text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1360

 SEVENTIETH CONGRESS. SESS. II. CHs. 327, 328. 1929 . 1309 to be built by the Dupo Bridge Company, a Missouri corporation, its successors and assigns, by an Act of Congress approved May 14, 1928, are hereby extended one and three years, respectively, from May 14, 1929. SEC. 2 . The right to alter, amend, or repeal this Act is hereby Ante, p. 505, amended. Am endment. Be it enacted by the Senate and House o f Represe ntatives o f the United States o f America in Congress assembled, That in order Missouri River. Brownville Bridge to facilitate interstate commerce, improve the postal service, and company may bridge, provide for military and other purposes, th e Brownville Bridge at Brownville, Nebr. Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Brownville, Nebraska, in accordance with the construction. provisions of the Act entitled "An Act to regulate the construction Vol.34,p.84. of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real SEC. 2 . There is hereby conferred upon the Brownville Bridge es ta t e, e tc ., for location, Company, its successors and assigns, all such rights and powers to approaches, etc. enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensa- tion therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in Condemnat ion pro- such ceedings. the condemnation or expropriation of property for public purposes in such State. SEC. 3. The said Brownville Bridge Company, its successors and Tolls authorized. assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained vol .34,p.85. in the Act of March 23, 1906. SEC. 4. After the completion of such bride as determined b Acquisition author- gI y ized, aft er c omple tion, the Secre tary of Wa r, e ither the Stat e of Nebra ska, the State of by Nebraska, Mi s- Missouri, any public agency or political subdivision of either of sour, etc' such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation Compensation, if ac- quired by condemna- or expropriation. If at any time after the expiration of five years tion. after the complet ion of such bridge t he same is acquired by condemnation or expropriation, the amount of damages or com- pensa tion t o be a llowed shall not i nclude good w ill, g oing v alue, or prospective revenues or profits, but shall be limited to the sum of Lim itati ons. (1) the ac tual c ost of const ructin g such bridge and i ts app roache s, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion costs, not to exceed 10 per centum of the ex pressl y rese rved. Approved, February 26, 1929. CHAP. 328.-An Act Authorizing the Brownville Bridge Company, its suc- February 26, 1929. [S . 4861 .] cessors and a ssigns, to c onstruct, ma intain, and o perate a bri dge across t he Mis- [Public, No. 814 .] souri River at or near Brownville, Nebraska.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1361

 1310 SEVEN TIETH C ONGRESS. Suss. II. CH. 328. 1929 . sum of th e cost of cons tructing the bridge and it s approaches a nd acquiring such interest in real property ; and (4) actual expenditures for neces sary improveme nts. Te ns unde r state, etc ., op eration. SEC. 5 . If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if operation, sinking to tolls are thereafter charged for the use thereof, the rates of toll inking b fund, etc ° shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible 3faintenance as free under reasonable charges, but within a period of not to exceed twenty bridge, etc ., after years from the date of acquiring the same. After a sinking fund amortizing cos ts, etc. sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the am ount necessar y for the pro per maintenanc e, Record of eapendi- repair, and operation of the bridge an d its approach es under eco- tures and rece ipts. nomical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of Sworn statement of all p ersons intere sted. construction costs, etc ., SEC. 6 . The Brownville Bridge Company, its successors and assigns, to be filed after comple- tion. shall wit hin ninety day s after the c ompletion of such bridge fi le with the Secretary of War and with the highway departments of the States of Nebraska and Missouri a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real prop- Examination by sec- erty necessary therefor, and the actual financing and promotion retary of war. costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completio n of such bri dge, investiga te such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and pro- moting such bridge. For the purpose of such investigation the said Brownvi lle Bridge Co mpany, its su ccessors and a ssigns, shall Finding of Se cretary make available all of its records in connection with the construction, conclusive. financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge s hall be concl usive for the purposes men- tioned in section 4 of this Act, subject only to review in a court of Right ht to sell, etc ., equity for fraud or gross mistake. conferred. SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the Brownville Bridge Company, its successors and assigns ; and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. tracts Co to be let nstructi on by co n- SEC. 8 . All contracts made in connection with the construction petitive biddin g. of the bridge authorized by this Act and which shall involve the expenditure of more than $5,000, shall be let by competitive bidding. Advertising, etc. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof ; sealed bids shall be required and the contracts shall be awarded to the lowest responsible

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1362

 SEVENTIETH CON GRESS. SESS. II. CHs. 328, 329 . 1929 . 1311 bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway depart- ments of the States in which such bridge is located. A fa ilu re to mon ~ in tra oiolvtn f comply in good faith with the provisions of this section shall provisions. render null and void a ny co ntract made in v iolat ion th ereof, and the Secretary of War may, after hearings, order the suspension of all work upon su ch bridg e until the prov isions o f this se ction sh all have been fully complied with. SEC. 9. The right to alter, amend, or repeal this Act is hereby Amendment. expressl y reserv ed. Approved, February 26, 1929 . CHAP. 329 .-An Act Authorizing Thomas E. Brooks of Cam Wa lton February , 5 25,1929 . g P ~	[ S. l2s.] Florida, and his associates and assigns, to construct, maintain, and operate a [Public, No. 815 .] bridge across the mouth of Garniers Bayou, at a point where State road num- bered 10, in the State of Florida, crosses the mouth of said Garniers Bayou, between Smack Poi nt on the west and White Point on the east, in O kaloosa County, Florida. Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That in order to Garniers Bayou. f Thomas E. Brooks facilitate intrastate commerce, improve the postal service, and provide may bridge, between for mil itary and other purp oses, Thom as E. Brooks, of Camp Point Point and west Walton, Florida, his associates, and assigns, be, and are hereby, authorize d to const ruct, main tain, and operate a bridge and approaches thereto across the mouth of Garniers Bayou, in Okaloosa Cou nt y, Florida, at a point wh ere State roa d num be red 10, in the State of Florida, crosses the mouth of said Garniers Bayou, between Sma ck Point on the w est and Wh ite Point on the east, in Okaloosa Construct ion. County, Florida, in accordance with the provisions of the Act entitled vol. 34, p. 84. "An Act to regulate the construction of bridges o ver navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. There is hereby conferred upon Thomas E. Brooks, of esRight to forbeareall Camp Walton, Florida, his associates and assigns, all such rights and approaches, etc. powers to ente r upon l ands and to acqu ire, con demn, oc cupy, po ssess, and us e real e state an d other property needed for the location, con- struction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in whi ch such real est ate or o ther pro perty is situate d, upon making ju st compensation therefor, to be ascertained and pa id according to the laws of such St ate, and the pro ceedings therefo r shall be the ee ed on nddsmnation pro- same as in the condemnation or expropriation of property for public purpos es in su ch State. SEC. 3. The said Thomas E. Brooks, of Camp Walton, F lorida, Tolls authorized. and his associates and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be legal rates until changed by the Secretary of War under the Vol.34,p.85. authority contained in the Act of March 23, 1906. SEC. 4. After the completion of such bridge as determined b the Acquisition author- - y ize d, a fter comp letio n, Secretary of War, either the State of Florida, any public agency or by Flor ida, etc. political subdivision of said State, within or adjoining which any pa rt of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necess ary ther efor, by purchas e or by condemna tion or expropri ation, in accordance with the laws of the State of Florida governing the acquisition of pr iv ate property for public purposes by condemna-

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1363

 1312 SEVENTIETH CONGRESS. SEss. II. Ca. 329. 1929 . Compensation, if ac- tion or expropriation. If at any time after the expiration of twenty quir ed by conde mna- tion° yea rs after the completion of such bridge t he same is ac quired by condemnation or expropriation, the amount of damages or compen- sat ion to be all owed shall not include good will, going value, or Limitations, prospective revenues or profits, but shall be limited to the sum of (1) the actu al c ost of c onst ruct ing such bri dge and its appr oach es, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interest in real property ; (3) actual financing and promotion costs not to exceed 10 per centum of the sum of the cost of constructi ng the bridge and its appro aches and acquiring such interests in real property ; (4) actual expenditures for necessary improvements. etc.olls uti nder State, SEC. 5. If such bridge shall at any time be taken over or acquired by the State or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are Rates applied to oper- thereafter charged for the use thereof, the rate of toll shall be so ation, sinking fund, etc. t~ 7 adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including rea sonable inter est and finan cing cost, as soon as possi ble under reasonable charges, but within a period of not exceeding twenty years Maintenance as free from the date of acquiring the same. After a sinking fund sufficient bridge, etc ., after amor- tizing costs, etc. for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rate of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and. opera tion of the b ridge and its approaches un der economical ta re Record s and rof rsendt management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for main- taining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. Sworn statement of SEC. 6. The said Thomas E. Brooks, and his associates and assigns construction costs, etc ., to be filed after comple. shall within ninety days after the completion of such bridge, file tion. with the Secretary of War and with the highway department of the State of Florida, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real estate necessary therefor, and Examination by Sec- retary of War. the act ual financing and promotion costs. The Secretary of War may, upon request of the highway department of the State of Florida, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of con- structi ng, financing, and promotin g such bridge ; for the purp ose of such investigation the said Thomas E. Brooks, his associates and assigns, shall make available all of their records in connection, with Finding o f Secretary conclusive. the con struction, fi nancing, and p romotion ther eof. The findi ng of the Secretary of War as to the reasonable costs of construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review Right to sell, etc., the court of equity for fraud or gross mistake. , conferred. SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the sa id Tho mas E. Bro oks of Camp W alton, Florida, his asso- ciates and assigns ; and any corporation or person to which or to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1364

 SEVENTIETH CONGRESS. SEss. II. Cxs. 329, 330 . 1929 . 1313 same as fully as though conferred herein directly upon such cor- poration or person. SEC. 8. The right to alter, amend, or repeal this Act is hereby .Amendment. expres sly re served. Approved, February 26, 1929. CHAP. 330 .- An Ac t Aut horiz ing V. Calvin Tric e, his heirs legal re resenta- Februar y 26, isz s. P [S .5465.] tives, and assi gns, to co nstru ct, m aitai n, an d ope rate a bri dge a cross the Chop- [Public, No. sit .] tank River at a point at or near Cambridge, Maryland. Be it enacted by the Senate and House o f Representatives o f the United States o America in Congress assembled That in order to Choptank River . f V. Calvin Trice may promote interstate commerce, improve the postal service, and pro- bridge, at Cambridge, vide for military and other purposes, V. Calvin Trice, his heirs, legal repres entati ves, a nd ass igns, be, and is he reby, author ized t o cons truc t, ma intai n, a nd op erate a br idge and appro ache s the reto across the Choptank River at or near Cambridge, Maryland, at a point suitable to the interests of navigation, in accordance with the Col 3 rucion. provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Acquisition author- SEC. 2 . After the completion of such bridge, as determined by the ized, after completion, Secre tary o f War, eithe r the State of Mary land, any po litica l subd i- by Maryland, etc' vision thereof within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its ap- proaches and any interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty Compens ation, if ac - years after the completion of such bridge and its approaches the goned by condemna- same is acquired by condemnation, the amount of damages or com- pens ation to be allowe d shal l not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of Lim itat ions. (1 ) the actual cost of con struct ing su ch brid ge and its a pproac hes, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property ; and (4) actual expendi- tures for necessary improvements. SEC. 3 . If such bridge shall at any time be taken over or acquired etc ., olperanodn er state, by any municipality or other political subdivision or subdivisions of the State of Ma ryland under the p rovisi ons of sectio n 2 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be Rate sappliedt etc, ~ ation, sinking fund, so adjusted as to provide a fund sufficient to pay for the cost of mai ntaini ng, re pairin g, and opera ting t he brid ge and its a pproac hes, and to pr ovide a sink ing fu nd suf ficien t to am ortize the a mount paid for such bridge and its approaches as soon as possible under reasonable cha rges, but wi thin a p erio d of n ot to exceed twent yy ears from the Maintenance as free bridge, etc ., after amor- date of acquiring the same. After a sinking fund sufficient to amor- tizing costs, etc ° tize the cost of acquiring the bridge and its approaches shall have been provided, such bridge shall thereafter be maintained and oper- ated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its R ecord of expe ndi- approaches. An accurate record of the amount paid for the bridge tures and receipts. and its approaches, the expenditures for operating, repairing, and

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1365

 1314 Sworn statement of construction costs, etc ., to be filed after comple- tion. Examination by Sec- retary of War. Findings of Secretary conclusive. Right to sell, etc., conferred. Amen dment. SEVENTIETH CONGRESS. SEss. II. Cas. 330, 331 . 1929 . maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. SEC. 4. V. Calvin Trice, his heirs, legal representatives, and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War, and with the highway department of the State of Maryland, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secre- tary of War may, and at the request of the highway department of the State of Mar yland shall, at any time wi thin three ye ars after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the state- ment of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; for the purpose of such investigation the said V. Calvin Trice, his heirs, legal representatives, and assigns shall make avail- able all records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 2 of this Act, subject only to review in a court of equity for fraud or ,~ross mistake. ~9EC. 5 . The right to sel l, assi gn, tra nsfer, and mo rtgage all ri ghts, pow ers, and priv ileges confer red by this Ac t is hereby g ranted to V. Calvin Trice, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 6 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929. February 26, 1929. ,[S . 5543.]	CHAP. 331 .-An Act To establish the Grand Teton National Park in the [Public, No. 817 .] St ate of Wyo ming, and for other purposes. Be it enacted by the Senate and House of Representatives of the tiona l Grand Park. Teten Na- United States o f America in Congress assembled, That the tract of Area. land in the State of Wyoming particularly described by metes and bounds as follows, to wit Des crip tion. Beginning at the northwest corner of township 44 north, range 115 west, of the sixth principal meridian; thence southerly along the west line of said township to the northeast corner of section 12, town- ship 44 north, range 116 west; thence westerly to the northwest cor- ner of the northea st quarter nor theast quarte r section 12; th ence southerly and westerly, respectively, on quarter-quarter section lines to the southwest corner of said section 12; thence southerly to the southwest corner of the northwest quarter northwest quarter section 13; thence easterly to the northeast corner of the southwest quarter northeast quarter section 13; thence southerly on the east quarter- quarter section lines of sections 13, 24, and 25, to the southwest cor- ner of the northea st quarter nor theast quarte r section 25; th ence westerly and southerly, respectively, on quarter-quarter section lines to the northwest corner of the southwest quarter southwest quarter section 25; thence westerly to the northwest corner of the southwest quarter southeast quarter section 26; thence southerly to the south-

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1366

 SEVENTIETH CONGRESS. SEss. II. Ca. 331. 1929 . 1315 west corner of the southeast quarter section 26 ; thence westerly to c ees~cription .-Con- the southwest corner of the southeast quarter southwest quarter sec- tion 26 ; thence southerly to the southwest corner of the northeast quarter southwest quarter section 35 ; thence easterly to the northeast corner of the southwest quarter southeast quarter section 35 ; thence southerly to the southeast corner of the southwest quarter southeast quarter section 35, all in township 44 north, range 116 west ; thence westerly to the northeast corner of the northwest quarter section 2, township 43 north, range .116 west ; thence southerly on mid-section lines of sections 2, 11, and 14, to the northwest corner of the south- east quarter section 14 ; thence easterly to the northeast corner of the northwest quarter southeast quarter section 14 ; thence southerly on east quarter-quarter section lines of sections 14, 23, 26, and 35, all in township 43 north, range 116 west, to the right bank of South Fork Snake River ; thence westerly along said bank to its intersection with the north line of township 42 north, range 116 west ; thence westerly along said township line to the northwest corner of said township ; thence southerly along the west line of said township to its intersec- tion with the main hydrog raphic divide immediately south of Granite Canyon ; thence southwesterly along said divide to its intersection with the main hydrographic divide formed by the crest of the Teton Mountains ; thence north erly along sa id divide, be tween the head - waters of Moose Creek and Granite Canyon, Fox Creek, and Open C anyon, Dirby Creek and Death Canyon, Tet on Cre ek and Tagga rt and Glacier Creeks, Leigh Creek and Leigh Canyon, Badger Creek and Moran Canyon, to a point where said divide intersects the main hydrographic divide immediately south and southeast of Webb (Moose) Canyon ; thence northeasterly along the last-mentioned div ide to its in tersect ion wi th the project ed eas t. quarter-quarter sec- tion line of what will probably be when surveyed section 7, township 46 north, range 115 west ; thence southerly along said line to the northwest corner of the southeast quarter southeast quarter section 7 ; thence westerly to the northwest corner of the southwest quarter southeast quarter section 7 ; thence southerly on projected mid- section lines of probable sections 7, 18, 19, and 30, to the southwest corner of the northeast quarter section 30 ; thence westerly to the southeast corner of the southwest quarter northwest quarter section 30 ; thence southerly to the southeast corner of the northwest quarter southwest quarter section 30 ; thence westerly to the southwest corner of the northwest quarter southwest quarter section 30, all of town- ship 46 north, range 115 west ; thence southerly on projected west line of said township and the west line of township 45 north, range 115 west, to the southwest corner of section 6, township 45 north, range 115 west ; thence westerly on projected north line of what will probably be when surveyed, section 12, township 45 north, range 116 west, to the northeast corner of the northwest quarter northwest quarter section 12 ; thence southerly to the southeast corner of the southwest quarter northwest quarter section 12 ; thence westerly to the southeast corner of the southwest quarter northwest quarter prob- able section 11 ; thence southerly to the northeast corner of the south- west quarter southwest quarter section 11 ; thence westerly to the northwest corner of the southwest quarter southwest quarter section 11 ; thence southerly on projected west lines of probable sections 11 and 14 to the southwest corner of said section 14 ; thence easterly to the northeast corner of the northwest quarter northwest quarter probable section 23 ; thence southerly to the southeast corner of the northwest quarter northwest quarter section 23 ; thence easterly to the southwest corner of the northeast quarter of the northeast quarter section 23 ; then southerly to the southwest corner of the southeast quarter northeast quarter section 23 ; thence easterly to the southeast

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1367

 1316 SEVENTIETH CONGRESS. SESS. II. CHs. 331, 332 . 1929 . corner of the northeast quarter section 23 ; thence southerly on pro- jected east lines of probable sections 23 and 26 to the northeast corner of the southeast quarter Southeast quarter section 26 ; thence east- ward to the northeast corner of the southeast quarter southeast quarter section 25, all in township 45 north, range 116 west ; thence easterly to the northeast corner of the southeast quarter southwest quarter section 30, township 45 north, range 115 west ; thence south- erly on mid-section lines of sections 30 and 31, to the south line of section 31, said township ; thence easterly to place of beginning, is z ton lea coal GPark hereby re served and wit hdrawn from s ettlement, oc cupancy, or di s- Wyo. posal under the laws of the United States, and dedicated and set apart as a public park or pleasure ground for the benefit and enjoy- ment of the people of the United States under the name of the Grand Restriction Pre•'S•. on new Teton National Park of Wyoming : Provided, That no new roads roads and hotels. shall be constructed and no hotels or permanent camps shall be estab- lished on such lands except under authority of appropriations spe- cifically made therefor by Congress, but nothing herein shall be held to restrict the establishment and construction of trails on said lands. National provisions a pSp lic- S - EC. 2. That the provisions of the Act of August 25,'1916, entitled ice ovisions a lid ab Vol.39,p.535. "An Act to establish a National Park Service, and for other pur- poses," a nd all Acts su pplementary t o and amendat ory of said Ac t, are made applicable to and extended over the lands hereby included Grazi ng pe rmitte d in said Grand Teton National Park : Provided, That under rules adjacent owners, upon and regul ations to be p rescribed by the Secretary of the Interi or lands of. any bona fid e cl aima nt or entryman cla iming or owni ng land reaso n- ably adjacent to the land in said park shall have the right to graze upon land in said park reasonably adjacent to the lands claimed. or owned by him such number of livestock as 'he has been accus- Useofdeadanddown tomed to so graze in the past or as may be reasonably necessary tim be r, to the conduct of his business, and shall also have the right subject to such rules and regulations to secure dead or down timber from park lands for use in the conduct of such business. Water Power Act not applicable. SEC. 3 . That the provisions of the Act of June 10, 1920, entitled Vol. 41, p .1063. "An Act to create a Federal Power Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of the R iver a nd Ha rbor A ppropr iation Act, appro ved Au gust 8, 1917, and for other purposes," shall not apply to or extend over the land hereby reserved and dedicated as the Grand Teton National Park. affe d d claims, et•.,not SEC. 4. That nothing herein contained shall affect any valid exist- ing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other pur- poses whatsoev er, or shall affect the rig ht of any suc h claimant, locator, or entryman to the full use and enjoyment of his land. Appropriations for SEC. 5 . That the appropriations heretofore and hereafter made Yellowstone Park available for purposes available for the administration, protection, and maintenance of the hereof. Yellowstone National Park shall also be available for these pur- poses for the Grand Teton National Park of Wyoming unless said park is otherwise provided for by Act of Congress. Approved, February 26, 1929. February 5 y 26,1929. . CHAP. 332 .-An Act Authorizing the State highway commission, Common- [Public .	No. 818.] wealth of Kentucky, to construct, maintain, and operate a bridge across the Ohio River at or near Carrollton, Kentucky. Re it ena cted by the Se nate and Hous e of Represen tatives of the Ohio River. Kentucky may United States of America in Congress assembled, That the conse nt bridge, at Carrollton, of Congress is hereby granted to the State highway commission, Commonwealth of Kentucky, to construct, maintain, and operate a

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1368

 SEVENTIETH CONGRESS. SEss. II. CHs . 332-334 . 1929 . 1317 bridge and approaches thereto across the Ohio River, at a point suitab le to the in terest s of n avigat ion, at or ne ar Car rollto n, Ken - tucky, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contain ed in this A ct. SEC. 2 . If tolls are charged for the use of such bridge, the rates Rates of ton, to pro- b 7 vide for operation, sink- of toll shall be so adjusted as to provide a fund sufficient to pay the ing fund, etc. reasonable cost of maintaining, repairing, and operating the bridge and its a pproa ches unde r eco nomic al m anage ment, and to p rovid e a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon Maintenance as free as possible under reasonable charges. After a sinking fund sufficient bridge, etc ., after amor. for such amortization shall have been so provided, such bridge shall sizing costs, etc' thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and oper ation of t he br idge and its a ppro aches unde r ec onomi cal m an- Record of eapendi- agement. An accurate record of the costs of the bridge and its tares and receipts. approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is, authorized and directed, by and with the advice and consent of the Senate, to appoint an additional judge of the District Court of the United States for the District of South Dakota, who shall reside in said district and whose term of office, compensation, duties, and powers shall be the same as now provided by law for the judge of said district. SE C. 2. When a vacancy shall occur in the office of the existing judge for said district such vaca ncy shall not be f illed unl ess autho r- ized by the Congress. SEC. 3 . This Act shall take effect upon its approval by the Pres iden t. Approved, February 26, 1929. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized - to appoint, by and with the advice and consent of the Senate, three additional judges of th e Dist rict C ourt of the United States for t he Sou thern Distri ct of Ne w York, who shall reside in sa id dist rict a nd who shall posse ss the same powers, perform the same duties, and receive the same com- pensation as the present district judges of said district. Approved, February 26, 1929. Construction. Vol .34,p.84. Amendmen t. February 26, 1929. CHAP. 333 .-An Act To create an additional judge in the District of South 	[H. R. 8551 .] Dakota. [Public, No. 819.] Sou th Da kota jud i- cial district . Additional judge au- thorized for. Vol.36,p. 1087, amended. U.S. Code, p.863 . Vacancy occurring in office of existing judge not to be filled. Effective date. February 26, 1929. CHAP. 334.-An Act To provide for the appointment of three additional 	 [H. R. 9 200 .1 judges of the District Court of the United States for the Southern District of [Public, No. 820.] New York. New York Southern Judi cial dist rict. Three a dditional judges authorized for. Vol. 36, p. 1087, amend, ed. U.S. Code, p. 863.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1369

 1318 SEVENTIETH CONGRESS. SEss . II. C'HS. 335, 336. 1929 . February 26, 1929. [H. R . 10374 .] [Public, No. 821 .] Be it enacted by the Senate and House of representatives of the National forests. United States o f America in Congress assembled, That the Secretary rights ao be nrourea of Agriculture is hereby authorized to expend, from the appropria- for forest tree n urseries. ion for planting trees on national forests during the fiscal year end- ing June 30, 1929, and/or from the appropriation for cooperation with States during the same fiscal year under the provisions of sec- tion 4 of the Act of June 7, 1924 (Forty-third Statutes, page 65 3), as amended, such amounts, but not to exceed a total of $20,000, as may be necessary to acquire by purchase or condemnation lands or water rights necessary, in his judgment, for forest-tree nurseries or for ad- ditions to existing forest-tree nurseries, and any lands obtained under Added to nearest the authority of this Act shall, upon acquisition, become parts of the nearest national forests. Approved, February 26, 1929. Vol.43, p. 654. for est. February 26, 1929. [H. R. 11285.] [Public, No. 822.] Federal prison camps. Established on se- lec ted sites. Transfer to, of Fed- eral convicts for road or trail building. Proviso. Indian reservations excluded. Go od conduct com- mutation applicable. Vol. 32, p.397; Vol. 34,p.149. Ad ditional de duc- tion allowed . Criminal laws appli- cable. Pay ment of earn ings. Expenses pay ab le from appropriation for su pport of priso ners. CHAP. 335 .-An Act Authorizing the acquisition of land and water rights for forest-tree nurseries. CHAP. 336 .-An Act To establish Federal prison camps. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Attorney General is hereby authorized to establish, equip, maintain, and operate prison camps upon sites selected by the Attorney General, the Secretary of Agriculture, and the Secretary of the Interior. Upon written order of the Attorney General persons convicted under the laws of the United States may be transferred to such prison camps for employment upon road or trail building, the cost of which is borne exclusively by the United States : Provided, That this Act shall not autho rize any such camp for emplo yment upo n any Indi an reservation. SEC. 2. That the Act of Congress approved June 21, 1902, as amended by the Act of April 27, 1906, providing for commutation for good conduct for United States prisoners, shall be applicable to prisoners transferred to the camps herein authorized ; and in addition thereto each prisoner, without regard to length of sentence, shall be allowed, under the same terms and conditions as provided in the Acts of Congress above referred to, a deduction from his sentence o f five days for each month of actual employment in said camp. SEC. 3. That all laws of the United States relating to the imprisonment, transfer, control, discipline, escape, release of, or in any way affecting prisoners, except as modified by this Act, shall be applicable to prisoners transferred to the camps herein authorized. SEC . 4 . That as part of the expense of operating such prison camps the Attorney General is hereby authorized and empowered to provide for the payment to the inmates or dependents upon inmates of prison camps herein authorized such pecuniary earnings as he may deem proper, under such rules and regulations as he may prescribe. SEC. 5 . Th at the expen se inc ident to the estab lishmen t, equ ipment , maint enanc e, an d op erati on of pri son c amps shall be payab le fr om the appropriation for support of United States prisoners, and such appropriation shall be reimbursed to the extent agreed upon by the Attorney General and the head of the department to which the appropriation for road building or such other public improvement incident to which the prison camp was established was made. Approved, February 26, 1929.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1370

 SEVENTIETH CONGRESS. SEss. II. CHs. 337, 338. 1929 . CHAP. 337 .-An Act To p rovi de for the appointment of one additio nal district judge for the Eastern and Western Districts of South Carolina. Be it enacted by the Senate and House of Rep rese ntat ives of the United States o f America in Congress assembled, That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, one additional district judge for the United States District Court for the Eastern and Western Districts of South Caro- lina, who shall, at the time of his appointment be a resident and a citizen of the State of South Carolina. Approved, February 26, 1929. CHAP. 338 .-An 'Act Authorizing Richard H. Klein, his heirs, legal repre- sentatives, and assigns, to construct, maintain, and operate a bridge across the Susquehanna River at or near the borough of Liverpool, Perry County, Pennsylvania. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That in order to promote interstate commerce, improve the postal service, and pro- vide for military and other purposes, Richard H. Klein, his heirs, legal representatives, and assigns, be, and he is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Susquehanna River, at a point suitable to the interests of navigation, at or near the borough of Liverpool, Perry County, Pennsylvania, in accordance with the provisions of the Act entitled "An Act to regulate the construction of brides ov er nav iga ble waters," approved March 23, 1906, and subject to' the conditions and limitations contained in this Act. SEc. 2. After the completion of such bridge, as determined by the Secretary of War, either the State of Pennsylvania, any political subdivision thereof within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary there- for, by purchase or by condemnation or expropriation, in accordance with the laws of such State governing the acquisition of private prop- erty for public pu rposes by cond emnation or e xpropriation. If at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property ; and (4) actual exp enditures for necessary im provements. SEc. 3 . If such bridge shall at any time be taken over or acquired by the State of Pennsylvania, or by any municipality or other politi- cal subdivision or public agency thereof, under the provisions of section 2 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its appproaches under economical man- age ment and to p rovide a sink ing fund suffi cient to amor tize the amo unt paid ther efor, includi ng reasonable interest and fi n a n c i n g cos t, as soon as possib le und er reas onable charge s, but within a peri od 1319 February 25, 1929. [H. R. 12811.] [Public, No. 823 .] South Carolina east- ern and western judi- cial districts. Additional judge au- thorized for. V01.36,p.1087, amended. U.S.Code,p.863. February 26, 1929. [H. R. 15849.] [Publ ic, No . 824.] Susq uehanna Rive r. Ri char d H. Kle in may bridge, at Liver. pool, Pa. Const ruction. Vol.34,p.84. Acquisition author- iz ed, a fter comp leti on, by Pennsylvania, etc. Cond emnation pr o- ceedings. Compensation, if ac- quired by condemna- tion. Limitations. Toll s under Stat e, etc ., operation. Rates applied to op- eration, sinking fund, etc.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1371

 1320 SEVENTI ETH CONGRESS. SEss. II. CFI. 338 . 1929 . Maintenance as free bridge, etc ., after amor- tizing costs, etc . Re cord of e xpen di- tures and receipts. Sworn statement of construction costs, etc ., to be filed after comple- t ion . Examination by Sec- retary of War. Fi nding s of Secr etar y conclusive. Right to sell, etc., conferred. Cons truction co n- tracts to be let by com- pe titiv e bi dding. Adv erti sing, etc. Cont racts void if made in violatio n of provi sions. Amen dment. of not to exceed fifteen years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so prov ided, such bridge shall thereafter be ma intained and oper- ated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repa iring, and operating the same, and of the daily tolls collected shall be kept and shall be avail- able for the information of all persons interested. SEC. 4 . The said Richard H. Klein, his heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the'Secretary of War and with the highway depart- ment of the State of Pennsylvania, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request of the highway depart- ment of the State of Pennsylvania shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and, shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation, the said Rich- a rd H. Klein, his heirs, legal representatives, and assigns, shall make available all of his records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promoti on of the bridge shall be conclusive for the purposes men- tioned in section 2 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to Richard H. Klein, his heirs, legal representatives, and assigns ; and any corporation to which or any person to whom such rights, pow ers, and privile ges may be sold, assigne d, or tr ansferre d, or wh o shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 6 . All contracts made in connection with the construction of the bridge authorized by this Act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such co ntracts shall be advertised for a reason able time in some ne wspaper of gener al circu lation p ublished in the State in which t he bridge is located and in the vicinity thereof ; sealed bids shall be re quired, and the contract s shall be award ed to th e lowest respons i- bl e bidder. V erified copies o f abstra cts of a ll bids received and of the bid or bids acce ted shall be promptly furnished to the highway department of the State in which such bridge is located. A failure to comply in good faith with the provisions of this section shall ren- der nul l and void any contract made in violatio n thereof, and the Secreta ry of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with. SEC. 7 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1372

 Be it enacted b y the Senate and House. of Representatives o f the United States o f America in Congress assembled, That the Act entitled "An Act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary projects, and for other purposes," approved June 28, 1926, be amended so as to read as follows "That the Secretary of the Interior be, and he is hereby, author- iz ed and direc ted to credi t the indivi dual wa ter-ri ght ap plican ts on the Yuma reclamation project and the purchasers of water rights on the Yuma Mesa auxiliary project, on the construction charges due under their contracts with the United States under the Reclamation Act and Acts amendatory thereof and supplementary thereto, with their proportionate part of all payments heretofore made or herein- after to be made by the Imperial irrigation district of California under contract entered into under date of October 23, 1918, between the said district and the Secretary of the Interior : Provided, That lands in the Yuma Indian Reservation for which water rights have been purchased shall share pro rata in the credits so to be applied Provided further, That where construction charges are paid in full said payments shall be credited on operation and maintenance charges assessed against the lands to which said payments would otherwise apply ." Approved, February 26, 1929 . Yuma irrigation proj- ect, Calif. Vol.44,p . 776, amend- ed. Credi ts fo r co nstru c- tion charges of pay- mentc by I mper ial i rri- gat ion di str ict . Provisos . Appli cabl e to Yuma Indian Reserv ation . Credit on operation and mainten ance, if construction charges paid in full. CHAP . 340 .-An Act To revise and reenact the Act entitled "An Act grant- February 26,1929. ing the consent of Congress for the construction of a bridge across the Saint [H . R. 16270 .1 John Riv er b etwe en F ort Kent, Mai ne, and Clai rs, Prov ince of New Bruns wick , Canada," approved March 18, 1924 . Be it enacted by the, Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Saint John River. Ma me and Canada Congress approved March 18, 1924, granting the consent of Congress may bridge, from Fort Kent, Me ., to Clairs, to the State of Maine and the Dominion of Canada to construct, New B run swi ck . maintain, and operate a bridge across the Saint John River at a Former Act revised . Vol.43,p.27. point suitable to the interests of navigation, between Fort Kent, Main e, and Clai re, Prov ince of New Bru nswi ck, Can ada, be, and the same is hereby, revived and reenacted : Provided, That this Act shall be nul l and void u nless the ac tual co nstruc tion o f said bridg e shall be commenced within one year and completed within three years from the date of approval hereof . SEC. 2 . The right to alter, amend, or repeal this Act is hereby expres sly re served. Approved, February 26, 1929. [Public, No. 526 .1 Proviso. Time of construction. Amendmen t. February 26, 1920. [II. R. 16306.1 CHAP. 341 .-An Act To extend the times for commencing and completing the construction of a bridge across t he Allegheny River a t Oil City, Venango [Public, No. 827.1 County, Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the times for Allegheny River. Tim e ext end ed for commencing and completing the construction of the bridge across bridgin g, at oil City, the Allegheny River at Oil City, county of Venango, State of Penn- Pa. nte, p. 114, amend- sylvania, authorized to be built by The Pennsylvania Railroad Corn- ed. pany, by the Act of Congress approved February 16, 1928, are hereby extended one and three years, respectively, from February 16, 1929. SEVENTIETH CONGRESS. SEss. II. CHs. 339-341 . 1929 . 1321 CHAP. 339 .-An Act To amend the Act entitled "An Act to authorize credit February 26, 1929. [H. R. 15918.1 upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary projects, and for other purposes ." _ [Public, No. 825.1

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1373

 1322 SEVENTIETH CONGRESS. SEss. II. CHs. 341-343 . 1929 . Amendment. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929. February 26,1929 . CHAP. 342 .-An Act To extend the times for commencing and completing [H. R. 16524.1 the construction of a bridge across the Potomac River at or near Dahlgren, [Public, No. 828.] Virgi nia. Be it enacted by the Senate and House o f Representatives o f the Po to mac River. United States o f America in Congress assembled, That the times for Time e xtended for bridging, at Dahigren, comme ncing and com pleting the co nstruction of a bridge acr oss the Va. Potomac River from a point in the vicinity of Dahlgren, in the north- eastern end of King George County, Virginia, to a point south of Popes Creek, Charles County, Maryland, authorized to be built by the George Washington-Wakefield Memorial Bridge, a corporation, its successors and assigns, by an Act of Congress approved May 5, 1926, Ante, p. 115, amend- heretofore extended by an Act of Congress approved February 16, ed. 1928, are hereby further extended one and three years, respectively, from February 16, 1929. Amendment. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929. February 26, 1929. CHAP. 343 .-An Act Authorizing E. T. Franks, his heirs, legal representa- [H. R. 16920.1	tives, and assigns, to construct, maintain, and operate a bridge across the Ohio [Public, No. 829 .1 River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana. Be it enacted by the Senate and House o f Representatives of the E . T. Franks . may E River . United States of America in, Congress assembled, That in order to bridge, from Owens - promote interstate commerce, improve the postal service, and provide boro,Ky., to Rockport, r for military and other purposes, E. T. Franks, his heirs, legal repre- sentatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point s uitable to th e inter ests of navig ation, approxi - mately midway between the cities of Owensboro, Kentucky, and Construct ion. Rockport, Indiana, in accordance with the provisions of the Act Vol. 34, p. 84. entitled "An Act to regulate the construction of bridges over navi- gable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Character of bridge. SEC. 2. E. T. Franks, his h eirs, l egal r epresen tatives , and assigns , is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public hi ghways, or as a combined ra ilroad and hi ghway bridge f or Right to acquire real estate,etc ., for location, all such purposes ; and there is hereby conferred upon the said E. T. approaches, etc. Franks, his heirs, legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy. possess, and use real estate and other property needed for the loca- tion, construction, operation, and maintenance of such bridge and its approache s as are posse ssed by railr oad corporati ons for railro ad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to Condemnat ion pro- the laws of such State, and the proceedings therefor shall be the same ceedings. as in the condemnation or expropriation of property for public purposes in such State.

�


text: Dictionary of National Biography, 1885-1900/Askew, Anne


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1374

 SEVENTIETH CONGRESS. SEss. II. Ca. 343. 1929 . SEC. 3 . After the completion of such bridge as determined by the Secretary of War, if the same is constructed as a highway bridge only, either the State of Kentucky, the State of Indiana, any public agency or political subdivision of either of such States, within or adjoi ning which an y part of such bridge is lo cated, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by con- demnation, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of ten years after the completion of such bridge the same is acquired by condem- nation or expropriation the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; (2) the actual cost of acquiring such interests in real property ; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such inter- ests in real property ; and (4) actual expenditures for necessary improvements. SEC. 4. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof or by either of them, as provided in section 3 of this Act and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management and to provide a sinking fund sufficient to amortize the amount paid therefor including reason- able interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall there- after be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and opera- tion of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repair- ing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons int ereste d. SEC. 5 . If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles then the right of pu rchase and co ndemnation con ferred by thi s Act shall a pply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways ; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge then the measure of damages or com- pensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fa ir cash value so determine d would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, 54835•-29-PT 1-87 1323 Acquisition a uth or- i zed as a highway bridge, after comple- tion, by Kentucky, Ind iana, etc. Compensation ifac. quired by cond emna . tion. Limitations. Tolls under State, etc., operation. R ates applied to operation, sinking fund, etc. Maintenance as free br idge, etc., after a morti zing cost s. R ecord of expe ndi- tures and receipts. Purchase or condem- nat ion of combined ra ilroad and h ighway bridge. Co mpensation for right of way. Maintenance of high- way bridge.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1375

 1324 SEVENTIETH C ONGRESS. SESS. II. CH. 343. 1929 . anima ls, o r veh icle s, sh all b e ma intai ned, opera ted, and kept in repair by the purch aser t hereof. Sworn stet•went of SEC. 6. E. T. Franks his heirs , legal representatives, and assigns, construction costs, etc ., , Ptebofiled after com- shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway departments of the States of Kentucky and Indiana a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property neces sary there for, and the a ctua l fin ancin g and pro motio n cos ts. r eta of Examination of War . by sec- The Secretary of War may, and at the requ est of the highway department of either of such States shall, at any time within three years after the completion of such bridge investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said E. T. Franks, his heirs, legal representatives, and assigns, shall make available all records in connection with the construction, financing, c onc lus ive Fin ives f secretary and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. Tolls authorized. SEC. 7. E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized and empowered to fix and charge just and rea sonable t olls for the passa ge of suc h bridge of pedest rians, an imals, and vehicles adapted to travel on public highways, and the rates Vol.34,p.85. so fixed shall be the legal rates until the Secretary of War shall contracts for use by prescribe other rates of toll as provided in the Act of March 23, 1906 ; railway lines, public utilities, etc and if said bridge is constructed as a railroad bridge, or a joint . railroad and highway bridge, as provided in this Act, the said E. T. Fra nks, his heirs, le gal repre sentative s, and as signs, is hereby a uthor- ized to fix by contract with any person or corporation desiring to use the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric Terms in absence of lig ht or power lines, or fo r any other such pu rpose, the t erms, con- contract. ditions, and rates of toll for such use ; but, in the absence of such contract, the terms and conditions and rates of toll for such use shall Vol.34,p.85. be determined by the Secretary of War as provided in said Act of March 23, 1906. confe red to sell, etc ., SEc. 8 . The right to sel l, ass ign, t ransfe r, and mortga ge all the rights, powers, and privileges conferred by this Act is hereby granted to the said E. T. Franks, his heirs, legal representatives, and assigns, and .any corporation to which or any person to whom such rights, powe rs, an d priv ileges may b e sold, assig ned, o r tran sferre d, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though Contracts for con. conferred herein directly upon such corporation or person. struction to be let to SEc. 9. All contracts made in connection with the construction of lowest bidder. the bridge authorized by this Act and which shall involve the expenditure of more than $5,000, shall be let by competitive bidding. Advertising, etc . Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof ; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway contracts void if de artments of the States in which such bride is located. A failure made in viol atio n of p g pr ovi sio ns. to comply in good faith with the provisions of this section shall

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1376

 SEVENTIETH CONGRESS. SESS. II. CHs. 343, 344, 351 . 1929 . 1325 rend er nul l and void a ny con tract made in viola tion t hereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with. SEC. 10. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 26, 1929. Amendme nt. 26, CHAP. 344 .-Joint Resolution Providing for an investigation of Francis A. February9 . g [H.J. Res . 425 . ] Winslow, United States district judge for the southern district of New York. [Pub. Res., No.93.] Whereas certain statements against Francis A. Wi ns lo w, U ni te d ` Judge Francis A. States district judge for the southern district of New York, have Preamble. been transmitted by the Speaker of the House of Representatives to the Judiciary Committee : Therefore be it Reso lved by the Senate and House of Representatives of the Subcommittee of Ju- United States o f America in Congress assembled, That Leonidas C. diciar y committee of Dyer, Charles A. Christopherson, Andrew J. Hickey, George R. aosset of;gepreenn ta- Stobbs, Hatton W. Sumners, Andrew J. Montague, and Fred H. official conduct of. Dom inick, be ing a subc ommi ttee of th e Com mitt ee on the Judi ciary of t he Hou se of Repres entati ves, b e, and they a re her eby, a uthori zed and directed to inquire into the official conduct of Francis A. Wins- low, United States district judge for the southern district of New York, and to report to the Committee on the Judiciary of the House Report whether be- whether in their opinion the said Francis A. Winslow has been guilty ""'d to be g uilty of of any acts which in contemplation of the Constitution are high act`s of high crimes, etc. crimes or misdemeanors requiring the interposition of the consti- tutional powers of the House; and that the said special commi ttee Powers of special s com mitt ee. have power to hold meetings in the city of Washington, District of Columbia, and elsewhere, and to send for persons and papers, to administer the customary oaths to witnesses, all process to be signed by the Clerk of the house of Representatives under its seal and be served by the Sergeant at Arms of the House or his special mes- senger; to sit during the sessions of the House until adjournment sine die of the Seventieth Congrgess and thereafter until said inquiry is completed, and report to the Committee on the Judiciary of the House of the Seventy-first Congress. E mp lo yment of sten- SEC. 2. That said special committee be, and the same is hereby, ographic, etc., assist- authorized to employ such stenographic, clerical, and other assistance ance. as they may deem necessary, and all expenses incurred by said special committee, including the expenses of such committee when sitting in or outside the District of Columbia, shall be paid out of the contingent fund of the House of Representatives on vouchers ordered by said committee, signed by the chairman of said committee Provided, however, That the total expenditures authorized by this Limii• ' of exp end i- resolution shall not exceed the sum of $5,000. tures. Approved, February 26, 1929. February 27, 1929. CHAP. 351 .-An Act To authorize the Secretary of War to grant to the city 	[H. R. 14924 .] of Salt Lake, Utah, a portion of the Fort Douglas Military Reservation, Utah, [Public, No. 830.] for street purposes. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secretary taFort Douglas Mill- of War be, and he is hereby, authorized and directed to grant and salt Lake Cit y, convey to the city of Salt Lake, a municipal corporation of the State Utah, granted of Utah, for street purposes, the land within the extension of Fifth South Street on the Fort Douglas Military Reservation, Utah, more

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1377

 1326 Description. Provisos . No Federal expense incurred. Reversion for non- user. February 27, 1929. [S. 3936 .]	[Public, No. 831 .] Healing Arts Prac- tice Act, D. C., 1928. Meanings assigned to terms. "Disease ." "The healing art ." Proviso. Exclusions. Dentistry. Vol. 43, p. 599. Podiatry. Vol. 40, p. 560. Optometry. Vol. 43, p. 177. Pharmacy. Vol. 34, p. 175; Vol; 44, p.1413. N ursing. Vol. 34, p. 887. "T o prac tice ." SEVENTIETH CONGRESS. SESS. II. CHs. 351, 352. 1929. particularly described as follows, to wit , Beginning at the inter- section of the north line of Fifth South Street produced and the west line of Fort Douglas United States Military Reservation, said point being three hundred and ninety-one and forty-eight hundredths feet east and sixty-three and thirty-seven hundredths feet north of the city monument at the intersection of Thirteenth East and Fifth South Streets, thence east one thousand three hundred and twenty feet, thence south one hundred and thirt y-one and one hun- dred feet, thence west one thousand three hundred and twenty feet, th ence n orth on e hundr ed and thirty -one an d one hundred th feet to plac e of beginning : Prov ided, That the city of Salt Lake shall construct and maintain a street thereon, without expense to the United States : And provided further, That wh en said land shall cease to be used and maintained as a street it shall revert back to the United States and the instrument of conveyance shall recite such reversionary condition. Approved, February 27, 1929. CHAP. 352 .-An Act To regulate the practice of the healing art to protect the public health in the District of Columbia. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That for the p urr pose of this Act the following words and phrases have the meanings assigned to them, respectively, except where the context otherwise re quires : (a) "Disease" means any blemish, defect, deformity, infirmity, disorder, disease or injury of the human body or mind, and preg- nancy, and the effects of any of them. (b) "The healing art" means the art of detecting or attempting to detect the presence of any disease ; of determining or attempting to determine the nature and state of any disease, if present ; of pre- venting, relieving, correcting, or curing, or of attempting to prevent, relieve, correct, or cure any disease ; of safeguarding or attempting to safeguard the life of any woman and infant through pregnancy and parturition ; and of doing or attempting to do any of the acts enumerated above : Provided, That for the purposes of this Act the term " the healing art " does not include- (1) Dentistry as defined in an Act entitled "An Act for the regu- lation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto," approved June 6, 1892, as amended by Acts approved June 7, 1924, and March 4, 1927 ; nor (2) Podiatry as defined in an Act entitled "An Act to regulate the practice of podiatry in the District of Columbia," approved May 23, 1918 ; nor (3) Optometry as defined in an Act entitled "An Act to regulate the prac tice of opto metr y in the Dis tric t of Col umbi a," appr oved May 28, 1924 ; nor (4) Pharmacy as defined in an Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for ot her purposes," approv ed May 7, 1906, as amended by an Act approved March 4, 1924 ; nor (5) Nursing as defined in an Act entitled "An Act to define the term `registered nurse' and to provide for the registration of nurses in the District of Columbia," approved February 9, 1907. (c) "To practice" means to do or to attempt to do, or to hold one- self out or to allow oneself to be held out as ready to do, any act enumerated in subsection (b) of this section as constituting a part

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1378

 SEVENTIETH C ONGRESS. SESS. II. CH. 352. 1929 . 1327 of the healing art, for a fee, gift, or reward, or in anticipation of any fee, gift, or reward, whether tangible or intangible. (d) " Commission " means the commission on licensure to practice the healing art, created by this Act. (e) " Board " means a board of examiners created by this Act. (f) "Drugless healing" means any system of healing that does not resort to the use of drugs, medicine, or operative surgery for the prevention, relief, or cure of any disease. (g) " School " means any school, college, or university. SEC. 2 . No person shall practice the healing art in the District of Columbia who is not (a) licensed so to do, or (b) if exempted from licensur e under s ections 4 2 or 43 o f this A ct, then duly regi stered. SEC. 3 . No person shall practice the healing art in the District of Columbia otherwise than in accordance with the terms of his license or of his registration, as the case may be. SEC. 4. There is hereby created a commission on licensure to prac- tice the healing art in the District of Columbia, consisting of the presid ent of the B oard o f Comm ission ers of the Di strict of Co lumbia , the United States Commissioner of Education, the United States district attorney for the District of Columbia, the superintendent of public schools of the District of Columbia, and the health officer of the District of Columbia, each ex officio. The commission shall elect a president and a vice president. The health officer shall be the secretary and treasurer of the commission. The commission shall make and from time to time may alter such rules as it deems necessary for the conduct of its business, and for the execution and enforcement of the provisions of this Act. It shall adopt a common seal, and from time to time alter the same as to it seems proper. The courts shall take judicial notice of such seal. SEC. 5. The commission shall establish minimum standards of preprofessional and professional education in the healing art and may establish minimum standards for hospitals for interne training. It may determine whether preprofessional and professional schools, Record of standards and wh ether hospit als, a ttain such s tandard s. It s hall k eep a record of schools, etc .,tobe of its inves tigati ons an d dete rminat ions wi th res pect t o all school s kept. and hospitals and shall approve and enter in a proper register every school and e very h ospita l atta ining the pre scribe d stan dard o r whic h had attained such standard during its existence. The commission may redetermine from time to time the standing of any school or hospital and may revise its register accordingly. The commission shall give no credit for any certificate, diploma, or degree emanating from any school, and it may refuse to give any credit for any cer- tifica te or diplom a eman ating from a ny hosp ital, not du ly reg istere d as provided by this Act : Provided, That this requirement as to registration shall not apply in the case of persons applying for license on years of practice under the provisions of section 24 of this Act. Considera tion of ap- SEC. 6 . The commission shall receive, number consecutively, and plications for license record all applications presented in due form for licenses and for and registration, registration ; but such applications may be classified according to their respective purposes, and numbered consecutively and regis- Issue by virtue of tered according to the several classes thus established. If the outstanding license to commission finds that an applicant is entitled to a license by virtue practice, etc' of an outstanding license to practice medicine and surgery in the District of Columbia or by virtue of years of practice, under the provisio ns of sec tion 24 o f this Ac t, or by virtue o f recipro city, und er the provisions of section 25, it shall issue to him a license accord- Examination subject ingly. If the commission finds that an applicant has submitted to determi nation of pro - satisfactory proof of age, moral character, preprofessional educa- fessional fitness. tion, profes sional educa tion, and, i f requi red by the c ommiss ion, o f " Commission ." "Board." "Drugless healing ." "Sc hool ." Practice without li- cense, or exempt, for. bidden. Post, p. 1339. Prac tice otherwi se than in accordance with terms thereof for. bidden . Commissio n on licen- sure crea ted. Composition. Officers. Rules to be adopted . Seal. General powers . Registration. Proviso. Cases not applicable. Post, p. 1334.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1379

 1328 SEVENTIETH CONGRESS. SEss. II. Ca. 352. 1929 . hospital training, but must be subjected to an examination to Onstfp .lassn favorable report determine his professional fitness, under section 26, it shall certify of exam inin g board, him to the proper examining board for that purpose ; and upon license to issue . receipt of a report from any such board, satisfactory to the commis- sion, showing that the applicant has passed such an examination, the commission, being of the opinion that the applicant is in all other respects legally qualified, shall issue to him a license to prac tice the heali ng art in the manner descri bed in his ap plication and as authorized by law, in whatever class the commission shall find him officers an d employ- quali fied to so pr actice. ees authorized. SEC. 7. The commission may (a) appoint, suspend, and remove such examiners, counsel, clerks, inspectors, and other officers and contracts for near' ters. employees as may be authorized by law ; (b) enter into contracts for the use and occupancy of such quarters as may be necessary for its purposes ; but the Commissioners of the District of Columbia are hereby authorized to furnish such quarters without cost to the commission if the necessary space is available in any building under Purc hase of s uppli es_ their control ; and (c) buy such supplies as may be necessary for its Indebt' work and for the execut ion and enfor cement of thi s Act : P rovi ded, That the commission incurs no indebtedness in excess of money Boards of examiners actually available. to be appointed. SEC. 8 . The commission shall appoint boards of examiners as fol- lows : (a) A board of examiners in the basic sciences ; (b) a board of examiners in medicine and osteopathy ; (c) a board of examiners in chiropractic ; and (d) a board of examiners in naturopathy. The commission shall appoint (e) a board of examiners in midwifery ; Membership. and (f) s uch other boar ds of examine rs in drugles s healing as a re necessary under the provisions of this Act. The board of examiners in the basic sciences, and the board of examiners in medicine and osteopathy, shall each consist of five members. Boards of examiners in midwifery and boards o f examiners i n drugless hea ling may con- Terms. sist of three to five members, as the commission deems proper. No examiner shall be appointed for a term longer than five years, and all appointments shall be made so that the term of one member of each board s hall expire o n the 31st da y of December of each year. Citiz enshi p an d res i- The commission shall appoint no person as a member of any such dence required. board who is not a citizen of the United States and who has not been a resident of the District of Columbia for at least three years Gover nmen t em ploy- immediately preceding his appointment. The commission may ees eligible. appoint as mem bers of such boards persons employed in the service of the Federal Government and of the government of the District of Col umbia ; a nd persons so employed may accept such a ppointment and may rece ive such comp ensation for their services as examiners as may be provided by law and by the regulations of the commission. A member of any board is not debarred by such membership from employment under the Federal Government or the government of the District of Columbia, not inconsistent with the discharge of his Duties, etc., of exam. duties as a member of such board. fining boards. SEC. 9. Each examining board shall elect a chairman and a secre- tary and may make such rules regarding the discharge of its duties as the commission may approve. Each board shall conduct examina- tions and make reports as r equired by law and by the r ules of the commis sion. Board of examiners SEC. 10 . The commission shall appoint the several members of the in basic sciences. board of examiners in the basic sciences so that there will be on said Qualifications, board at all times one or mor e memb ers ca pable of de termin ing whether applic ants have or have not a suf ficient knowl edge of the sciences of anatomy, physiology, chemistry, bacteriology, and pathol- ogy to enabl e such appl icants to un dersta nd an d to apply such sciences in the study and practice of the healing art. No member

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1380

 SEVENTI ETH C ONGRESS. SEss. II. CH. 352. 1929 . 1329 of the boar d of exami ners in the b asic sc iences shall teach o r pract ice the healing art while serving in that capacity. SE C. 11. The commission shall refer to the board of examiners in tenses s App lica nts to be referred for t to the b asic sc iences every applica nt for a lice nse to practi ce the healing a omin ae srst i basi c o art in the District of Columbia, except those entitled to licenses by apply the sciences to virtue of licenses to practice medicine and surgery in the District of P the ersons excepted. Columbia outstanding at the time of the approval of this Act, or by virtue of years of practice of osteopathy or some form of drugless healing in the District of Columbia at that time, for determination of the applicant's ability to understand and to apply the sciences of anatomy, physiology, chemistry, bacteriology, and pathology to the Board not to kn ow study and practice of the healing art. The commission shall refer method of practice of such applicants so that the board of examiners in the basic sciences applicant. and any member of that board shall not know the method of practice the appli cant has studi ed or the met hod of practi ce he intends to Acceptance, in lieu of follow. The board of examiners in the basic sciences may examine examination, proof of any applicant referred to it, but it may accept in lieu of examination priorexaminations,etcr proof that the applicant has passed, before a board of examiners in the basic sciences, by whatsoever na me it may be known, or befo re any examining or licensing board in the healing art as that art is hereinbefore defined, of any State, Territory, or other jurisdiction under the United States, or of any foreign country, an examination in anatomy, physiology, chemistry, bacteriology, and pathology, as comprehensive and as exhaustive as that required in the District of Report of findings. Columbia under authority of this Act. The board of examiners in If qua lifie d m the the basic sciences shall report its findings to the commission. An sciences, to be certified b to examiners in medi- applicant who is reported by the board as qualified in the sciences of cine, etc., to d eter mine anatomy, physiology, chemistry, bacteriology, and pathology, but professional fitness. who is not entitled to a license to practice the healing art, without examina tion, shall b e certified by the commissi on to the boa rd of examiners in medicine and osteopathy, or a board of examiners in drugless healing, as the case may be, for determination of his pro- fessional fitness. An applicant who is reported by the board as License without ex- amination by reciproc- qualified in said sciences and who is entitled to a license by reciproc- ity. ity, without examination, shall thereupon be given such a license. The commission shall issue no license to practice the healing art to No license to person not reported by exam- any person who has not been reported by the board of examiners in inersin basicsciencesas the basic sciences as qualified in the sciences of anatomy, physiology, qualified therein. chemistry, bacteriology, and pathology, except to such persons as are entitled to licenses by virtue of licenses to practice medicine and Exceptions. surgery in the District of Columbia outstanding at the time of the approval of this Act and by virtue of years of practice of osteopathy or some form of drugless healing in said district prior to approval of this Act, and except to applicants for licenses to practice midwifery. Board of examiners in SEC. 12 . The commission shall appoint as members of the board medicine and osteop- of examiners in medicine and osteopathy persons who have been athy . Qualification re- graduated with the degree of doctor of medicine, doctor of osteop- quire d. athy, or some equi valent degree by a school r egistered und er this Act and who have taught or practiced, or taught and practiced, medi- cin e and surgery or ost eopath y for n ot less than five co nsecuti ve yea rs, the last three of which, at least, immediately preceding their respec- tive ap pointments, h ave been in th e District of Columbia. The board of examiners in medicine a nd osteopathy shall be com- posed of four practitioners of medicine and surgery, one of whom shall be an adhere nt of the home opathic schoo l, and an ost eopath. The degrees doctor of medicine and doctor of osteopathy shall be accorded the same rights and privileges under governmental regula- E xamin atio ns. tions. They sh all examine i nto the qualif ications of a ll persons referred to them who desire to practice medicine and osteopathy. Identical questions The questions pr opounded to s uch applicants shall be ide ntical i nt o be propoun ded.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1381

 1330 SEVENTIETH C ONGRESS. SEss. II. CH. 352 . 1929 . every respect ; with the exception of questions in the practice of medicine and practice of osteopathy which shall be propounded to applican ts of th ese resp ective sc hools on ly, as t he case may be, and the replies shall be examined and graded by the member or members of the board representing such schools of practice. Certi ficat e of appl i- The board of e xaminers in medicine and osteopathy shal l certify cants found qualified. t o the commission applicants whom the y have found qualified to be licensed to practice medicine and surgery, or osteopathy and surgery, as the case may be. Applicants who do SEC. 13 . The commission shall refer to the board of examiners in not intend to limit practice to some drug- medicine and osteopathy every applicant for a license to practice the less method, to be re- healing art who does not intend and in his application agree to ferred to examiners in me dicine and o steop- limit his practice to some named drugless method of healing and athy . Proviso. who is not entitled to a license without examination : Provided, That No applicant to be no applicant shall be certified to the board of examiners in medicine referred, if not reported by examiners in basic and osteopathy for examination who has not been reported by the scie nces, quali fied therein. board of examiners in the basic sciences as qualified in the sciences . of anat omy, physiology, chemistry, bacteriology, and pathology. Drugless healing. SEC. 14. On petition of five or more adherents of any drugless on petition, t boa commis- sion to appoint board, d, method of healing, the commission shall appoint a board of examin- to determine fitness of ers to determine the fitness of applicants for licenses to practice the applicants for licenses . healing art in the District of Columbia according to that method. Every such petitioner, at the time of signing the petition, shall have practiced the healing art in some manner, not necessarily in the ma nner des cribed i n the pe tition, for not less tha n five c onsecuti ve Requisites of petition. years imme diately precedin g, in th e Distri ct of Co lumbia. The peti- ti on shall define the meth od of he aling fo r which an exami ning boa rd is desired, so as clearly to differentiate that method from the unre- Information to be stricted practice of the healing art. The petition shall show as given. nearly as may be the number of schools teaching the method of hea ling des cribed i n it, an d shall show the nature and exte nt of th e facilities available for the education and training of practitioners of that method. It shall supply such other information as the com- Petitioners to swear mission may designate. The petition shall be sworn to by each of thereto. the petitioners to the best of his knowledge and belief. Examining boards to Upon the filing of proper petition for the appointment of an be appointed by corn- mission. examining boar d to determine the qualifications of app licants for licenses to practice according to the method of healing defined in the petition, the commission shall by resolution provide for the appoint- ment of such a board and define exactly the method of practice to be Appointments fr om covered by it and to be pursued by applicants licensed after examina- time to time to exam- tion by it. After the adoption of any such resolution the commis- ine app licants. lion shall from time to time appoint boards to examine such appli- cants as may a pply for licenses to practice the method of healing Qualifications of defined in such resolution. The commis sion sh all app oint a s mem- members. bers of any such board persons of good repute who have been gradu- ated with some degree appropriate to the method of practice that the appointe e has fo llowed or intends to foll ow, by s ome scho ol reg- istered under this Act, and who have somewhere taught or practiced, or taught and practiced, the method of healing defined in the reso- lution for not less than five years immediately preceding their re- spective appointments, under authority of licenses empowering them Preferences. so to do. In maki ng such appoi ntments, howev er, th e commi ssion shall give preferenc e, when circumstances permit and other th ings are equal, to person s who have taught or practiced, or taught and practiced, the heali ng art according to the method defined in the resolution, in the District of Columbia, under licenses authorizing them so to do, for not less than three years immediately preceding

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/1382

 SEVENTIETH CONGRESS. SEss. II. Cu. 352. 1929 . 1331 their respective appointments : Provided, That any adherent of a method of healing for which the commission has provided a board of examiners, who has been graduated with an appropriate degree by some school representative of that method, who has practiced according to that system in the Distri ct of Columbia for not less than five co nsecutive yea rs immediatel y preceding th e approval of this Act, and who is entitled to a license, without examination, by virtue of the provisions of section 24 of this Act, is eligible for appointment as a member of that board. SEC. 1 5 . The c ommission sha ll refer to th e appropriate board of examiners in drugless healing every applicant for a license to practice the healing art according to any method of drugless healing defined by the commission, who intends and in his application agrees to limit his practice to the system so defined, for determination of the applicant's fitness so to practice, and who is not entitled to a license to practice without examination : Provided, That no applicant shall be certified to any board of examiners in drugless healing who has not been reported by the board of examiners in the basic sciences as qualified in the sciences of anatomy, physiology, chemistry, bacte- riology, and pathology. S EC. 16 . The commission may appoint, from time to time, as it deems expedien t, a board of examiners in midwifery, co nsisting of not less than three and not more than five persons, who have prac- ticed the healing art in the District of Columbia for not less than three years im mediately pre ceding their respective app ointments, under authority of licenses authorizing them so to practice. Ap point- ments to such boards shall be made for such terms as the commission deems proper. The commission may abolish any such board at any time. SEC. 17. The commission shall refer to a board of examiners in midwifery ever y applicant f or a license to practice mi dwifery who intends and in her application agrees to limit her practice to the care of women during normal pregnancy and parturition, in so far as the licentiate is able to deter mine whether pregnancy and parturition are normal in any particular case, for determination of the appli- cant's fitness so to practice, and who is not entitled to a license by virtue of an outstanding license to practice midwifery in the District of Columbia in force at the date of the approval of this Act. SE C. 18. Examinations shall be held by the board of examiners in Exami-tions by the boards. medicine and osteopathy, the boards of examiners in drugless healing, Regular ter ms. and the board of examiners in midwifery, beginning on the second Monday in January and July of each year and at such other times as the commission may by rule or by special order determine. Examinations s hall be held by the board of examiners i n the basic sciences at such times as the commission may by rule or by special order determine, having due relation to the dates of the examinations hel d by the boar d of examiner s in medicine and osteopath y and the boards of examiners in drugless healing. The commission shall Publication of no- publish notice of the time and lace of each examination and of other tiees. pertinent information concerning it, not less than thirty days before the first day of each such examination, in one or more newspapers of local circulation and, except in so far as relates to examinations for licenses to practice midwifery, in one or more medical or osteopathic journals of national circulation ; and if there be any board or boards of examiners in drugless healing, then in a journal or journals, if there be any, of national circulation, representing a method or methods of healing corresponding to the method or methods repre- sented by such board or boards. Proviso. Elig ibil ity o f gr adu- ates of representative school, and practiced i n the District five year s. Applicants agreeing to l imit prac tice to drugless healing meth- od, to be referred to ex- aminers . Proviso. No applicant to be refe rred, if n ot re port ed by examiners in basic sciences as qualified therein. Boards of examiners in midwifery to be ap- pointed fr om time to ti me. Applicants to prac- tice midwi fery to be referred to board .

�