District.
The term “navigable waters,” as herein used, shall “Navigable waters,” defined.be held to include all tidal waters up to the line of ordinary high tide and all nontidal waters navigable in fact up to the line of ordinary high-water mark. That all charges for the transportation of freight Railroad charges to be printed and posted.and passengers on railroads in the District of Alaska shall be printed 410 Vol. 24, p. 380. Vol. 25, p. 855.and posted as required by section six of an Act to regulate commerce as amended on March second, eighteen hundred and eighty-nine, and such rates shall be subject to revision and modification by the Secretary of the Interior.
Passage of railroads through canyons, etc. Sec. 3. That any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of said canyon, pass, or defile for the purposes of its road, in common with the road first located, or the crossing of other —interference with wagon roads, etc.railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent —relocation of.the location through the same of any such tramway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as *Provisos.* —expenses, etc.perfect a manner as the original road or tramway: *Provided,* That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow’ any other railroad or tramway to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or Regulation of freight, etc., charges.corporation: *Provided,* That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers, and wharfage.
Appraisal by commissioners of land taken. Sec. 4. That where any company, the right of way to which is hereby granted, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United States, condemnation of a right of way across the same maybe made in accordance Vol. 13, p. 356. Vol. 12, p. 489.with section three of the Act entitled “An Act to amend an Act entitled ‘An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two’,” approved July second, *Proviso.* Filing of plat of preliminary surrey, etc.eighteen hundred and sixty-four: *Provided further,* That any such company, by filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, shall have the right at any time within one year thereafter, to file the map and profile of definite location provided for in this Act, and such preliminary survey and plat shall, during the said period of one year from the time of filing the same, have the effect to render all the lands on which said preliminary survey and plat shall pass subject to such right of way.
Maps of definite location. Sec. 5. That any company desiring to secure the benefits of this Act shall, within twelve months after filing the preliminary map of location of its road as hereinbefore prescribed, whether upon surveyed or unsurveyed lands, file with the register of the land office for the district where such land is located a map and profile of at least a twenty-mile section of its road or a profile of its entire road if less than twenty miles, as definitely fixed, and shall thereafter each year definitely locate and file a map of such location as aforesaid of not less than twenty miles additional of its line of road until the entire road has been thus definitely located, and upon approval thereof by the Secretary of the Interior the same shall be noted upon the records of said office, and thereafter all such lands over which such right of way shall pass shall be disposed of *Proviso.* Forfeiture for noncompletion, etc.subject to such right of way: *Provided,* That if any section of said road shall not be completed within one year after the definite location of said 411section so approved, or if the map of definite location be not filed within one year as herein required, or if the entire road shall not be completed within four years from the filing of the map of definite location, the rights herein granted shall be forfeited as to any such uncompleted section of said road, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way, stations, and terminals shall cease and become null and void without further action.
Sec. 6. That the Secretary of the Interior is hereby authorized to Right of way for wagon roads and tramways.issue a permit, by instrument in writing, in conformity with and subject to the restrictions herein contained, unto any responsible person, company, or corporation, for a right of way over the public domain in said District, not to exceed one hundred feet in width, and ground for station and other necessary purposes, not to exceed five acres for each station for each five miles of road, to construct wagon roads and wire rope, aerial, or other tramways, and the privilege of taking all necessary Use of material.material from the public domain in said District for the construction of such wagon roads or tramways, together with the right, subject to supervision and at rates to be approved by said Secretary, to levy Toll.and collect toll or freight and passenger charges on passengers, animals, freight, or vehicles passing over the same for a period not exceeding twenty years, and said Secretary is also authorized to sell to the owner or owners of any such wagon road or tramway, upon the completion thereof, not to exceed twenty acres of public land at each terminus at Land at termini.one dollar and twenty-five cents per acre, such lauds when located at or near tide water not to extend more than forty rods in width along the shore line and the title thereto to be upon such expressed conditions as in his judgment may be necessary to protect the public interest, and Minerals reserved.all minerals, including coal, in such right of way or station grounds shall be reserved to the United States: *Provided,* That such lands may be *Provisos.* —location of, etc.located concurrently with the line of such road or tramway, and the plat of preliminary survey and the map of definite location shall be filed as in the case of railroads and subject to the same conditions and limitations: *Provided further,* That such rights of way and privileges shall Rights of way, to whom granted.only be enjoyed by or granted to citizens of the United States or companies or corporations organized under the laws of a State or Territory; and such rights and privileges shall be held subject to the right of —amendment of, etc.Congress to alter, amend, repeal, or grant equal rights to others on contiguous or parallel routes.
And no right to construct a wagon road —conditions.on which toll may be collected shall be granted unless it shall first be made to appear to the satisfaction of the Secretary of the Interior that the public convenience requires the construction of such proposed road, and that the expense of making the same available and convenient for public travel will not be less on an average than five hundred dollars per mile: *Provided,* That if the proposed line of road in any ease shall Location on existing road, etc.be located over any road or trail in common use for public travel, the Secretary of the Interior shall decline to grant such right of way, if, in his opinion, the interests of the public would be injuriously affected thereby.
Nor shall any right to collect toll upon any wagon road in Collection of toll.said District be granted or inure to any person, corporation, or company until it shall be made to appear to the satisfaction of said Secretary that at least an average of five hundred dollars per mile has been actually expended in constructing such road; and all persons are prohibited —only on written authority.from collecting or attempting to collect toll over any wagon road in said District, unless such person or the company or person for whom he acts shall at the time and place the collection is made or attempted to be made possess written authority, signed by the Secretary of the Interior, authorizing the collection and specifying the rates of toll: *Provided,* That accurate printed copies of said written authority —printed copies to be posted.from the Secretary of the Interior, including toll, freight, and passenger charges thereby approved, shall be kept constantly and conspicuously 412—penalty.posted at each station where toll is demanded or collected.
And any person, corporation, or company collecting or attempting to collect toll without such written authority from the Secretary of the Interior, or failing to keep the same posted as herein required, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be lined for each offense not less than fifty dollars nor more than five hundred dollars, and in default of payment of such fine and costs of prosecution shall be imprisoned in jail not exceeding ninety days, or until such hue and costs of prosecution shall have been paid.
Priority to applicants for right of way. That any person, corporation, or company qualified to construct a wagon road or tramway under the provisions of this Act that may heretofore have constructed not less than one mile of road, at a cost of not less than five hundred dollars per mile, or one-half mile of tramway at a cost of not less than five hundred dollars; shall have the prior right to apply for such right of way and for lands at stations and terminals and to obtain the same pursuant to the provisions of this Act over and along the, line hitherto constructed or actually being improved Forfeiture for noncompletion.by the applicant, including wharves connected therewith.
That if any party to whom license has been granted to construct such wagon road or tramway shall, for the period of one year, fail, neglect, or refuse to complete the same, the rights herein granted shall be forfeited as to any such uncompleted section of said wagon road or tramway, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way shall cease and become null and void No toll on roads in bad condition.without further action.
And if such road or tramway shall not be kept in good condition for use, the Secretary of the Interior may prohibit the collection of toll thereon pending the making of necessary repairs. Recording of mortgages. That all mortgages executed by any company acquiring a right of way under this Act, upon any portion of its road that may be constructed in said District of Alaska, shall be recorded with the Secretary of the Interior, and the record thereof shall be notice of their execution, and shall be a lien upon all the rights and property of said company as therein expressed, and such mortgage shall also be recorded in the office of the secretary of the District of Alaska and in the office of the secretary of the State or Territory wherein such company is organized:
Mechanics’ liens.*Provided,* That all lawful claims of laborers, contractors, subcontractors, or material men, tor labor performed or material furnished in the construction of the railroad, tramway, or wagon road shall be a first lien thereon and take precedence of any mortgage or other lien. Government reservations. Sec. 7. That this act shall not apply to any lands within the limits of any military, park, Indian, or other reservation unless such right of way shall be provided for by Act of Congress.
Amendment. Transfer of right of way. Sec. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act or any part thereof; and the right of way herein and hereby authorized shall not be assigned or transferred in any form whatever prior to the construction and completion of at least one-fourth of the proposed mileage of such railroad, wagon road, or tramway, as indicated by the map of definite location, except by mortgages or other liens that may be given or secured thereon to aid in the *Proviso.* Preference to priority in survey, etc.construction thereof: *Provided,* That where within ninety days after the approval of this Act, proof is made to the satisfaction of the Secretary of the Interior that actual surveys, evidenced by designated monuments, were made, and the line of a railroad, wagon road or tramway located thereby, or that actual construction was commenced on the line of any railroad, wagon road or tramway, prior to January twenty-first, eighteen hundred and ninety-eight, the rights to inure hereunder shall, if the terms of this Act are complied with as to such railroad, wagon road or tramway, relate back to the date when such surveyor construction was commenced: and in all conflicts relative to the right of way or other privilege of this Act the person, company or corporation having 413been first in time in actual survey or construction, as the case may be, shall be deemed first in right.
Sec. 9. That the map and profile of definite location of such railroad, Indication of location on profile map. —surveyed lands.wagon road, or tramway, to be filed as hereinbefore provided, shall, when the line passes over surveyed lands, indicate the location of the road by reference to section or other established survey corners, and where such line passes over unsurveyed lands the location thereon —unsurveyed.shall be indicated by courses and distances and by references to natural objects and permanent monuments in such manner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map.
Sec. 10. That any citizen of the United States twenty-one years of Purchase of land embracing his improvements by occupant for purposes of trade.age, or any association of such citizens, or any corporation incorporated under the laws of the United States or of any State or Territory now authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public lands in the District of Alaska in good faith for the purposes of trade, manufacture, or other productive industry, may each purchase one claim only not exceeding eighty acres of such land for any one person, association, or corporation, at two dollars and fifty cents per acre, upon submission of proof that said area embraces improvements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry, such tract of land not to include mineral or coal lands, and ingress and egress shall be reserved to the public on the waters of all streams, whether navigable or otherwise: *Provided,* That no entry shall be allowed *Provisos.* Entries on navigable water, limit.
Alternate spaces reserved.under this Act on lauds abutting on navigable water of more than eighty rods: *Provided further,* That there shall be reserved by the United States a space of eighty rods in width between tracts sold or entered under the provisions of this Act on lands abutting on any navigable stream, inlet, gulf, bay, or seashore, and that the Secretary —use of for wharves, etc.of the Interior may grant the use of such reserved lauds abutting on the water front to any citizen or association of citizens, or to any corporation incorporated under the laws of the United States or under the laws of any State or Territory, for landings, and wharves, with the provision that the public shall have access to and proper use of such wharves, and landings, at reasonable rates of toll to be prescribed by said Secretary, and a roadway sixty feet in width, parallel —roadway reserved.to the shore line as near as may be practicable, shall be reserved for the use of the public as a highway: *Provided further,* That in case Adverse claimants.more than one person, association, or corporation shall claim the same tract of land, the person, association, or corporation having the prior claim, by reason of actual possession and continued occupation in good faith, shall be entitled to purchase the same, but where several persons are or may be so possessed of parts of the tract applied for the same shall be awarded to them according to their respective interests: *Provided further,* Purchases for trade.That all claims substantially square in form and lawfully initiated, prior to January twenty-first eighteen hundred and ninety-eight, Vol. 26, p. 1100.by survey or otherwise, under sections twelve, and thirteen of the Act approved March third, eighteen hundred and ninety-one (Twenty-sixth Statutes at Large, Chapter five hundred and sixty-one), may be perfected and patented upon compliance with the provisions of said Act, but subject to the requirements and provisions of this Act, except as to area, but in no case shall such entry extend along the water front for more than one hundred and sixty rods: *And provided further,* That Landing places for natives.the Secretary of the Interior shall reserve for the use of the natives of Alaska suitable tracts of land along the water front of any stream, inlet, bay, or sea shore for lauding places for canoes and other craft used by such natives: *Provided,* That the Annette, Pribilof Islands, and the Certain islands reserved.islands leased or occupied for the propagation of foxes be excepted from the operation of this Act.
That all affidavits, testimony, proofs, and other papers provided for Admissibility of testimony, etc. Vol. 26, p. 1093.by this Act and by said Act of March third, eighteen hundred and ninety-one, or by any departmental or Executive regulation t hereunder, 414by depositions or otherwise, under commission from the register and receiver of the land office, which may have been or may hereafter be taken and sworn to anywhere in the United States, before any court, judge, or other officer authorized by law to administer an oath, shall be admitted in evidence as if taken before the register and receiver of Procedure on application for patent.the proper local land office.
And thereafter such proof, together with a certified copy of the field notes and plat of the survey of the claim, shall be filed in the office of the surveyor-general of the District of Alaska, and if such survey and plat shall be approved by him, certified copies thereof, together with the claimant’s application to purchase, shall be filed in the United States land office in the land district in which the claim is situated, whereupon, at the expense of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circulation published nearest the claim within the District of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land office, as aforesaid, cause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous Adverse claimants.place on such claim continuously for at least sixty days, and during such period of posting and publication or within thirty days thereafter any person, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the laud office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of the court.
Timber, sale of. Sec. 11. That the Secretary of the Interior, under such rules and regulations as he may prescribe, may cause to be appraised the timber or any part thereof upon public lands in the District of Alaska, and may from time to time sell so much thereof as he may deem proper for not less than the appraised value thereof, in such quantities to each purchaser as he shall prescribe, to be used in the District of Alaska, —limit.but not for export therefrom. And such sales shall at all times be limited to actual necessities for consumption in the District from year to year, and payments for such timber shall be made, to the receiver of public moneys of the local land office of the land district in which said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe, and the moneys arising therefrom shall be accounted for by the receiver of such land office to the Commissioner of the General Land Office in a separate account, and shall be covered —use of.into the Treasury.
The Secretary of the Interior’ may permit, under regulations to be prescribed by him, the use of timber found upon the public lands in said District of Alaska by actual settlers, residents, individual miners, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and for domestic purposes, as may actually be needed by such persons for such purposes. Land districts. Sec. 12. That the President is authorized and empowered, in his discretion, by Executive order from time to time to establish or discontinue land districts in the District of Alaska, and to define, modify, or change the boundaries thereof, and designate or change the location Register and receiver.of any land office therein; and he is also authorized and empowered to appoint, by and with the advice and consent of the Senate, a register for each land district he may establish and a receiver of public moneys therefor; and the register and receiver appointed for such district shall, during their respective terms of office, reside at the place designated —salaries.for the land office.
That the registers and receivers of public moneys in the land districts of Alaska shall each receive an annual salary of one thousand five hundred dollars and the fees provided by 415FIFTY-FIFTH CONGRESS. Sess. II. Ch. 299–338. 1898.law for like officers in the State of Oregon, not to exceed, including such salary and fees, a total annual compensation of three thousand dollars for each of said officers. Sec. 13. That native-born citizens of the Dominion of Canada shall Citizens of Canada, mining rights, etc., of.be accorded in said District of Alaska the same mining rights and privileges accorded to citizens of the United States in British Columbia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules, and regulations; but no greater rights shall be thus accorded than citizens of the United States or persons who have declared their intention to become such may enjoy in said District of Alaska; and the Secretary of the Interior shall from time to time promulgate and enforce rules and regulations to carry this provision into effect.
Sec. 14. That under rules and regulations to be prescribed by the Bonding privilege to Canada.Secretary of the Treasury, the privilege of entering goods, wares, and merchandise in bond or of placing them in bonded warehouses at any of the ports in the District of Alaska, and of withdrawing the same for exportation to any place in British Columbia or the Northwest Territory without payment of duty, is hereby granted to the Government of the Dominion of Canada and its citizens or citizens of the United States and to persons who have declared their intention to become such whenever and so long as it shall appear to the satisfaction of the President of the United States, who shall ascertain and declare the fact by proclamation, that corresponding privileges have been and are being granted by the Government of the Dominion of Canada in respect of goods, wares and merchandise passing through the territory of the Dominion of Canada to any point in the District of Alaska, from any point in said District.
Approved, May 14, 1898. Chapter 338: For the protection of fish in the District of Columbia, for the maintenance of a permanent spawning ground in the Potomac River in said District, and for other purposes. 30 Stat. 415 1898-05-17 Chapter 338 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. 338.— An Act For the protection of fish in the District of Columbia, for the maintenance of a permanent spawning ground in the Potomac River in said District, and for other purposes.
May 17, 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 date District of Columbia. Protection of fish. Net fishing in Potomac River forbidden.of the passage of this Act no person shall fish with fyke net, pound net, stake net, weir, float net, gill net, haul seine, dip net, or any other contrivance, stationary or floating, in the waters of the Potomac River and its tributaries within the District of Columbia: *Provided,* That *Provisos.* —barrel nets and pots may be used for eels. —fish for propagation, etc.nothing in this Act shall be construed to prevent the use of barrel nets or pots for the catching or killing of eels, or prevent the United States Commissioner of Fish and Fisheries, or his agents, from taking from said waters in any manner desired fish of any kind tor scientific purposes or for purposes of propagation, and that none of the provisions of this Act shall apply to persons employed in catching young catfish, smelt, chub, bull minnows, and crayfish for use as bait in fishing with hook and line: *Provided further,* That any person engaged in taking Permit required for taking bait.such catfish, smelt, chub, bull minnows, and crayfish shall first have procured a written permit from the said Commissioner of Fish and Fisheries to take such bait for hook-and-line fishing.
Sec. 2. That no person shall catch or kill in the waters of the Potomac Bass.River or its tributaries within the District of Columbia any black bass (otherwise known as green bass and chub), crappie (otherwise known as calico bass and strawberry bass), between the first day of April and the first day of June of each year, nor have in possession nor expose for sale any of said species between the dates aforesaid, nor catch or kill any of said species of fish at any other time during the year except by angling, nor catch nor kill any of the aforesaid species by what are known as out lines or trot lines, having a succession of hooks or devices.
Sec. 3. That it shall be unlawful for any person to have in possession Shad or herring.or expose for sale in the District of Columbia after the tenth day of June in any year any fresh fish of the shad or herring species. 416FIFTY-FIFTH CONGRESS. Sess. II. Ch. 338, 339. 1898. Small fish. Sec. 4. That it shall be unlawful for any person to expose for sale in the District of Columbia at any time during the year any striped bass or rockfish or black bass having a length of less than nine inches.
Use of explosives, etc. Sec. 5. That it shall be unlawful for any person to catch or kill in the waters of the Potomac River or its tributaries within the District of Columbia any fish by means of explosives, drugs, or poisons. Deposits of deleterious matter. Sec. 6. That no person shall allow any tar, oil, ammoniacal liquor, or other waste products of any gas works or works engaged in using such products, or any waste product whatever of any mechanical, chemical, manufacturing, or refining establishment, to flow into or be deposited in Rock Creek or the Potomac River or any of its tributaries within the District of Columbia, or into any pipe or conduit leading to the same.
Penalty. Sec. 7. That any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction therefor before the police court or any other court of the District of Columbia shall be fined for each and every such offense not less than ten dollars nor more than one hundred dollars, and in default of payment of fine shall be imprisoned in the workhouse for a period not One-half fine to informer, etc.exceeding six months; and any officer or other person securing such conviction before the police court of the District of Columbia shall be entitled to and receive one half of any fine or lines imposed upon and paid by the party or parties adjudged guilty.
Disposition of nets, etc., token. Sec. 8. That all nets, boats, or other contrivances, the property of any person convicted under the provisions of this Act shall be returned to the property clerk of the Metropolitan police department to be delivered to the owner upon the order of the judge of the police or other court, and if not called for within six months by the claimant the same shall be treated as other abandoned property coming into the hands of the police. Repeal. Sec. 9.
That all acts or parts of acts not in harmony with the provisions of this Act be, and the same are hereby, repealed. Approved, May 17, 1898. Chapter 339: To confer jurisdiction upon the circuit courts in certain cases. 30 Stat. 416 1898-05-17 Chapter 339 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. 339.— An Act To confer jurisdiction upon the circuit courts in certain cases.
May 17, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the several circuit courts Circuit courts. Jurisdiction conferred to decree partition where United States is joint tenant, etc.of the United States shall have jurisdiction of suits in equity brought by any tenant in common or joint tenant for the partition of lands in cases where the United States is one of such tenants in common or joint tenants, such suit to be brought in the circuit court of the district in which such land is situate.
Suit against the United States. Sec. 2. That when such suit is brought by any person owning an undivided interest in such land, other than the United States, against the United States alone or against the United States and any other of —service on.such owners, service shall be made on the United States by causing a copy of the bill filed to be served upon the district attorney of the district wherein the suit is brought, and by mailing a copy of the same by registered letter to the Attorney-General of the United States; and the complainant in such bill shall file with the clerk of the court in which such bill is filed an affidavit of such service and of the mailing of such —appearance by district attorney.letter.
It shall be the duty of the district attorney upon whom service of the bill is made as aforesaid to appear and defend the interests of the Government, and within sixty days after service upon him as hereinabove prescribed, unless the time shall be enlarged by order of the —pleadings.court made in the case, to file a plea, answer, or demurrer on the part of the Government, and the cause shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of 417FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 339–342. 1898.equity in partition proceedings between private persons. Whenever in Sale of property. —bid by the United States.such suit the court shall order a sale of the property or any part thereof the Attorney-General of the United States may, in his discretion, bid for the same in behalf of the United States. If the United States shall be the purchaser, the amount of the purchase money shall be paid from the Treasury of the United States upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney-General.
Approved, May 17, 1898. Chapter 340: Declaring the Federal jail at the city of Fort Smith, Arkansas, a national prison for certain purposes. 30 Stat. 417 1898-05-17 Chapter 340 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. 340.— An Act Declaring the Federal jail at the city of Fort Smith, Arkansas, a national prison for certain purposes.
May 17, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Federal jail at the city Fort Smith, Ark. Federal jail declared a national prison.of Fort Smith, Arkansas, in addition to the purposes for which it is now used, is hereby declared to be a national prison, for the confinement of persons convicted of crimes and misdemeanors in the United States courts and commissioners’ courts in the Indian Territory, in cases where the term of imprisonment does not exceed one year, admission —admission into.into said prison to be under such rules and regulations as may be prescribed by the Attorney-General of the United States.
And said —additional use.jail may also be used for the care and confinement of United States prisoners in the Texarkana division of the western district of Arkansas. Approved, May 17, 1898. Chapter 341: To provide for the disposition of abandoned imported merchandise. 30 Stat. 417 1898-05-17 Chapter 341 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. 341.— An Act To provide for the disposition of abandoned imported merchandise. May 17, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section twenty-three of Customs. Abandoned imported merchandise. Vol. 26, p. 140.the Act of June tenth, eighteen hundred and ninety, is hereby amended so as to read as follows: "“Sec. 23. That no allowance for damage to goods, wares, and merchandise No allowance for damage. —abandonment, and relief.imported into the United States shall hereafter be made in the estimation and liquidation of duties thereon; but the importer thereof may, within ten days after entry, abandon to the United States all or any portion of goods, wares, and merchandise included in any invoice, and be relieved from the payment of the duties on the portion so abandoned: *Provided,* That the portion so abandoned shall amount *Proviso.* Value of abandoned goods. —sale.to ten per centum or over of the total value or quantity of the invoice; and the property so abandoned shall be sold by public auction or otherwise disposed of for the account and credit of the United States under such regulations as the Secretary of the Treasury may prescribe.
All —place of delivery by importer.merchandise so abandoned by the importer thereof shall be delivered by such importer at such place within the port of arrival as the chief officer of customs may direct, and on the failure of the importer to comply —failure to deliver.with the directions of the collector in this respect the abandoned merchandise shall be disposed of by the collector at the expense of such importer.”" Approved, May 17, 1898. Chapter 342: To organize a volunteer signal corps. 30 Stat. 417 1898-05-18 Chapter 342 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. 342.— An Act To organize a volunteer signal corps. 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 hereby Army. Volunteer signal corps. —pay.authorized to organize a volunteer signal corps, for service during the existing war, which corps shall receive the same pay and allowances as are authorized by law for the Signal Corps of the Army. 418FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 342–344. 1898. —organization. Sec. 2. The volunteer signal corps shall consist of one colonel, one lieutenant colonel, one major as disbursing officer, and such other officers and men as may be required, not exceeding one major for each army corps, and two captains, two first lieutenants, two second lieutenants, five *Proviso.* Electricians and telegraph operators.first-class sergeants, ten sergeants, ten corporals, and thirty first-class privates to each organized division of troops: *Provided,* That two-thirds of all officers below the rank of major and a like proportion of the enlisted men shall be skilled electricians or telegraph operators.
Approved, May 18, 1898. Chapter 343: Granting the Santa Fe and Grand Canyon Railroad Company right of way for railroad purposes through the Grand Canyon Forest Reserve in northern Arizona. 30 Stat. 418 1898-05-18 Chapter 343 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. 343.— An Act Granting the Santa Fe and Grand Canyon Railroad Company right of way for railroad purposes through the Grand Canyon Forest Reserve in northern Arizona.
May 18, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Santa Fe and Grand Santa Fe and Grand Canyon Railroad granted right of way through Grand Canyon Forest Reserve.Canyon Railroad Company, a corporation created and existing under the laws of the Territory of Arizona, is authorized to construct and maintain a railroad over and through the Grand Canyon Forest Reserve (heretofore reserved from entry or settlement and set apart as a public reservation by Benjamin Harrison, President of the United States, by Vol. 27. p. 1064.
Location.proclamation of date the twentieth day of February, eighteen hundred and ninety-three), said railroad to enter the said (fraud Canyon Forest Reserve at such a point on the southern boundary of said reserve in Coconino County, Arizona, as may be found to be the most feasible for the route of said railroad, running in a northerly direction from Williams, Arizona; thence proceeding by the most practicable route through a point at or near Lombard and the Bright Angel Trail to the Indian Gardens, and from said Bright Angel Trail in an easterly direction to the Little Colorado River; also to proceed by such side tracks, extensions, switches, and spurs as may be necessary to reach the various groups of mines in said forest reserve, all in said Coconino County;
Restrictions, etc.
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  • 30 Stat. 409
  • 30 Stat. 415
  • 30 Stat. 416
  • 30 Stat. 417
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Chapter 298
Authorizing the Campbell-Lynch Bridge Company to construct a bridge across the Arkansas River at or near Webbers Falls, Indian Territory
Stat.Chapter 152
Stat.30 Stat. 409
Stat.30 Stat. 415
Stat.30 Stat. 416
Stat.30 Stat. 417
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