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SEC. 6. That the said bridge shall be so kept and managed at all times as not to interfere with the passage of vessels, barges, or rafts, both by day and by night, and there shall be displayed on said bridge by the owners thereof, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe.

SEC. 7. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced in one year and completed within three years from the date hereof.

Lights, etc.

Time of construc

tion.

SEC. 8. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, June 30, 1902.

CHAP. 1322.-An Act To authorize the construction of a bridge across the Emory River, in the State of Tennessee, by the Tennessee Central Railway or its successors. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Tennessee Central Railway, a corporation created and organized under the laws of the State of Tennessee, and its successors be, and it and they are hereby, authorized to construct and maintain a bridge and approaches thereto over the Emory River, in the State of Tennessee, at such point at or near the city of Harriman as said company or its successors may deem suitable for the passage of its or their railroad over said river.

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Lawful structure and post route.

SEC. 2. That said bridge shall be constructed for the passage of railway trains, and shall be a lawful structure, and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads leading to the said bridge, and shall enjoy the rights and privileges of other post roads in the United States, and Telegraph, etc., equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph and telephone purposes.

rights.

Secretary of War to

Map.

SEC. 3. That said bridge shall be built, and located under and subject approve plans, etc. to such regulations for the security of navigation of such river as the Secretary of War shall prescribe; and to secure that object the company building the said bridge shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location thereof, and until the said plan and location are approved by the Secretary of War the said bridge shall not be commenced or built, and no changes shall be made in said bridge dur- Changes. ing the progress of construction, or after completion, unless approved by the Secretary of War; and the said company shall, at its own expense, make from time to time such changes in said bridge as the Secretary of War may order in the interests of navigation: Provided, Proviso That if said bridge shall be built as a drawbridge the draw shall be opened promptly upon reasonable signal for the passage of all water craft; and upon whatever kind of bridge is constructed the said company shall maintain, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe.

Opening draw.

Lights, etc.

Use by other com

panies."

Failure to agree.

SEC. 4. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges in the passage Compensation. of railroad trains over the same and the approaches thereto upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies or any one of them desiring such use shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in the use of said bridge, all matters at issue between them shall be

Secretary of War to approve plans, etc.

Unobstructed navi

gation.

Changes.

Railroad, wagon, and foot bridge.

Toll.

Proviso.

Use by other companies.

Compensation.

Failure to agree.

Post route.

Telegraph,

rights.

said bridge, when built in accordance with the requirements of this Act, shall be a legal structure, and may be used for either or both railroad purposes or as a highway for the passage of persons, vehicles, and passenger cars.

SEG. 2. That the bridge authorized to be constructed under this Act shall be located and built under and subject to such requirements for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the bridge company shall submit to the Secretary of War, for his examination and approval, a design and drawing for the bridge and a map of the location, giving for a space of one mile the depth and current of the river at all points, and the location of any other bridge or bridges, together with all other information touching said bridge and river as may be requisite for the Secretary of War to determine whether said bridge, when built, will conform to the provisions of this Act and cause no serious obstruction to the navigation of the river or injuriously affect the flow of water.

SEC. 3. That the Secretary of War is hereby authorized and directed, upon receiving said plan and map, and upon being satisfied that a bridge built upon said plan and at said location will conform to the provisions of this Act and cause no serious obstruction to the navigation of the river or injuriously affect the flow of water, to notify the said company that he approves the same, and upon receiving said notification the said company may proceed to the erection of the said bridge, conforming strictly to the approved plan and location; and until the Secretary of War shall approve the plan and location of the said bridge and notify the said company, in writing, a bridge shall not be built or commenced; and should any change be made in the plan of the bridge during the progress of the work thereon, or after completion, such change shall be subject likewise to the approval of the Secretary of War. And any changes in said bridge which the Secretary of War may at any time deem necessary, and order in the interests of navigation, shall be made by the owners thereof at their own expense.

SEC. 4. That said bridge, at the option of the said West Elizabeth and Dravosburg Bridge Company, may be so constructed that the same can be used for the passage of wagons and vehicles of all kinds, and passenger cars, and for the transit of animals and foot passengers over the same, and also, in addition to these purposes, may be used for railroad purposes; and the company maintaining the same shall have the right to charge such reasonable rates for toll as bridge companies are authorized to collect under the laws of the State of Pennsylvania: Provided, That if said bridge shall be constructed for railroad purposes, all railroad companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railroad trains or cars over the same upon the payment of a reasonable compensation for such use, and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

SEC. 5. That any bridge constructed under this Act shall be known as a post road, over which no higher charge shall be made for the transportation of mails, troops, and munitions of war, or other property of the United States, than the rate per mile charged for their etc., transportation over the public highways leading to said bridge. The United States shall also have the right of way over said bridge for postal-telegraph purposes, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies.

SEC. 6. That the said bridge shall be so kept and managed at all times Lights, etc. as not to interfere with the passage of vessels, barges, or rafts, both by day and by night, and there shall be displayed on said bridge by the owners thereof, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe.

SEC. 7. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced in one year and completed within three years from the date hereof.

Time of construc

tion.

SEC. 8. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, June 30, 1902.

June 30, 1902.

[Public, No. 199.]

Emory River, Tenn.
Tennessee Central

CHAP. 1322.-An Act To authorize the construction of a bridge across the Emory River, in the State of Tennessee, by the Tennessee Central Railway or its successors. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Tennessee Central Railway, a corporation created and organized under the laws of the Railway may bridge State of Tennessee, and its successors be, and it and they are hereby, authorized to construct and maintain a bridge and approaches thereto over the Emory River, in the State of Tennessee, at such point at or near the city of Harriman as said company or its successors may deem suitable for the passage of its or their railroad over said river.

at Harriman.

Lawful structure and post route.

SEC. 2. That said bridge shall be constructed for the passage of railway trains, and shali be a lawful structure, and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads leading to the said bridge, and shall enjoy the rights and privileges of other post roads in the United States, and Telegraph, etc., equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge and its approaches for postal telegraph and telephone purposes.

rights.

Secretary of War to

Map.

SEC. 3. That said bridge shall be built, and located under and subject approve plans, etc. to such regulations for the security of navigation of such river as the Secretary of War shall prescribe; and to secure that object the company building the said bridge shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location thereof, and until the said plan and location are approved by the Secretary of War the said bridge shall not be commenced or built, and no changes shall be made in said bridge dur- Changes. ing the progress of construction, or after completion, unless approved by the Secretary of War; and the said company shall, at its own expense, make from time to time such changes in said bridge as the Secretary of War may order in the interests of navigation: Provided, That if said bridge shall be built as a drawbridge the draw shall be opened promptly upon reasonable signal for the passage of all water craft; and upon whatever kind of bridge is constructed the said comFany shall maintain, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe.

Proviso.
Opening draw.

Lights, etc.

Use by other com-
Compensation.

Failure to agree.

SEC. 4. That all railroad companies desiring the use of said bridge panies. shall have and be entitled to equal rights and privileges in the passage of railroad trains over the same and the approaches thereto upon payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies or any one of them desiring such use shall faii to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in the use of said bridge, all matters at issue between them shall be

Time of construc

tion.

Amendment.

decided by the Secretary of War upon a hearing of the allegations and proofs of the parties.

SEC. 5. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within two years from the date of the approval of this Act. SEC. 6. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 30, 1902.

June 30, 1902.

[Public, No. 200.]

Five Civilized Tribes.

ment with Creeks ratified.

CHAP. 1323.-An Act To ratify and confirm a supplemental agreement with the Creek tribe of Indians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Commission to the States of America in Congress assembled, That the following suppleSupplemental agree- mental agreement, submitted by certain commissioners of the Creek tribe of Indians, as herein amended, is hereby ratified and confirmed on the part of the United States, and the same shall be of full force and effect if ratified by the Creek tribal council on or before the first day of September, nineteen hundred and two, which said supplemental agreement is as follows:

United States commissioners.

ers.

This agreement by and between the United States, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tams Bixby, Thomas B. Needles, and Clifton R. BreckenIndian commission- ridge, duly appointed and authorized thereunto, and the Muskogee (or Creek) Tribe of Indians, in Indian Territory, entered into in behalf of the said tribe by Pleasant Porter, principal chief, Roley McIntosh, Thomas W. Perryman, Amos McIntosh, and David M. Hodge, commissioners duly appointed and authorized thereunto, witnesseth, that in consideration of the mutual undertakings herein contained it is agreed as follows:

Definitions of terms.

DEFINITIONS.

The words "Creek" and "Muskogee" as used in this agreement shall be deemed synonymous, and the words "Nation" and "tribe" shall each be deemed to refer to the Muskogee Nation or Muskogee tribe of Indians in Indian Territory. The words "principal Chief" shall be deemed to refer to the principal chief of the Muskogee Nation. The words "citizen" or "citizens" shall be deemed to refer to a member or members of the Muskogee tribe or nation of Indians. The word "Commissioner" shall be deemed to refer to the United States Commission to the Five Civilized Tribes.

Allotment of lands.
Vol. 31, p. 862.

Limit of appraisement per acre.

Appraisements.

ALLOTMENT OF LANDS.

2. Section 2 of the agreement ratified by act of Congress approved March, 1901 (31 Stat. L., 861), is amended and as so amended is reenacted to read as follows:

All lands belonging to the Creek tribe of Indians in Indian Terriș tory, except town sites and lands reserved for Creek schools and churches, railroads, and town cemeteries, in accordance with the provisions of the act of Congress approved March 1, 1901 (31 Stat. L., 861), shall be appraised at not to exceed $6.50 per acre, excluding only lawful improvements on lands in actual cultivation.

Such appraisement shall be made, under the direction and supervision of the Commission to the Five Civilized Tribes, by such number of committees with necessary assistance as may be deemed necessary to expedite the work, one member of each committee to be appointed

proval.

by the principal chief. Said Commission shall have authority to revise Revision and apand adjust the work of said committees; and if the members of any committee fail to agree as to the value of any tract of land, the value thereof shall be fixed by said Commission. The appraisement so made shall be submitted to the Secretary of the Interior for approval.

3. Paragraph 2 of section 3 of the agreement ratified by said act of Congress approved March 1, 1901, is amended and as so amended is reenacted to read as follows:

If any citizen select lands the appraised value of which is $6.50 per acre, he shall not receive any further distribution of property or funds of the tribe until all other citizens have received lands and moneys equal in value to his allotment.

4. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes to determine, under the direction of the Secretary of the Interior, all controversies arising between citizens as to their right to select certain tracts of land.

was

Allotments.
Vol. 31, p. 862.

Equitable allot ments..

Jurisdiction of the Commission.

Correction of errors made in selecting

Cancellation of allotment certificate.

Contests.

5. Where it is shown to the satisfaction of said Commission that it the intention of a citizen to select lands which include his home and lands. improvements, but that through error and mistake he had selected land which did not include said home and improvements, said Commission is authorized to cancel said selection and the certificate of selection or allotment embracing said lands, and permit said citizen to make a new selection including said home and improvements; and should said land Lapse of time nonincluding said home and improvements have been selected by any other prejudicial citizen of said nation, the citizen owning said home and improvements shall be permitted to file, within ninety days from the ratification of this agreement, a contest against the citizen having previously selected the same and shall not be prejudiced therein by reason of lapse of time or any provision of law or rules and regulations to the contrary.

DESCENT AND DISTRIBUTION.

6. The provisions of the act of Congress approved March 1, 1901 (31 Stat. L., 861), in so far as they provide for descent and distribution according to the laws of the Creek Nation, are hereby repealed and the descent and distribution of land and money provided for by said act shall be in accordance with chapter 49 of Mansfield's Digest of the Statutes of Arkansas now in force in Indian Territory: Provided, That only citizens of the Creek Nation, male and female, and their Creek descendents shall inherit lands of the Creek Nation: And provided further, That if there be no person of Creek citizenship to take the descent and distribution of said estate, then the inheritance shall go to noncitizen heirs in the order named in said chapter 49.

ROLLS OF CITIZENSHIP.

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Rolls of citizenship..
Vol. 31, p. 869.

Allotment, etc., to

7. All children born to those citizens who are entitled to enrollment as provided by the act of Congress approved March 1, 1901 (31 Stat. L., 861), subsequent to July 1, 1900, and up to and including May 25, 1901, and living upon the latter date, shall be placed on the rolls made by said commission. And if any such child has died since May 25, descend to heirs. 1901, or may hereafter die before receiving his allotment of lands and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall descend to his heirs as herein provided and be allotted and distributed to them accordingly.

Children not listed for enrollment, etc.

8. All children who have not heretofore been listed for enrollment living May 25, 1901, born to citizens whose names appear upon the authenticated rolls of 1890 or upon the authenticated rolls of 1895 and entitled to enrollment as provided by the act of Congress approved March 1, 1901 (31 Stat. L., 861), shall be placed on the rolls made by said commission. And if any such child has died since May 25, 1901, ment.

Death before allot

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