text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/466

 SEVENTIETH CONGRESS. SEss. T. CHs. 338-340 . 1928 . 415 CHAP. 338 .-An Act To add certain lands to the Idaho National For es t, Idaho. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the following dscribed areas be, and the same are hereby, included in and made a part of the Idaho National Forest, subject to all pr ior adver se rights ; and th e said lands shall herea fter b e subje ct to all la ws aff ecting national forests : All of the eastern two-thirds of townships 24 and 25 north, range 4 east, all of townships 24 north, ranges 5 and 6 east, except sections 7 to 10 inclusive, 15 to 22 inclusive, and 27 to 34 inclusive of township 24 north, range 5 east, and all of townships 25 nor th, ra nges'5 and 6 east, which are no t alre ady em braced in th e Nezperce National Forest ; all Boise meridian. Approved, April 10, 1928. National Forests, Idaho. April 10, 1928. [H. R. 142) [Public, No. 251 .] Idaho Nat ional Forest . Lands added to. Descr ipti on . April 10, 1928 . CHAP . 339 .-An Act To add certain lands to the Challis and Sawtooth 	[H. 8 .144 .] [Pu blic, No . 252 .] Be it enacted by the Senate and House o f Representatives o f the Challis and Saw- United States of America in Congress assembled, That subject to any tooth National Forests, valid existing claim or entry, all lands of the United States within IdLands added to. the areas hereafter described be, and the same are hereby, added to Vol.42,p.465. and made parts of the Challis and Sawtooth National Forests, Idaho, to be hereafter administered under the laws and regulations relating to the national forests ; and the provisions of the Act approved March 20, 1922 (Forty-second Statutes, page 465), as amended, are hereby extended and made applicable to all other lands within said described areas West half section 6, west half section 8, west half section 17, west Description. half section 20, township 8 north, range 14 east, Boise meridian ; sections 1, 12, 13, 24, and 25, township 9 north, range 13 east, Boise meri dia n ; west half sec tion 7, w est half section 1 8, west h alf secti on 19, west half section 30, west half section 31, township 9 north, range 14 east, Boise meridian ; sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, and 24, township 10 north, range 12 east (unsurveyed), Boise meridian ; section 1, east half section 2, west half section 6, section 7, east half section 11, sections 12, 13, 14, 18, and 19, west half northwest quarter, and south half section 20, south half southwest quarter, south half southeast quarter section 21, sections 23, 24, 25, and 26, south half northeast quarter, northwest quarter, south half section 27, sections 28, 29, 35, and 36, township 10 north, range 13 east, Boise meridian ; lot 2 section 25, lots 4 and 5, northeast quarter southeast quarter, south half southe ast qu arter sectio n 35, l ots 1, 4, an d 5, n orthea st quarter northeast quarter, south half northeast quarter, south half section 36, township 11 north, range 13 east, Boise meridian ; lots 5, 6, 8, 12, and 13, south half southeast quarter section 30, lots 1, 2, 3, and 4, east half northwest quarter, east half southwest quarter, east half section 31, township 11 north, range 14 east, Boise meridian. Approved, April 10, 1928. CHAP. 340 .-An Act To provide for addition of certain land to the Challis [H. April R . 10, 1928. 6056 .] Nati onal Fores t. [Public, No .253.] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the follow- Chal lis Natio nal For- ing-described lands are hereby added to the Challis National Forest, st, I Lauds dded to . Idaho, subject to any valid existing claim or entry, and made subject to all laws made applicable to national forests

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/467

 416 SEVENTIETH CONGRESS. SESS. I. CHs. 340, 341 . 1928. D escri ptio n. All unreserved lands lying south of Salmon River in townships 10 and 11 north, range 16 east, Boise meridian. Township 10 north, range 17 east, Boise meridian : Sections 1, 2, 3, 4, 5, 6, 10, 11, 12, 15, and 22 ; west half section 23 ; sections 26, 27, and 34 ; west half section 35. Township 10 north, range 18 east, Boise meridian : So ut h ha lf section 4 ; sections 5, 6, 7, 8, 9, and 10 ; west half section 15 ; sections 16,17,18, 20,and21. Township 9 north, range 17 east, Boise meridian : Sections 3, 17, 20 ; south half section 23 ; sections 24, 25, and 26 ; east half section 27 ; sections 29, 32, 33, 34, 35, .and 36. Township 9 north, range 18 east, Boise meridian : Sections 17 to 36, inclusive. Township 9 north, range 19 east, Boise meridian : Sections 21, and 28 to 33, inclusive. Township 8 north, range 17 east, Boise meridian : Sections 4, 5, 8, and 9. Township 8 north, range 18 east, Boise meridian : Sections 1 to 5, inclusive. Township 8 north, range 19 east, Boise meridian : Section 6. Approved, April 10, 1928. Apr il 10, 19 28, [H. R CHAP. 341 .-An Act Granting the consent of Congress to the highway [Public, No. 254.1 department of the State of Tennessee to construct, maintain, and operate a bridge across the Cumberland River on the projected State highway between Leb anon and Hartsvi lle and Gallatin near Hunters Po int, in Wilson a nd Trous- dale Counties, Tennessee. Be it enacted b y the Senate and House o f Representatives o f the Te l ana River. United States of America in Congress assembled, That the consent essee may bridge, in Wilson and of Congress is hereby granted to the highway department of the Trousdale Counties. State o f Tenn essee to con struct, main tain, a nd ope rate a bridg e and approaches thereto across the Cumberland River at a point suitable to the interests of navigation, on the projected State highway between Lebanon and Hartsville and Gallatin near Hunters Point in Wilson and Trousdale Counties, in the State of Tennessee, in Construction, accordance with the provisions of the Act entitled "An Act to regu- Vol.34,p.84. late the construction of bridges over navigable waters," approved March 23, 1906 and subject to the conditions and limitations con- tained in this let. Rates of toll applied to operation, sinking SEC. 2 . If tolls are charged for the use of such bridge, the rates of fund, etc ° toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide - sinking fund which, together with the sinking fund created from the tolls from other bridges authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this Act, shall be sufficient to amortize the bonds issued under such Act, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the com- Maintenance as free pletion thereof. After a sinking fund sufficient for such amortiza- bridge, etc ., after amor- . tilin g costs, etc. tion shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall there- after be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the tures and of re cei pts . i- bri dge a nd i ts ap proac hes under econ omic al ma nagem ent. An accu- rate record of thcosts of the bridge and its approaches, the expendi- tures for maintaining, repairing, and operating the same, and of

�

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


text: 1911 Encyclopædia Britannica/Habdala

title: 1911 Encyclopædia Britannica/Habdala


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/468

 SEVENTIETH CONGRESS. SESS. I. CHs. 341-343 . 1928 . 417 the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 3 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 10, 1928. Amend ment. April 10, 1928. CHAP. 342 .-An Act To provide for the conveyance of certain lands in the 	[H. R. 9144 .] State of Wisconsin for State park purposes. [Public, No. 255 .] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secre- Public lands. Conveyed to w is- tary of War be, and he is hereby, authorized and directed, upon pay- cousin fo r a state park. ment of $1 .25 per acre, to transfe r and co nvey to the State of Wis- consin the following described tracts of land, to wit : Fractional Description. section 25, township 28 north, range 25 east of the fourth principal meridian, fifty-five and four-tenths acres ; fractional section 26 in said township and range, five hundred and seventy-eight and three- tenths acres ; fractional section 36 in said township and range, four hundred and twelve and four-tenths acres, all in the State of Wis- consin, the same to be held and made available permanently by said St ate as a State park under such rules and regulations as may be necessary and proper for use thereof by the public : P rovide d, That Provisos. 3v the Secretary of War may enter upon and utilize for the purpose of tainedern ment uses re obt ainin g ston e for river and harbo r work, and other uses of the department any area within said park which he may determine to be necessary for such purpose : Provided further, That should the State Reversion for non- of Wisconsin fail to keep and hold the said land for park purposes or user, devote it to any use inconsistent with said purposes, then title to said land shall revert to and be reinstated in the United States. Approved, Apr il 10, 1928. CHAP. 343 .-An Act Granting the consent of Congress to the highway April 10, 1928. department of the State of Tennessee to construct, maintain, and operate a [Public, .2 ]	bridge across the Tennessee River, on the Jasper-Chattanooga Road in Marion [Pblic, o 256.] County, Tennessee. Be it enacted by the Senate and House o f Representatives o f the United States o America in Congress assembled That the consent Tennessee River. f Tennes see may of Con gress is hereby granted to the h ighway d epartmen t of the State bridge, in Marion of Tenn esse e to con stru ct, main tain , and op erat e a bri dge and county , approaches thereto across the Tennessee River, at a point suitable to the interests of navigation, on the Jasper-Chattanooga Road, in Marion County, Tennessee, in accordance with the provisions of an Vol.34,P . 84. Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the con- diti ons and limitati ons cont ained in this Ac t. SEC. 2. If tolls are charged for the use of such bridge, the rates of Rate s of toll app lied to operation, sinking toll shall be so adjusted as to provide a fund sufficient to pay the fund, etc . reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund which, together with the sinking fund created from the tolls from other bridges authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this Act, shall be sufficient to amortize the bonds issued under such Act, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the comple- Maintenance as fr ee tion thereof. After a sinking fund sufficient for such amortization bridge, etc ., after amor- shall ha ve b een so provided, such bridge shall thereafter be tizing costs, etc'

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/469

 418 SEVENTIETH CONGRESS. SESS. I. Cris. 343-345 . 1928 . Record of expendi- tures and receipts . Amendme nt. April 10, 1928. [H. R.9197.] CHAP. 344 .-An Act Granting the consent of Congress to the Highway [Public, No. 257 .] Department of the State of Tennessee to construct, maintain, and operate a bridge across the Tennessee River on the Knoxville-Maryville Road in Knox County, Tennessee. Be it enacted by the Senate and House of Representatives of the Tennessee River. T e nnessee msy United States of America in Congress assembled, That the consent bri dge , , in Tenn . Knox Cou nty of Congress is hereby granted to the Highway Department of the State of Tennessee to construct, maintain, and operate a bridge and appro aches theret o acro ss the Tenne ssee Ri ver at a poi nt sui table to the interests of navigation, on the Knoxville-Maryville Road in Construction. Knox County, in the State of Tennessee, in accordance with the pro- Vol.34,p.84. visions of the Act entitled "An Act to regulate the construction of Tolls applied to oper . bridges over navigable waters," approved March 23, 1906, and sub- ation,sinki ngfund,etc. jest to the conditions and limitations contained in this Act. SEC. 2 . If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reas onabl e cos t of main taini ng, r epai ring, and oper ating the bridge and its approaches under economical management, and to provide a sinking fund which, together with the sinking fund created from the tolls from other bridges authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this Act, shall be sufficient to amortize the bonds issued under such Act, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from Maintenance as free the comp letio n the reof. Af ter a sink ing f und suffi cient for such bridge, etc., after amor- el tiling costs, etc. 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 oper- Record of expendi- ation of the bridge and its approaches under economical manage- tures and rece ipts . ment. An accurate record of the costs of the bridge and its approaches, the expenditures for maintaining, repairing, and oper- ating the same, and of the daily tolls collected shall be kept and Amendment. shall be available for the information of all persons interested. SEC. 3 . That the right to alter, amend, or repeal this Act is hereby expres sly re served. Approved, April 10, 1928. April 19, 1928. [H. R. 9198.] [Public, No. 258.] Tennessee River. 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 operation of the bridge and its approaches under economical management. An accurate record of the costs of the bridge and its approaches, the expe nditur es for maint aining, repa iring, and op eratin g 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, April 10, 1928. CHAP. 345 .-An Act Granting the consent of Congress to the Highway Department of the State of Tennessee to construct, maintain, and operate a bridge across the Tennessee River on the Paris-Dover Road in Henry and Stewart Counties, Tennessee. Be it enacted by the Senate and House of Representatives of the Unit ed St ates of Am eric a in Congr ess assem bled, That the conse nt of Congress is hereby g ranted to the Highway Department of the

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/470

 SEVENTIETH CONGRESS. SESS. I. CHs. 345, 346 . 1928 . 419 State of Tennessee to construct maintain, and operate a bride and Tenne ssee m a y 9 g bridge, in Henry a nd approaches thereto across the Tennessee River at a point suitable to Stewart Counties. the interests of navigation, on the Paris-Dover Road in Henry and Stewart Counties, in the State of Tennessee, in accordance with the Const ruction . provisions of the Act entitled "An Act to rgulate 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. Rates of toll applied SEC. 2 . If tolls are charged for the use of such bridge, the rates of to operation, sinkin g toll shall be so adjusted as to provide a fund sufficient to pay the fund, etc. reasonable cost of maintaining, repairing, and operating the bridge and its approaches, under economical management, and to provide a sinking fund which, together with the sinking fund created from the tolls from other bridges authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this Act, shall be sufficient to amortize the bonds issued under such Act, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the comple- tion thereof. After a sinking fund sufficient for such amortization Maintenance as free t> bridge, etc ., after amor- shall have been so provided, such bridge shall thereafter be tiling costs, etc ° 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 operation of the bridge and its approaches under economical management. An Re cord of egpe ndi- tures and receipts, accurate record of the costs of the bridge and its approaches, the e xpend iture s fo r mai ntain ing, repa iring, and ope ratin g the sam e, and of the daily tolls collected, shall be kept and shall be available fo r the inform ation of all perso ns int erested. SEC. 3. That the right to alter, amend, or repeal this Act is hereby Am endment. ex pressl y rese rved. Approved, April 10, 1928. April 10, 1928. CHAP. 346 .-An Act Granting the consent of Congress to the Highway 	[H. R. 9199.1 Department of the State of Tennessee to construct, maintain, and operate a [Public, No. 259 .1 bridge across the Cumberland River on the Dover-Clarksville Road in Stewart County, Tennessee. Be it enacted by the Senate and House of Representatives of the Cumberland River. Unit ed St ates of Am eric a in Congr ess assem bled, That the conse nt Tennessee may of Congress is hereby granted to the Highway Department of the qty. 'n Stewart State of Ten nessee to co nstruc t, mai ntain, and op erate a brid ge and approaches thereto across the Cumberland River at a point suitable to the interests of navigation, on the Dover-Clarksville Road in Construction. Stewart County, in the State of Tennessee, in accordance with the vol.34, p.84. provis ions of the Act en titled "An A ct to r egulat e the constr uction of bridges over navigable waters," approved March 23, 1906, and subjec t to t he con dition s and limita tions c ontain ed in this A ct. Rates of t oll appli ed SEC. 2 . If tolls are charged, for the use of such bridge, the rates of to operation, sinking toll shall be so adjusted as to provide a fund sufficient to pay the fund, etc. reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund which, together with the sinking fund created from the tolls from other bridges authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this Act, shall be sufficient to amortize the bonds issued under such Act, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the com- pletion thereof. After a sinking fund sufficient for such amortiza- br M idge, etnaaf te afr ee mo a tion shall have been so provided, such bridge shall thereafter be tizing costs, etc° maintain ed and op erated fr ee of tol ls, or t he rates of toll s hall ther e-

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/471

 420 SEVENTIETH CONGRESS. SESS. I. CHs. 346, 347, 350 . 1928 . after be so adjusted as to provide a fund of not to exceed the amount Record of expemii- necessary for the proper maintenance, repair, and operation of the tares and receipts. bridge and its approaches under economical management. An accu- rate record of the costs of the bridge and its approaches, the expendi- tures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the Amendment. information of all persons interested. SEC. 3 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 10, 1928. April lo, ""' [H.J. Res. z15.] CHAP. 347.-Joint Resolution To authorize the Secretary of Agriculture to [Pub. Res., No.25.] accept a gift of certain lands in Clayton County, Iowa, for the purposes of the Upper Mississippi River Wild Life and Fish Refuge Act. Resolved by the Senate and House o f Representatives o f the Upper Mississipp i United States of America in Congress assembled, That the Secretary Wild Life and Fish Refuge° of Agriculture be, and hereby is, authorized to accept on behalf of Acceptance of gift of lands in Iowa for, from the United States from James B. Munn, of New York City, New theyea Munn, au- York, a gift of certain lands in Clayton County, Iowa, described as Description. Government lot 1, section 23, township 94 north, range 3 west, fifth principal meridian, fifty-eight and fifty one-hundredths acres ; north half Government lot 2, section 23, township 94 north, range 3 west, fifth principal meridian, twenty-four and thirty one-hundredths acres ; part of Government lot 1, section 11, township 94 north, range 3 west, fifth principal meridian, eleven acres ; Government lot 4, sec- tion 11, township 94 north, range 3 west, fifth principal meridian, forty-five and forty-five one-hundredths acres ; Government lot 3, section 35, township 95 north, range 3 west, fifth principal meridian, sixty-eight and forty one-hundredths acres ; Government lot 4 sec- tion 35, township 95 north, range 3 west, fifth principal meridian, thirty-five acres ; south part Government lot 2, section 35, township 95 north, range 3 west, fifth principal meridian, twenty-eight acres ; part of north half, section 27, township 95 north, range 3 west, fifth principal meridian, one hundred and thirty-six and seventy-six one- hundredths acres ; part of southwest quarter, section 22, township 95 north, range 3 west, fifth principal meridian, forty-nine acres of east half, section 22, township 95 north, range 3 west, fifth prin- cipal meridian, thirty-one and fifty-nine one-hundredths acres. Total area, four hundred and eighty-eight acres, including all the buildings upon acc ept anc e, and improvements thereon and all rights, easements, and appurte- lands made a part of nances thereunto appertaining ; an d up on a ccep tanc e of sai d la nds wild life and fish refuge. by the Secretary of Agriculture they shall become a part of the upper Mis siss ippi Riv er w ild life and fis h re fuge est abli shed pur suan t to Vol. 43, p. 650. the authority contained in the Upper Mississippi River Wild Life and Fish Refuge Act approved June 7, 1924. Approved, April 10, 1928. April 11, 1928. [s. 2301.] CHAP. 350 .-An Act To create a commission to be known as the Commis- [Public, No. 260.] sion for the enlarging of the Capitol Grounds, and for other purposes. Capitol Gr ounds, Be it enacted by the Senate and House of Representatives of the D. C. United States o f America in Congress assembled, That the Vice commi ssio n fo r en- larging, created. President of the United States, the Speaker of the House of Repre- Composition. sentatives of the United States, the Chairman and ranking minority Post, p. 1694. member of the Senate Committee on Public Buildings and Grounds, the chairman and ranking minority member of the House Committee
 * part

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/472

 SEVENTIETH CONGRESS. SESS. I. CHs. 350-352. 1928 . 421 on Public Buildings and Grounds, the minority leader of the Senate, the minority lead er of the House of R epresentatives and t he Architect of the Capitol, are hereby created a commission to be known as the Commission for the Enlarging of the Capitol Grounds. The co mmissi on is author ized t o cons ider pl ans an d esti mates for th e Authorized to co n- shier pla ns and esti- creation of a ark area to enlarge the Capitol Grounds including mates for development p of park area, etc. the plans showing the original scheme for the development of this area, an d the alte rnat ive s cheme for the devel opmen t of this and added areas, and to recommend to the Congress such original and alternative plans or schemes with estimates of costs therefor, together with rec ommen datio ns f or th e pur chase of such other are as as may be considered necessary to give to the plans for the enlargement of the Capitol Grounds a suitable landscape treatment for the Capitol Building in relation to the landscape treatment with the proposed arrangement of the Mall area. SEC. 2 . If the Commission is unable to submit a final report before the expiration of the Seventieth Congress, those Members of the House of Representatives who are members of the Commission at the date of expiration of such Congress, if Members-elect to the succeed- ing Cong ress, sha ll co ntin ue as memb ers of su ch co mmiss ion until their successors are determined by the organization of the House of Repre sentat ives of the Sevent y-firs t Congr ess, Approved, April 11, 1928. CHAP. 351 .-An Act To authorize the construction of a temporary railroad bridge across Pearl River at a point in or near section 35, township 10 north, range 6 east, Leake County, Mi ss is s ip pi. Be it enacted by the Senate and the House of Representatives of the United States o f America in Congress assembled, That the Pearl River Valley Lumber Company is hereby authorized to construct a tem porar y ra ilroa d bri dge conne cting its timb er ho lding s an d its lands and timber across Pearl River at a point suitable to the inter- ests of navigation in or near section 35, township 10 north, range 6 east, Leake County, Mississippi, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over precise . navigable waters," approved March 23, 1906 : Provided, That if the Remova l when aban- bridge authorized by this Act shall at any time be abandoned and brdg, rai lro ad no l onger used f or rai lroad purpos es, the same shall be rem oved f rom the river by th e Pear l Rive r Vall ey Lum ber Com pany, or its assig ns, at its or their own expense. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 11, 1928. CHAP. 352 .-An Act To authorize the construction of a temporary railroad bridge across Pearl River in Rankin County, Mississippi, and between Madison and Rankin Counties, Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America in Co ngres s ass embl ed, That the Pearl River Valley Lumber Company is hereby authorized to construct a tem porar y ra ilroa d bri dge conne cting its timb er ho lding s an d its lands and timber across Pearl River at a point between or near sections 33 and 34, township 8 north, range 3 east, in Madison County, Mississippi, and sections 3 and 4, township 7 north, range 3 east, in Rankin County, Mississippi, and between Madison County and Rankin County, Mississippi, in accordance with the provisions Continuation to next Congress, if final report be not submitted before expiratio n of 70th Con- gress. April 11, 1928. [S.3118.] [Public, No. 261 .] Pearl River. Pea rl Ri ver Vall ey Lumber Company may bridge, in Leake Coun- ty, Miss. Constru ction. Vol.34,p.84. Amendment. April 11, 1928 . [S. 3119.] [Public, No. 262.] Pearl River. Pe arl Ri ver V al- ley Lumber Company may bridge, between Madison and Rankin Counties, Miss.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/473

 422 SEVENTIETH CONGRESS. SESS. I. CHs. 352-356. 1928 . Vol. p.8n. of the Act entitled "An Act to regulate the construction of bridges Prrovso . $ over navigable waters," approved March 23, 1906 : Provided, That Removal when aban- doned as a railroad if the bridge authorized by this Act shall at any time be abandoned bridge. and no longer used for railroad purposes, the same shall be removed from the river by the Pearl River Valley Lumber Company, or its assigns, at its or their own ex pense. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 11, 1928. Amendme nt. April 11, 1928. [H. R.328.1 CHAP. 353 .-An Act To relieve the Territory of Alaska from the necessity [Public, No. 263 .] of filing bonds or security in legal proceedings in which such Territory is interested. Alaska. Be it en ac ted by the Senate and House of Representatives of the Bonds, etc ., not re- United States of America in Congress assembled, That in all actions in in legal wwhich in pro- ce edi ngs n- or proceedings in any court in which the Territory of Alaska is a terested. pa rty, or i n which it is intereste d, it shall not be r equired to furnish any bond or undertaking upon appeal or otherwise in any such action or p rocee ding. Approved, April 11, 1928 . April 11, 1928. [H. R.343 .1		CHAP. 354.-An Act To amend section 12 8, sub divisi on (b), para graph 1 , [Public, No. 264 .] of the Judicial Code as amended February 13, 1925, relating to appeals from district courts. Circuit Courts of Ap. Be it enacted by the Senate and House of Representatives of the peals. App ella te jurisdic- United States of America in Congress ass em ble d, That section 128, tion. sub divis ion (b), paragraph 1, of the Judicial Code as amended Reviewing interlocu- February 13, 1925, be amended to read as follows tory orders, etc ., of dis- " First, To review the interlocutory or ders or decrees of t he district tri ct cou rts ext end ed to Territories, etc. courts, including the District Courts of Alaska, Hawaii, Virgin ed Vol . 43,p .936,amend- Islands, and Canal Zone, which are specified in section 129 ." Section of Compiled SEC. 2. Section 1339 of the Compiled Laws of Alaska, 1913, is Laws of Alaska re- pealed. hereby repealed. Approved, April 11, 1928. April 11, 1928. [H. R. 359.] [Public, No. 265 .] District of Columbia. Gates between white House and State, etc ., Department Building given to Spiegel Grove State Park, Fremont, Ohio. Proviso. No Government ex- pen se. April 11, 1928. [H. R. 6993.] [Public, No. 266.] CHAP. 355 .-An Act Authorizing the presentation of the iron gates in West Executive Avenue between the grounds of the State, War, and Navy Building and the White House to the Ohio State Archeological and Historical Society for the memorial gateways into the Spiegel Grove State Park. Be it enacted by the Senate and House of Representatives of the United States of America in Co ngres s asse mbled , That the Director of Public Buildings and Public Parks of the National Capital is hereby authorized and directed to deliver to the Spiegel Grove State Park, Fremont, Ohio, the iron gates now hanging in West Execu- tive Avenue between the grounds of. the State, War, and Navy Building and the White House : Provided, That no expense shall be incurred by the United States. Approved, April 11, 1928. CHAP. 35 6 .-An Act Autho rizing the Secretary of the In terior to sell and patent certain lands in Louisiana and Mississippi. Public lands. Be it enacted by the Senate and House of Representatives of the Sale authorized, of United States of America in Congress assembled, That the Secretary designated accreted land s in Mississippi of the Interior, in his judgment and discretion, is hereby authorized and Lou isi ana. to sell, in the manner hereinafter provided, any of those lands which he has found or shall hereafter find are public lands of the United

�


text:
Page:Devonshire Characters and Strange Events.djvu/308

246 master, and it soon became a favourite air. D'Urfey set words to it in which his old Huguenot execration of the Papists breaks forth. Farinelli was a Papist, a circumstance that gave occasion to Addison to remark that his friend Tom had made use of Italian tunes for promoting the Protestant interest; and turned a considerable part of the Pope's music as a battery against the chair of St. Peter.

D' Urfey's Pills to Purge Melancholy is a book nowadays to be kept under lock and key, or else to be bound and lettered "Practical Sermons," to avoid its being taken down from its shelf and being looked into by young people. And yet—"Tempora mutantur et nos mutantur in illis." Addison speaks of his songs in No. 67 of The Guardian thus: "I must heartily recommend to all young ladies, my disciples, the case of my old friend, who has often made their grandmothers merry, and whose sonnets have perhaps lulled to sleep many a pleasant toast, when she lay in her cradle." In No. 29, 1713, Addison wrote: "A judicious author, some years since, published a collection of sonnets, which he very successfully called ' Laugh and be Fat; or, Pills to Purge Melancholy.' I cannot sufficiently admire the facetious title of these volumes, and must censure the world of ingratitude, while they are so negligent in rewarding the jocose labours of my friend, Mr.D'Urfey, who was so large a contributor to this treatise, and to whose numerous productions so many rural squires in the remotest parts of the island are obliged for the dignity and state which corpulency gives them."

D'Urfey was the last English poet that appeared in the streets attended by a page. Many an honest gentleman, it is said, got a reputation in his county by pretending to have been a boon companion of D'Urfey;


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/474

 SEVENTIETH CONGRESS. SEss. I. CHS. 356, 357. 1928 . 423 States that have accreted to section 14 of township 5 north, range 4 west, Washington meridian, in the State of Mississippi, and to sections 65, 66, 67, and 68, of township 5 north, range 9 east, Louisiana meridian, in the State of Louisiana, and which are not lawfully appropria ted by a quali fied settler or entryman o r other advers e claimant claiming under the public land laws. SEC. 2. That the owners of said above described lots or sections Preference r or owners of lots to pu r- shall have a preferred right to file in the office of the register of the chas e. United State s Land Office of the distr ict in which t he lands are situated an application to purchase the public lands thus formed by accretion at any time within ninety days from the filing of plats of Proo f of owne rshi p such accrete d area in the United State s Land Office. Every such required. application must be accompanied with satisfactory proof that the applicant is entitled to such preferen ce right by virtue of the ownership of said above described lots or sections and that the lands whic h he app lies to purc hase are not in the lega l po sses sion of any adverse claimant. Appraisals to be SEC. 3. That upon the filing of any application to purchase an y made upon filing ap- lands subject to the operation of this Act, together with the required plication. proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, including the timber thereon and the stumpage value of any timber cut o r removed by t he applicant Appraisement esciu- or his predecessors in interest. Such appraisement shall be exclusive live of development, of any increased value resulting from the development or improve- etc • by applicant. ment of the land for agricultural purposes by the applicant or his predecessors in interest. Patent to issue on SEC. 4 . That an applicant who applies to purchase land under the payment of appraised provisions of this Act, in order to be entitled to receive a patent valu e. must, within thirty days from receipt of notice of appraisal by the Secretary of the Interior, pay to the register of the United States Land Office of the district in which the lands are situ ated the appraised value of the lands, and thereupon patent shall issue to said applicant for such lands as the Secretary of the Interior shall determine that such applicant is entitled to purchase under this Act. Disposal of proceeds The proceeds derived by the Government from the sale of lands under land laws hereunder shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public' lands. Patent withheld in SEC. 5. If, at the date of the approval of this Act, any of the lots case of pending unper- fected entry- on which or sections or parts of lots or sections above described are covered final proo f not sub- by a pending entry on which satisfactory final proof in support misted. thereof has not been submitted, patent based on any application to purchase land subject to the provisions of this Act shall be withheld Patent issued to ap- to await the completion of the pending entry. If, upon completion plicant for purchase on of the pending entry it shall then be found that applicant has shown comp letin g en try. due compliance with the law under the said pending unperfected entry and his application to purchase is otherwise satisfactory patent on said application to purchase shall then be issued. Rules, etc ., to be pre. SEC. 6. That the Secretary of the Interior is hereby authorized to scribed. prescribe all necessary rules and regulations for administering the provision s of this Act and determini ng conflictin g claims ar isi ng hereu nder. Approved, April 11, 1928. CHAP. 357.-An Act Amending an Act entitled "An Act authorizing the April 11, ins. [H. R.7463.]	Chippewa Indians of Minnesota to submit claims to the Court of Claims ." [Public, No. 267 .] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 8 of the Act entitled "An Act authorizing the Chippewa Indians of Chippewa Indians of Min nesot a.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/475

 424 SEVENTIETH CONGRESS. SESS. I. CHs. 357-359 . 1928. Claims of, for relin- Minnesota to submit claims to the Court of Claims," approved May 4 Vol.44 lands . 5,a mend . 14, 1926 (Forty-fourth Statutes at Large, page 555), be, and the same ed. is here by, amended t o read as foll ows Exp enses of atto r- neys in preparation of SEC . 8 . All actual and necessary expenses incurred by the cases, of Ind payableians . from fun ds attorney or attorneys so employed to represent the Chippewa Indians of Minnesota, including court costs, bills for printing required by law or court rules, the cruising and examination of lands and timber, the auditing and tabulation of accounts, travel and subsistence of said attorneys and their employees while engaged solely in the prepa- ration or prosecution of said suit or suits, securing and taking evidence deemed material therein, the compensation of stenogra- phers, and such clerical assistance as shall be reasonably employed solely upon work in connection therewith, fees or commissions of notaries public or commissioners, and any other expense reasonably necessary for the preparation for trial or prosecution of any such suit or suits, shall be paid by the Secretary of the Interior from time to time, as they accrue, out of the funds standing to the credit of said Indians in the Treasury of the United States upon verified accounts submitted in such form as may be required by the Secretary Provfsos, of the Interior : Provided, That no payment shall be allowed here- Res tr ict ion on ex- penses, etc. under for expense incurred for compensation to other attorneys for rendering service as attorneys in assisting in said suits, nor for any item of so-called overhead, office, or other expense not solely and exclusively incurred for or on account of such suit or suits : And Expenses incurred provided further, That before the attorneys are authorized to incur subject to approval of Commissioner of in- any expense in excess of $200 for any purpose they shall first secure dian Affairs. the appro val of the Com missioner of Indian Affair s and the Secr e- tary of the Interior ." Approved, April 11, 1928 . April 11, 1928. [H. R. 8725.]	[Public, No . 268 .] United States Su- preme Court . Judicial Code, sec- tion 224 . Marshal, salary, du- ties, etc . Vol. 36, p. 1153, amended . U.S. Code, p.904. April 11, 1928. [H. R. 10483.] [Public, No . 269.] Description. CHAP . 358 .-An Act To amend section 224 of the Judicial Code. Be it enacted by the Senate and House o f Representatives of the United States of America in Congress assembled, That section 224 of the Judicial Code be, and it is hereby, amended to read as follows : j " SEc. 224. The marshal is entitled to receive a salary of not to exceed $5,50 0 per annum, payable month ly, the same t o be fixed by the court. He shall attend the court at its sessions ; shall serve and execute all process and orders issuing from it, or made by the chief ustice or an associate justice in pursuance of law ; and shall take charge of all property of the United States used by the court or its members. With the approval of the chief justice he may appoint assistants and messengers to attend the court, Approved, April 11, 1928. CHAP. 359.-An Act To revise the boundary of a portion of the Hawaii National Park on the island of Hawaii in the Territory of Hawaii. Hawaii Nat ional Be it enacted by the Senate a nd House of Re presentatives o f the Park. United States of America in Congress assembled, That the boundary Vol ..39 Preamend- of that portion of the Hawaii National Park on the island of Hawaii ed U.S. Code, p. 413. firstly described in the Act of Congress approved August 1, 1916 ('thi rty-nin th Sta tutes, page 43 2, sec tion 39 1, titl e 16, United States Code), entitled "An Act to establish a national park in the Territory of Hawaii," be, and the same is hereby, amended to read as follows "All that tract of land comprising portion of the lands of Kapa- pala and Keauhou, in the District of Kau, and portions of the lands

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/476

 SEVENTIETH CONGRESS. SESS. I. Cii. 359. 1928 . 425 of Keaau, Kahaualea, Panaunui, and Apua in the District of Puna, Description-Con. containing approximately thirty-four thousand five hundred and tinned. thirty-one acres, bounded as follows " Beginning at a point on the west edge of the Keamoku Aa Flow (lava flow of 1823), the coordinates of said point of beginning referred to Government Survey Trigonometry Station ` Uwekahuna,' being four thousand seven hundred and six and six-tenths feet south and seventeen thousand nine hundred and seventy and three-tenths feet west, and the true azimuth and distance from said point of begin- ning to Government Survey Trigonometry Station ` Ohaikea,' being one hundred and sixty-six degrees and twenty minutes, six thousand three hundred and fifty feet, and running by true azimuths- " 1. Along the west edge of the Keamoku Aa Flow in a northeast- erly and nor thwesterly di rection, the direct azimuth and distance being one hundred and ninety-eight degrees and ten minutes fourteen thousand sev en hundred fe et ; " 2 . Two hundred and fifty-six degrees, eleven thousand four hun- dred feet across the land of Kapapala and Keauhou to a marked point on the Humuula Trail ; " 3. Three hundre d and twenty- eight degrees and fifteen m inutes eight thousand seven hundred and twenty-five feet across the land of Keauhou to the top of the fault north and the Kau Road ; "4 . Thence along the fault in a northeasterly direction along the remainder of Keauhou to a pipe, the direct azimuth and distance being two hundred and fifty-one degrees and thirty minutes four thousand thr ee hundred an d thirty feet ; " 5. Two hundred and eighty-si x degrees fiv e hundred and thirty feet along the remainder of Keauhou ; " 6 . Two hundred and ninety-eight degrees nine hundred and sixty feet along same " 7. Two hundred and eighty-three degrees and forty-eight minutes one thousand one hundred and forty-six and five-tenths feet along sametoapipe; " 8 . Two hundred and sixty-seven de grees and twe nty minutes o ne thousand and twenty-seven and five-tenths feet along same ; " 9. Two hundred and ninety-three degrees and ten minutes one thousand and fifty feet along same to a pipe ; " 10. Three hundred and twenty-one degrees and forty-six minutes one thousand one hundred and eleven and three-tenths feet along same ; " 11. Three hundred and thirty-three degrees and fifty minutes one thousand one h undred feet a long same ; " 12 . Three hundred and twenty-seven degrees and twenty minutes one thousand nine hundred and forty feet along same ; " 13. Two hundred and eighty-three d egrees and th irty-nine min - utes two thousand and fifty-seven and four-tenths feet along same toapipe; " 14 . Three hundred and thirty-three degrees and twenty minutes two hundred and fifty feet along same to a pipe on the north side of Government Main Road at junction with the Keauhou Road, said pipe being by true azimuth and distance two hundred and ninety- five deg rees and twe lve minu tes six thou sand one hun dred and six ty- seven and one-tenth feet from Government Survey Trigonometry Station `Volcano House Flag' ; " 15. Three hundred and thirty-three degrees and twenty minutes three thousand two hundred and eighty-three and two-tenths feet along the remainder of Keauhou to a pipe ; " 16 . Three hundred and fifty-four degrees and fifty-four minutes sixty feet along the remainder of Keaau ;

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/477

 426 SEVENTIETH CONGRESS. SESS. I. CHs. 359, 362. 1928. tin earip tion-con. "17 . Two hundred and thirty-on e degrees and thirty-one mi nutes one thousand six hundred and seventy-eight and eight-tenths feet along same ; " 1 8. Three hundre d and eightee n degrees eigh t hundred and six- teen and four-tenths feet along same to the boundary between the lands of Keaau and Kahaualea ; " 19. Seventy-two degrees and forty-five minutes one thousand two hundred and thirty-three and three-tenths feet along the land of Kahaualea to a pipe ; "20. Forty-eight degrees six hundred and thirty-four feet along the remain der of Kaha ualea to a p ipe on the Kahaua lea-Ke auhou boundary ; " 21 . Three hundred and thirty-two degrees and ten minutes six thousand five hundred and fifty-one and four-tenths feet along the Kahaualea-Keaau boundary to a pipe ; 11 22 . Two hundred and eighty-one degrees thirty thousand three hundred and one and seven-tenths feet along the remainder of Kahaualea to a pipe ; "23. Thi rty- one degr ees and thir ty m inut es t hirt een thou sand and seventy-four and seven-tenths feet along the remainder of Kahaualea and Panaunui to a pipe, passing over a pipe at five thousand nine hundred and twenty-two and two-tenths feet on the Kahaualea- Panaunui boundary ; " 24 . Eighty-nine degrees and ten minutes thirty-two thousand nine hundred feet along the remainder of Panaunui, across the lands of Apua and Keauhou to ` Palilele-o-Kalihipaa,' at an angle in the Keauh ou-Kap apala bound ary ma rked b y a pi le of stone s, pas sing over pipes at three thousand five hundred and seventy-two and eight- tenths feet on the Panaunui-Apua boundary and eight thousand four hundred and thirty-five and three-tenths feet ; "25. Fifty-one degrees fifty minutes and thirty seconds five thou- sand four hundred and thirty feet across the land of Kapapala ; "26 . One hundred and two degrees and fifty minutes nineteen thousand one hundred and fifty feet across same to a small cone about one thousand five hundred feet southwest of 'Puu Koae' ; "27. One hundred and sixty-six degrees and twenty minutes twenty-one tho usand feet ac ross the land of Kapapala t o the point of beginning " ; and all of those lands lying within the boundary above described are hereby included in and made a part of the Hawa ii N atio nal Park sub ject to all laws and reg ulat ions per tain ing to said park. Acquiring of pr i- SEC . 2. That the_ provisions of the Act of February 27, 1920, vately owned lan ds authorized . entitl ed "An Act o auth orize the Go vernor of t he Ter ritory of Vol. 41,p .452. Hawaii to acqu ire privately owned lands a nd rights of way within the boundaries of the Hawai i National Par k," are hereb y extended over and made applicable to the lands added to the park and included within the boundary established by the preceding section of this Act . Approved, April 11, 1928 . April 12, 1928 . [H. R. 11579.1 CHAP . 362 .-An Act Relating to investigation of new uses of cotton . [Publ ic, No . 270 .] Be it enacted by the Senate and House o f Representatives o f the Cotton . Research authorized United States of America in Congress assembled, That the Secretary in Amer ican-grown, b y- of Agriculture and the Secretary of Commerce are hereby authorized products of, and present and new uses . to engage in technical and scientific research in American-grown Post, p. 1212. cotton and its by-products and their present and potential uses, including new and additional commercial and scientific uses for cotton and its by-products, and to diffuse such information among

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/478

 SEVENTIETH CONGRESS. SESS. I. CHs. 362-364 . 1928 . 427 the people of the United States ; and the Secretary of Agriculture and the Secretary of Commerce or their duly authorized representa- tives may cooperate with any department or agency of the Gov- ernment, any State, Territory, District, or possession or department, ag ency, or pol itical subdi vision there of, or any pe rson i n carr ying out the purposes of this Act in the District of Columbia and elsewhere. Approved, April 12, 1928. Cooperation with de- partm ents, States, etc ., authorized . April 12, 1928. CHAP. 363 .-An Act To authorize the city of Oklahoma City, Oklahoma, 	R1. R. 465 .] - to sell certain public squares situated therein. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the city of Okl a. om a, city, Oklahoma City, Oklahoma, be, and it is hereby, authorized, whenever "lay sell designated in its judgment the best interests of said city require such action, to public oic squares patent- sell the two tracts of land designated as public squares, in block 23 and block 62, Oklahoma City, Oklahoma, or a ny portion thereof, patented to said city on January 10, 1919, for public purposes in accordance with the provisions of section 22 of the Act of May 2, 1890 (Twenty-sixth Statutes at Large, page 81), notwithstanding the restrictions contained in said Act : Provided, That the proceeds Proceeds for public from the sale of s aid tract s shall b e devoted by said city to t he public sch ool uses . purpose referred to in said section 22 of the said Act of May 2, 1890 . Approved, April 12, 1928 . [Public, No . 271 .] Vol.26, p. 92. April 12, 1928 . C H A P . 364 .-Joint Resolution Authoriz ing the Secretary of Agriculture to 	 [S . J . R e s. 95 .] dispose of real property, located in Hernando County, Florida, known as the [Pub. Res., No.26.] Brooksville Plant Introduction Garden, no longer required for plant-introduction purposes. Resolved by the Senate and House o f Representatives of the United States o f America in Congress assembled, That the ecr etary of Agriculture be, and he is hereby, authorized to sell, or cause to be sold at private sale, to the Hernando Tobacco Company, a corporation existing under the laws of the State of Florida, for the consideration of $2, being the amount originally paid by the Government to the said Hernando Tobacco Company for the lands hereinafter men- tioned, all that t ract o r parc el of land si tuate in Her nando County , Florida, ordinarily referred to as the Brooksville Plant Introduction Garden, and more particularly described as follows : The south half sout hwest quar ter south west quar ter o f sec tion 30, towns hip 22 sou th, ra nge 20 east, conta ining twenty acres, more or les s ; an d the entir e por tion of t he no rth h alf south west quar ter s outhw est quarter of section 30, township 22 south, range 20, which lies south of and adjacent to the county road running through said section and township, consisting of fifteen acres, more or less, in the county of Hernando, State of Florida ; together with the buildings and improvements thereon, which said tract or parcel of land with the buildings and improvements aforesaid, is no longer needed for plant- introduction purposes, and to execute and deliver in the name of the United States and in its behalf any and all the contracts, convey- ances, or other instruments necessary to effectuate and complete such sale. SEc. 2. That the net proceeds from the sale of the aforesaid property be deposited in the Treasury of the United States. Approved, April 12, 1928. 54S35•--21 -PT 1-3 1 Brook svill e Pl ant I n- troduction Gar den , Fla. Sale of, to Hernando Tobacco Company au- thorized. Description. Deposit of proceeds .

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/479

 428 April 13, 1928. [H. R . 5545 .] [Public, No. 272.] Californi a. Dedication as public par k by, of land s of North and South Cala- veras Big Tree Groves. Public lands. Patent to be issued to the State, on dedica- tion of park. Description. Rights of way for Government roads, etc ., reserved. Provisos. Sale, etc ., of acquired land, forbidden. Reversion. Reservation of min- eral deposits. SEVENTIETH CONGRESS. SEss. I. Cii. 368 . 1928 . CHAP. 368 .-An Act Granting certain lands to the State of California. Be it enacte d by the Sena te and House of Representat ives of the United States o f America in Congress assembled, That upon convey- ance to and acceptance by the State of California of either the North Calaveras Big Tree Grove, described as the west half of the south- west quarter of section 14 ; the east half of the southeast quarter ; the southwest quarter of the southeast quarter ; the southeast quarter of the southwest quarter of section 15 ; the north half of the northeast quarter ; the southwest quarter of the northeast quarter ; the east half of the northwest quarter of section 22, township 5 north, range 15 east, Mount Diablo base and meridian ; or, the South Calaveras Big Tree Grove, described as the south half of the northwest quarter ; the north half of the southwest quarter ; the southwest quarter of the southwest quarter of section 28 ; the southeast quarter ; the south half of the southwest quarter of section 29 ; the north half of the northeast quarter ; the southwest quarter of the northeast quarter ; the north- west quarter ; the north half of the southwest quarter of section 32 ; the east half of the northeast quarter, the southwest quarter of the northeast quarter ; the north half of the southeast quarter ; the south- west quarter of the southeast quarter ; the southwest quarter of sec- tion 31, township 5 north, range 16 east, Mount Diablo base and meridian ; or, both of the aforesaid groves, and the dedication as a State park of the lands so conveyed' and accepted by the State of California, within six years from the passage of this Act, then the Secretary of the Interior shall, upon request of the Governor of California, and with the concurrence of the Secretary of Agriculture issue a patent to the State of California for the following-described lands : The southeast quarter of the southeast quarter of section 22 ; the north half of the southeast quarter of section 24 ; the north half ; the southwest quarter ; the west half of the southeast quarter of sec- tion 25 south half of the northeast quarter of section 26 ; the north half of the northeast quarter of section 35, township 5 north, range 15 east, Mount Diablo base and meridian ; the southeast quarter of the south- east quarter of section 31, township 5 north, range 16 east, Mount Diablo base and meri dian. Sea. 2. That the conveyance hereby authorized shall be subject to the right of the United States to occupy or to authorize the occu- pancy of so much of the conveyed lands as may be required for rights of way for roads, trails, railroads, transmission lines, conduits or other works constructed and maintained by or under the authority of the United States : Provided, That the said State of California shall not have the right to sell or convey the land acquired under the provisions of this Act, or any part thereof, or to devote said land to. other than State park purposes, and if the said land is sold or con- veyed or is used for other than State park purposes, contrary to the provisions of this Act, the part so conveyed or used shall revert to the United States ; the conditions and reservation herein provided for to be expressed in the patent : Provided further, That there shall be reserved to the United States all oil, gas, coal, or other mineral deposits found at any time in the land, and the right to prospect for, mine, and remove the same, under such regulations as the Secretary of the Interior shall prescribe. Approved, April 13, 1928.
 * the east half of the west half, the southeast quarter, the

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/480

 SEVENTIETH CONGRESS. SESS. I. Cns. 369, 370, 374 . 1928 . 429 CH A P. 36 9 .-An Act Relating to the office of Pu blic Buildings and P ublic April 13, 1928. Parks of the National Capital. [S. 1628 .] [Public, No .273.] Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled That section 5 of District of Columbia. f Park police salaries the Act entitled "An Act to fix the salaries of officers and members to c orres pond with of the Metropolitan police force, the United States park police, and police .of Metr opol itan the fire department of the District of Columbia," approved May 27, e Vo1 .43,p.175,amend- 1924 (United States Statutes at Large, volume 43, page 175), is her eby am ended by str iking out sa id sec tion an d subs tituti ng the re- for the following : " Hereafter, the salaries of members of the United Sta tes park police fo rce shall be the s ame as th e salarie s of the offi- cers and members of the Metropolitan police force of the District of Columbia in similar or corresponding grades," Approved, April 13, 1928. CHAP. 370 .-An Act Extending the provisions of the Recreational Act of June 14, 1926 (Forty-fourth Statutes at Large, page 741), to former Oregon and California Railroad and Coos Bay Wagon Road grant lands in the State of Oregon. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the pro- visions of the Act of Congress approved June 14, 1926 (Forty-fourth Statutes at Large, page 741), entitled "An Act to authorize acquisi- tion or use of public lands by States, counties, or municipalities for recreational purposes," are hereby extended to former Oregon and California Railroad grant lands revested in the United States under the Act of June 9, 1916 (Thirty-ninth Statutes at Large, page 218), and to former Coos Bay Wagon Road grant lands reconveyed to the United States under the Act of February 26, 1919 (Fortieth Statutes at Large, page 1179) : Provided, That any lands leased here- under shall thereafter be exempt from any further claim by the county wherein such leased lands are located for payment of moneys, the equivalent of taxes, as authorized under the Relief Act of July 13, 19 26 (Forty-fourth Statutes at Large, page 915) : P rovi ded further, That only such lands as are within or contiguous to the former limits of said grants may be accepted in an exchange here- under for such former grant lands and that all lands and timber secured by virtue of any such exchange shall be disposed of in accord- ance with the terms and provisions of said Revestment Act of June 9, 1916 : And provided further, That no sales of lands classified under said Act of June 9, 1916, as of class 3, or agricultural lands, shall be made for less than $2 .50 per acre, and of lands of class 2, or timberlands, for less than the appraised value of the timber thereon. Disposal of receipts. SEC. 2. That all moneys received from or on account of any lands Vol. 39, p. 222; Vol. leased or sold hereunder shall be applied in the manner prescribed 40, p .1150y by the aforesaid Acts of June 9, 1916, and February 26, 1919. Approved, April 13, 1928. April 13, 1928 . [H . R. 10563.] [Public, No. 274 .] Public lands. Exchanges of, with States, for recreational purposes, extended to revest ed Oregon and California, and Coos Bay Wagon Road grants. Vol.44,p .741. Vol .39,p.218;vol.40, p. 1179. Provisos. Leased lands exempt from county taxes. Vol .44,p. 915. Li mitat ion on ac cept - ance and disposal of exchanged lands. Vol .39,p. 219. Sales prices for agri- cultural lands and tim- berlands. April 14, 1928. [S . 3435 .] [Public, NTo. 275 .] CHAP. 374 .-An Act To authorize an appropriation from tribal funds to pay part of the cost of the construction of a road on the Crow Indian Reservation, Montana. Be it enacted by the Senate and House of Representatives of the Cro w In dian Rese r- United States o f America in Congress assembled, That an appro- vatinoMont . thorized priation is hereby authorized in the sum of $7,500 from the tribal for pa y ing part of cost, funds on deposit in the United States Treasury to the credit of the of road n .~2 Indians of the Crow Reservation in the State of Montana to pay

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/481

 430 SEVENTIETH CONGRESS. SESS. I. CHs. 374-377 . 1928 . part of the cost of the construction of a road on said reservation between the towns of Hardin and Saint Xavier, a distance of about twenty-two miles under such rules and regulations as may be pre- scribed by the Secretary of the Interior : Provided, That before any money is expended hereunder the county of Big Horn or the State of Montana shall first set aside $15,000 to pay the remainder of the cost of said road. Approved, April 14, 1928. Proviso. Subject to pay ment of remainder by county or State. April 1 928 - 6, [H. R. 16, 17 .1 CHAP. 375 .-An Act To provide for the paving of the Government road [Public, No. 276 .] extending from Saint Elmo, Tennessee, to Rossville, Georgia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $75,000, or so much of said sum as may be necessary, is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of War, in paving the Government road commencing at the pike at the foot of Lookout Mountain at Saint Elmo, Ten- nessee, and extending to the Rossville Bou levard, at Ro ssville, Proviso. Georgia, in the length of three and seven-tenths miles, known as Subject to acce pt- the Hooker Road : Provided, That no part of this appropriation shall anca of title and main- tenance by Georgia, be expended until the States of Georgia and Tennessee, or the Tennessee, etc . counties or municipalities thereof concerned, have obligated them- selves in writing to the satisfaction of the Secretary of War that they will accept title to and maintain said road under the provisions of the Act approved March 3, 1925 (section 418, title 18, United States Code), immediately upon the completion of such improve- men ts as may be made under th is appropriati on. Approved, April 16, 1928. Government road, Saint Elmo, Tenn ., to Rossville, Ga. Amou nt authoriz ed for paving. Post, p. 929. Vol.43,p. 1104. U.S.Code, p.416. April 16, 1928 . [H. R.5590]. [Public, No . 277 .] Camp McClella n, Ala. Amou nt authoriz ed for Army camp rail- road at. CHAP. 376 .-An Act To authorize appropriations for construction of cul- verts and trestles in connection with the camp railroad at Camp McC lel la n, Alabama. Be it e nacted by the Senate and Ho use of Repres entatives o f t h e United States of Ame rica i n Cong ress a ssemb led, That there is hereby authorized to be appropriated for the purpose of purchasing the necessary materials and hiring the necessary labor to construct or repair culverts and trestles and other parts of the camp railroad at Camp McClellan, as in the opinion of the Secretary of War may be necessary, a sum not to exceed $19,830. Approved, April 16, 1928. April 16, 1928. [H. R. 405.] CHAP. 37 7 .- An Ac t Pro vidin g for hort icult ural exper iment and demon - [Publ ic, No . 278.] stration work in the southern Great Plains area. Southern Great Be it enacted by the Senate and House of Rep rese ntat ives of the Plains. Propagation directed United States of America in Congress assembled, That the Secre- of trees, shrubs, etc., tary of Agriculture is hereby authorized and directed to cause such ada pted to. Shade, ornamental, fruit, and shelter belt trees, shrubs, and vines as are adapted to the conditions and needs of the southern Great Plains area, comprised of those parts of the States of Colorado, Nebraska, Kansa s, Texas, Okl ahoma, and New Mexico lying west of the ninety- eighth meridian and east of the five thousand-oot contour line, to

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/482

 SEVENTIETH CONGRESS. SESS. I. CHs. 377-379 . 1928 . 431 be propagated at one of the existing field stations of the Department Dist ribu tion fr om of A gric ultur e in such area and seedl ings and cutti ngs and s eeds Agricultural Depart- ment fiel d st ation free of such trees, shrubs, and vines to be distributed free of charge for experiments, etc. under such regulations as he may prescribe for experimental and demonstration purposes within such area. SEc. 2 . That for carrying out the purposes of this Act, including fo i pant authorized purchase of land and erection of buildings, there is hereby author- Post, p. 1201 . ized to be appropriated the sum of $35,000, out of any money in the Treasury not otherwise appropriated, to be expended under the supervision of the Secretary of Agriculture. SEc. 3. That there is hereby authorized to be appropriated each Annual ap propria- tions authorized for fiscal year therea fter n ecessa ry app ropriat ions t o enab le the Secre - expe rimen ts. tary of Agriculture to carry on the experiments contemplated by this Act. Appro ved, April 16, 19 28. CHAP. 378.-An Act To extend the p rovis ions of the Act of Congress approved March 20, 1922, entitled "An Act to consolidate national forest lands ." Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, Tha t the provis ions of the Act of Congress approved March 20, 1922 (Forty-second Statutes, page 465), Section 485, Title 16, Code of Laws of the United States, an Act entitled "An Act to consolidate national forest lands," be, and the same are hereby, extended and made applicable to any lands within former Spanish or Mexican land grants which lie partly within or contiguous to the boundaries of the Carson, Manzano, or Sante Fe National Forests in the State of New Mexico. The lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the national forests within or near w hose e xterio r boun daries they are loc ated. Approved, April 16, 1928. April 16, 1928. [11. R. 9829.] [Public, No. 279 .] National forests . Exchange of lands authorizedwithin Spanish or Mex ican grants, for additions to Carson, IIanzano, or Santa Fe, forests, N. Mex. Vol.42,p.465. U.S. Code, p. 420. April 18, 1928 . [H . R. 10884.1 [Public, No. 280 .] CHAP. 379 .-An Act To amend the Act entitled "An Act to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925," approved May 22, 1926. Be it enacted by the Senate and House of Representatives of the Un it ed S ta te s of America in Congress assembled, That the first Vol. La ke s. 44f ph617 ,ame nd- paragraph of section 1 of the Act entitled "An Act to carry into edVol. 44, p. 2108. effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925," approved May 22, 1926, is amended to read as follows : Acqui ring flo wage, "That the Secretary of War be, and he is hereby, authorized and easements, etc ., in lands, in Mi nnesota, directed to acquire, as soon as practicable after the enactment Of bordering said lake, this Act, b purchase or b condemnation, in accordance with the etc ., to regulate lev el y y f thereof, under treaty provisions of the Act entitled `An Act to authorize condemnation engagement with Great of land for sites for public buildings, and for other purposes,' B Vol . 25, p.357. approved August 1, 1888, and in accordance with the constitu- tional provisions of the State of Minnesota which provide that private property shall not be taken, destroyed, or damaged for public use w ithout just compen sation theref or fir st pai d or s ecured, the flowage easements up to elevation one thousand and sixty-four sea-level datum upon all lands in such State bordering on the Lake of the Woods, Warroad River, and Rainy River, and such lands Lands for protective or interests therein as are necessary to provide for the protective works, etc.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/483

 432 SEVENTIETH CONGRESS. SESS. I. CHS. 379, 380. 1928. Treaties, Vol. 44, p. 2110. Condemnation pro- ceedings. Vol. 44, p .617, amend- ed. Witne ss fees L ~ etc., asses sed a gain st Un ited Sta tes. Damages. Vol. 44, p. 617, amend- ed. Prior claims for dam- ages due to artificial obstruction to outlets to be investigated. Post, p. 930 . Report to Con gress . Proviso. Claims to be sented in 30 days. April 19, 1928. [H. R. 7191 .] [Public, No. 281 .] Bur eau of Stand ards. Site of master-track scale, etc., depot, in Cook County, Ill ., con- ve yed to Chica go and Western Indiana Rail- road Company . Location . De scri ption. works and measures in such State along the shores of the Lake of the Woods and the banks of the Warroad River and the Rainy River as specified in article 8 of the convention signed at Washington on the 24th day of February, 1925, between the Governments of the United States and Great Britain providing for the regulation of the level of the Lake of the Woods ." SEC . 2 . Section 1 of such Act approved May 22, 1926, is amended by adding at the end thereof a new sentence to read as follows " In such condemnation proceedings fees and mileage of witnesses shall be assessed against the United States to the same extent in any given case as if the proceeding had been initiated by a private corporation ." SEC . 3 . Section 3 of such Act approved May 22, 1926, is amended to read as follows " SEC. 3 . The Secretary of War is hereby authorized and directed to cause to be investigated, as soon as practicable, all claims for damages caused, prior to the acquisition of flowage easements under this Act, to the inhabitants of the United States by fluctuation of the w ater leve ls of the Lake of the Wood s due to artificia l obstruc - tions in outlets of said lake, and after due notice and opportunity for hearing, shall ascertain and determine the loss or injury, if any, that may have been sustained by the respective claimants and to report to Congress for its consideration the amount or amounts he may find to be equitably due such claimants, together with a state- ment in each case of the substa ntial facts u pon wh ich th e conc lusion pre. i s based : Provided, That all claims not presented to the Secretary of War under this provision prior to the expiration of thirty days from the date of the passage of this amendatory Act, shall not be considered by him and shall be forever barred ." Approved, April 18, 1928 . CHAP . 380 .-An Act To authorize the Secretary of Commerce to convey certain land in Cook County, Illinois, to the Chicago and Western Indiana Rail- road Company, its successors or assigns, under certain conditions . Be it enacted by the Senate and House of Representatives of the United States of Amercia in Congress assembled, That the Secretary of Commerce be, and he is hereby, authorized to convey by the usual quitclaim deed to the Chicago and Western Indiana Railroad Com- pany, a co rpora tion orga nized and exis ting under the laws of t he State of Illinois, its successors or assigns, the present site of the master-track scale and test-car depot of the Bureau of Standards, Department of Commerce, in the clearing yard of the Belt Railway Company, of Chicago, more particularly described as follows "A tract of land in the northeast quarter of the southeast quarter of section 20, township 38 north, range 13 east of the third principal meridian, Cook County, Illinois, bounded and described as follows "Beginning at a point seven hundred and seven and forty-six one hundredths feet south of, measured at right angles to. the east and west center line of said section 20, from a point therein nine hu ndred and se venty and ei ght on e-hund redths feet w est of the n orth- east corner of said northeast quarter of the southeast quarter, measured along said east and west center line, thence southeasterly a dista nce of ninet y-four feet to a p oint se ven hu ndred and th irty- four and twenty-two one-hundredths feet south of said east and west center line, measured at right angles thereto from a point therein eight hundred and seventy-nine and ninety-seven one-hundredths

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/484

 SEVENTIETH CONGRESS. SEss. I. CHs. 380-382 . 1928 . feet west of s aid n orth east corne r, m easur ed al ong said east and west center line, thence at right angles to last-described course sout hwest erly a dis tanc e of forty -two feet, the nce north weste rly forty-two feet from and parallel to first-described course a distance of nine ty-fo ur fe et, t henc e nor theas terl y nin ety-f our feet from and parallel to second-described course, a distance of twenty-three feet, thence northwesterly nineteen feet southwesterly from and parallel to first-described course, extended a distance of fifty feet, thence at right angles to last-described course, northeasterly ten feet, thence southeasterly nine feet southwesterly from and parallel to first- descri bed co urse e xtende d fift y feet, thenc e at r ight a ngles north- easterly to point of beginning, containing four thousand four hun- dred and forty-eight square feet or one-tenth acre, more or less" : Provi ded, howev er, That t he abo ve-des cribed lands shall be con veyed to th e Chi cago and Weste rn In dian a Rai lroad Comp any, its succe s- sors or assigns, only in the event (1) that the United States, for reasons of its own, shall discontinue or abandon the use of the land for the purpose of a master-track scale and test-car depot, or (2) that the above-described property shall, in the opinion of the Belt Railway Company, of Chicago, become necessary for its own pur- poses, in which event the said Belt Railway Company, of Chicago, shall furnish to the United States of America, Department of Com- merce, i n lieu th ereof, a suitable site els ewhere, t he locati on thereo f to be mutually agreed upon by the said Belt Railway Company, of Chicago, and the Bureau of Standards, Department of Com- merce at its own sole cost and expense, erect upon the site so chosen a building and a foundation for the master-track scale equivalent to the maste r-tra ck sc ale and t est-c ar d epot and f ound ation for the said master-track scale erected upon the above-described property, and sh all mo ve to said n ew bui lding and ins tall t herein the m aster- track scale and all machinery appurtenant thereto, and shall deliver or cause to be delivered a deed conveying such land and building in fee simple to the United States of America, Department of Commerce, without cost to the United States, together with evidence of title to said l and satis factory t o the Uni ted State s. Approved, April 19, 1928. CHAP. 381 .-An Act To credit retired commissioned officers of the Coast Guard with active duty during the World War performed since retirement. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That all retired commissioned officers of the Coast Guard who served on active duty in the United States Navy or in the Coast Guard during the World War shall be credited with all active duty performed since retirement during the period from April 6, 1917, to March 3, 1921, in the computation of their longevity pay and pay periods; but no person shall be entitled to receive any back pay or allowances by reason of the enactment of this Act. Approved, April 19, 1928. Proviso. Cond iti ons. 433 Belt R ailwa y Com- pany to convey site in lieu, and erect, etc ., new building thereon. Deed in fee to be delivered. April 19, 1928. [H. R. 10540.] [Public, No . 282.] Coast Guard. Retired officers of, serving on active duty during World War, to be credited therefor, in longevity pay. No back pay, etc. CHAP. 382 .-An Act To authorize the granting of leave to veterans of the April 19, 10 . [H. R. 7908 . .] Spanish-American War to attend the annual convention of the United Spanish [Public, No. 283 .] War Veterans a nd auxiliary in Havana, Cuba, in 1928. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the heads Spanish War Veter. of the executive departments and independent establishments of ens.
 * and the Belt Railway Company, of Chicago, shall then,

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/485

 434 SEVENTIETH CONGRESS. SESS. I. CHs. 382, 384, 385 . 1928 . Extended lea ve of abse nce allow ed, to at - tend annual convention th ere of, in Habana, Cuba. Pr ovi so. Annual l eave pro- vis ions not modif ied, but accumulation per- mitted. Vol. 27, p. 715; Vol. 35,p.267; Vol.43,p. 1064 . Apr il 20 1928 ' [H. R.10564.] [Public, No. 284 .1 CHAP. 384 .-An Act To authorize the Secretary of War to grant and con- ve y to the cou nty of W arre n a perpetual easemen t for public highway purposes over and u pon a portion of the Vicksburg National Military Park in the State of Mississippi. Be it enacted by the Senate and House of Representatives of the Vic ksbur g Military United States of America in Congress assembled, That the Secretary Park, Miss. gr War ren asCoun t io of War be, and he is hereby, authorized to grant and convey to the hi ghway across. county of Warren, State of Mississippi, a perpetual easement for the construction and maintenance of a public highway on the Vicksburg National Military Park, Vicksburg, Mississippi, at such location and under such conditi ons as may be approved by t he Secretary of War : Cou nty to pay cost. Pr ovided, That the county of Warren shall perform at it s own cost and expense such work as the Secretary of War may require incident Reversion for non- to the construction and maintenance of said highway. us er. SEc. 2. No part of the property granted and conveyed by the Secretary of War for the purposes aforesaid shall be used for any other than highway purposes, and when said property shall cease to be so used it shall revert to the United States of America. Approved, April 20, 1928. Apr il 20,1928 . [H. R. 3510.] [Public, No. 285 .1 Army. George E. Kraul to be appointed a captain of Infa ntry . Proviso. No back pay, etc. the Government and the municipal government of the District of Columbia be, and they hereby are, authorized to grant, in their discretion, extended leave not to exceed sixty days in the calendar year 1928 to veterans of the Spanish-American War for the sole purpose of attending the annual convention of the United Spanish War Veterans and auxiliaries in Havana, Cuba : Provided, however, That this statute shall not be construed to modify the provisions of the Act approved March 3, 1893, the Act approved May 23, 1908, and the Act approved February 28, 1925, limiting the annual leave which may be granted with pay to fifteen or thirty days in any one year, except that any portion of the fifteen or thirty days' leave not granted or used during the calendar year 1927, or the fiscal year 1928, may be allowed to accumulate and be pyramided for the purpose herein specified in addition to the fifteen or thirty days' leave with pay in the calendar year 1928 or the fiscal year 1929 . Approved, April 19, 1928. C H AP. 3 8 5 .-An Act To authorize the President, by and with the advice and consent of the Senate, to appoint Captain George E. Kraul a captain of Infantry, with rank from July 1, 1920. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That, in order to rectify an admitted error of the War Department in the computa- tions of commissio ned service, t he President of the United States be, and he hereby is, authorized to appoint, by and with the advice and consent of the Senate, George E. Kraul a captain of Infantry in the Regular Army of the United States, with rank from July 1, 1920 : Provided, That no back pay or allowances shall accrue as a result of the passage of this Act, and there shall be no increase in the total number of captains of the Regular Army now authorized by law by reason of the passage of this Act. Approved, April 20, 1928.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/486

 SE VENT IETH CONGR ESS. SESS. I. CHs. 386, 387 . 1928 . CHAP. 386 .-An Act Authorizing and directing the Secretary of the Interior to sell certain public lands to the Cabazon Water Company, issue patent therefor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of Am eri ca in Congress as sem bl ed, That the S ecre- tary of the Interior be, and he is hereby, authorized and directed to issue patent to the Cabazon Water Company, a nonprofit corpora- ti on incorporated under the la ws of the St ate of California and mutually owned by the citizens of the community of Cabazon, Rivers ide Coun ty, Cali fornia, for the followin g tract of publi c land situated in the county of Riverside, State of California, to wit The north ha lf of the southwest quarter of section 29 and the sout h half of the so utheast quarter of secti on 20, to wnship 2 south, range 2 east, San Bernardino base and meridian, for wate r-supp ly and water-protection purposes, upon payment therefor of the sum of $1 .25 per acre : Provi ded, That when ever s aid l ands cease to be used for sai d purpos es, then in that event t itle to s aid land s shall revert to the United States upon a finding of such failure by the Secretary of the Interior : Provided further, That said patent shall contain a reservation to the United States of all gas, oil, coal, and ot her mine ral depo sits tha t may be fou nd in su ch l and and the right to the use of the land for extracting same under such rules and regulations as the Secretary of the Interior may prescribe : Provided furthe r, That such patent shall contain a reservation of a right of way over and across said tract for a public road following substan- tially the location of the present roadway through Millard Canyon, sai d right of way t o be det ermined by the S ecretary of the Interior. Approved, April 20, 1928. Description, etc. 435 April 20, 1928. [11. R. 5687.1 [Public, No. 286 .] Publi c land s. Grant to Cabazon Water Company, in Riverside County, Calif., for water supply. Pvovisos. Reversion if not used for wa ter supply, etc. Minerals deposits re- serv ed. Right of way for pub- l ic road rese rved. April 20, 1928. CHAP. 387 .-An Act Authorizing J. C. Norris, as mayor of the city of	[11. R .5721 .1 Augusta, Kentucky, his s ucces sors and assig ns, t o con stru ct, m ainta in, and [Publ ic, No. 287 .1 operate a bridge across the Ohio River at Augusta, Kentucky. Be it enacted by the Senate and House of Representatives of the Ohio River. United States o f America in Congress assembled, That in order to J. C. NorrisasMavor pr omote in terstate commerc e, impro ve the p ostal se rvice, a nd pro- bridge, inc of Ky ., may city limits. vide for military and other purposes, J. C. Norris, as mayor of the city of Augusta, Kentucky, his successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at a point suitable to the interests of navigation between a point in the city limits of Augusta, Kentucky, and a point opposite in Ohio, in accordance with the 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. Right to acquire real SEC. 2. There is hereby conferred upon J. C. Norris, as mayor of estate, etc ., for location, the city of Augus ta, Kentucky, h is successors an d assigns, all su ch approaches, e tc. rights and powers to 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 and terminals as are possessed by railroad cor- poratio ns for r ailroad purposes or by b ridge co rporatio ns for b ridge purpose s in the State i n which such rea l estate or othe r proper ty is situated, upon making just compensation therefor, to be ascertained Condemnation pro . and pai d accord ing to t he laws of such State, a nd the p roceedin gs ceedi ngs . therefor shall be the same as in the condemnation or expropriation of pro perty fo r public purpose s in suc h State. Construction. Vol.34, p. 84. Post, p. 1253.

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/487

 436 SEVENTIETH CONGRESS. SESS. I. CH. 387. 1928 . Tolls authorized. SEC. 3 . The said J. C. Norris, as mayor of the city of Augusta, Kentucky, his successors and assigns, is hereby authorized to fix and char ge tolls for trans it over s uch brid ge, and t he rates of toll s o vol. 34, p.ss. fixed shall be the legal rates until change d by t he Sec retary of Wa r under the authority contained in the Act of March 23, 1906. iz do Acquisition SEC. 4. After the completion of such bridge, as determined by the by Kentucky, Ohio, Secretary of War, either the State of Kentucky, the State of Ohio, etc. any pub lic ag ency, or pol itical subdi vision of eit her of such States within or adj oining which any p art of such b ridge is loc ated, 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 su ch St ates gove rning the acqu isiti on of priv ate prope rty f or Compensation if ac- public purposes by condemnation or expropriation. If at any time quired by condemna- after the expiration of fifteen years after the completion of such tion. bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include Limitations. 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 interest 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 interest in real prop- erty ; and (4) actual expenditures for necessary improvements. To lls under sta te, SEC. 5. If such bridge shall be taken over or acquired by the States etoperation. or public agencies or political subdivisions thereof, or by either of th em, as pr ovided in section 4 of this Act, an d if toll s are the reafter eration, Rates app lie d sinking fund, op- charged for the use thereof, the rates of toll shall be so ad j usted as to etc. provide a fund sufficient to pay for the reasonable cost of maintain- ing, repairing, and operating the bridge and its approaches, under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, as soon as possible under rea- Maintenance as free sonable charges, but within a period of not to exceed twenty years bridge, etc ., after amor- from the date of acquiring the same. After a sinking fund suffi- tizing costs. cient to pay the cost of acquiring the bridge and its approaches shall have been so provided, such bridge shall thereafter be main- tai ned and o perated f ree of to lls, or t he rates of toll s hall ther eafter be so adjusted as to provide a fund not to exceed the amount nec- essary for the proper repair, maintenance, and operation of the Rec ord of e spend i- bridge and its approaches under economical management. An tares and receipts. accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for operating, repairing, and maintaining 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 construction costs, etc ., SEC. 6. J. C. Norris, as mayor of the cit y Augusta, Kentucky, his to be riled, after com- successors and assigns, shall within ninety days after the comple- pletion. tion of such bridge file with the Secretary of War and with the Highway Departments of the States of Ohio and Kentucky, a sworn itemized statement showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing retary of War . Examination by Se c- and promotion costs. The Secretary of War may, and upon request of either of such Highway Departments shall, at any time within three years after the completion of such bridge, investigate such costs and d etermi ne the accur acy an d the r easona blenes s of t he cos ts alleged in the statement of cost so filed, and shall make a finding of the a ctual and re asonab le cos ts of constru cting, finan cing, and pr o- moting such bridge ; for the purpose -of such investigation the said

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/488

 SEVENTIETH CONGRESS. SEss. I. Cns. 387, 392, 393 . 1928 . 437 J. C. Norris, as mayor of the city of Augusta, Kentucky, his suc- ces sors a nd ass igns, shall make a vailab le all its re cords in con nec- Findings of Secretary tion with the construction, financing, and promotion thereof. The conclusive. findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be con- clusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. S EC. 7 . The righ t to sell, assign, transfer, and mo rtgage al l rights, powers, and privileges conferred by this Act is hereby granted to J. C. Norris, as mayor of the city of Augusta, Kentucky, his succes- sors 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 cor- poration or person. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 20, 1928. Right to sell, etc., conferred. Amen dment. April 21, 1928. CHAP. 392.-An Act To amend an Act entitled "An Act to prohibit the 	[H. R . 8309 .] unauthorized wearing, manufacture, or sale of medals and badges awarded by [Public, No . 258 .] the War Department ," approved February 24, 1923. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Act entitled " An Act to prohibit the unauthorized wearing, manufac- ture, or sale of medals and badges awarded by the War Department," approved February 24, 1923 (section 1425, title 10, United States Code), be amended so as to read as follows : "That hereafter the wearing, manufacturing, or sale of the con- gressional medal of honor, distinguished-service cross,'distinguished- service medal, distinguished-flying cross, soldier's medal, or any other decoration or medal which has been, or may be, authorized by Congress for the military forces of the United States, or any of the service medals or badges which have been, or may hereafter be, awarded by the War Department, or the ribbon, button, or rosette of any of the said medals, badges or decorations, of the form as is or may hereafter be prescribed by the Secretary of War, or of any colorable imitation thereof, is prohibited, except when authorized under such regulations as the Secretary of War may prescribe . "Any person who knowingly offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $250 or by imprisonment not exceeding six months, or by both such fine and i mpris onme nt ." Approved, April 21, 1928 . Army medals of honor, etc. Vol . 42, p. 1286, amended . U.S.Code, p.224. Unauthorized, wear- ing, manufacture, etc ., of, authorized by Con- gress, prohibited . Distinguished-flying cro ss, soldier's medal, etc., added . Punishment for . April 21, 1928 . CHAP . 393 .-An Act To amend section 80 of the Judicial Code to create 	[S . 2752 .] a new judicial district in the State of Indiana, and for other purposes . [Public, No. 289 .] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 80 of the Judicial Code, as amended, is amended to read as follows : India na ju dici al di s- " SEC. 80. The State of Indiana shall constitute two judicial triets. districts, to be known as the northern and southern districts of amnded 6, p. 1110' Indiana. United States courts. U. S. Code, p. 850 .

�


text:
Page:United States Statutes at Large Volume 45 Part 1.djvu/489

 438 "A. For the purpose of holding terms of court the southern district of Indiana shall be divided into four divisions, constituted as follows : The Indianapolis division, which shall include the terri tory e mbrace d wit hin th e coun ties o f Bar tholom ew, Bo one, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne ; the Terre Haute division, which shall include the territory embraced within the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigor, the Evansville division, which shall include the territory embraced within the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburg, and Warrick ; and the New Albany division, which shall include the territory embraced within the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington. " B . For the purpose of holding terms of court the northern distri ct shal l be d ivided into th ree di visions, const ituted as fol lows : The Fort Wayne division, which shall include the territory embraced within the counties of Adams, Allen, Blackford, Dekalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley ; the South Bend division, which shall include the territory embraced within the counties of Cass, Elkhart, Fulton, Kosciusko, Laporte, Marshall, Miami, Pulaski, Saint Joseph, Starke, and Wa b a sh ; the Ham mond division, which shall include the t erritory embraced - within the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White . "2. Except as hereinafter in this section provided, terms of the District Court for the Southern District shall be held for the Ind ianapolis div ision at Indi anapolis on th e first Monda ys of May and November of each year ; for the Terre Haute division at Terre Haute on the first Mondays of April and October of each year ; for the Evansville division at Evansville on the second Mondays of April and October of each year ; for the New Albany division at New Albany on the third Mondays of April and October Terms, northern dis- of each year. The terms of the District Court for the Northern District of Indiana shall be held for the Fort Wayne division at Fort Wayne on the first Mondays of April and December of each year ; for the South Bend division at South Bend on the first Mondays of October and February of each year ; for the Hammond division at Hammond on the first Mondays of March and November of each year. When the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin upon the next day following. Terms of the district court shall not be limited to any particular number of days nor shall it be necessary for any term to adjourn by reason of the intervention of the term of court e lsew here ; but the term about to com mence in anot her division m ay be postponed or adjourned over until the business of the court in session is concluded. A grand jury summoned to attend a term of court held in any division of either of the districts as above provided, may i nvestigate an d find an indi ctment or mak e a presentme nt for, any crime or offense committed in the district, whether or not the crime or offense was committed within the division in which the jury is in session. "3 . A. The senior district judge for the district of Indiana in office immediately prior to the passage of this Act shall be the district judge for the southern district as constituted by this Act ; the j unior distric t judge for th e district of Indiana imme diately prior to the passage of this Act shall be the district judge for the South ern d istr ict . Ind ianapolis div ision . Terre Haute division . Evansville division . New Albany div i- s ion . Northern district . Fort wayne division. Sou th Bend divi sion . trict Hamm ond divisio n . Terms, southern dis- trict. Allowance for holi- days . Gr and jury may in- vestigate, et e ., crimes committed in another division . Sen ior judg e to be judge for southern dis- trict . Junior, f or northern district. SEVENTIETH CONGRESS . SESS. I. CH. 393. 1928.

�