June 25, 1868. CHAP. LXXVIII. An Act appropriating Money to sustain the Indian Commission, and carry out Treaties made thereby. Be it enacted by the Senate and House of Representatives of the United Appropriation States of America in Congress assembled, That for the purpose of carryfor Indian commission and ing out treaty stipulations with various Indian tribes, and defraying the treaties. expenses and disbursements made by the commission authorized by the 1867, ch. 82. act of July twenty, eighteen hundred and sixty-seven, entitled "An act Ante, p. 17. to establish peace with certain hostile Indian tribes, during the year eighteen hundred and sixty-eight," the sum of one hundred and fifty thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended under the direction of said commission. APPROVED, June 25, 1868. June 25, 1868. CHAP. LXXIX. An Act to change the Times of holding the District and Circuit Courts of the United States in the several Districts in the State of Tennessee. cuit and district courts in Tennessee. Be it enacted by the Senate and House of Representatives of the United Terms of cir- States of America in Congress assembled, That the circuit and district courts for the district of East Tennessee shall hereafter be held at Knoxville, on the second Mondays of January and July in each year; and for the district of Middle Tennessee, at Nashville, on the third Mondays of April and October of each year; and for the district of West Tennessee, at Memphis, on the fourth Mondays of May and November, of each year; and that all recognizances, indictments, or other proceedings, civil and criminal, now pending or returnable in said courts, shall be entered in court and be heard and tried according to the times of holding said courts as herein provided. This act shall take effect from and after the first Monday in July, eighteen hundred and sixty-eight. APPROVED, June 25, 1868. When act takes effect. June 25, 1868. 1866, ch. 242, §6. Vol. xiv. p. 241. Time of completion of railroad and telegraph. June 25, 1868. Court to act as Chief Justice in CHAP. LXXX.- An Act to amend an Act entitled "An Act granting Lands to aid in the Construction of a Railroad and Telegraph Line from the Central Pacific Railroad, in California, to Portland, in Oregon. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of an act entitled "An act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, in Oregon," approved July twenty-fifth, eighteen hundred and sixtysix, be so amended as to provide that instead of the times now fixed in said section, the first section of twenty miles of said railroad and telegraph shall be completed within eighteen months from the passage of this act, and at least twenty miles in each two years thereafter, and the whole on or before the first day of July, anno Domini eighteen hundred and eighty. APPROVED, June 25, 1868. CHAP. LXXXI. -An Act relating to the Supreme Court of the United States. Be it enacted by the Senate and House of Representatives of the United Senior justice States of America in Congress assembled, That in case of a vacancy in of the Supreme the office of Chief Justice of the Supreme Court of the United States, or of his inability to discharge the powers and duties of the said office, the same shall devolve upon the associate justice of said court whose commission is senior in time, until such inability shall be removed or another appointment shall be duly made and the person so appointed shall be duly qualified, and this act shall apply to every person succeeding to the office of Chief Justice pursuant to its provisions. case of his in ability or of vacancy. APPROVED, June 25, 1868. CHAP. LXXXII. An Act to authorize the Secretary of the Treasury to change the June 25, 1868. Names of certain Vessels. to be called Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury The yacht be, and hereby is, authorized to change the name of the yacht "W. W. "W. W. Abell," Abell," owned by James Lloyd Greene, of Norwich, Connecticut, adminis- "Ethel," and the trator of the estate of Benjamin D. Greene, late of said Norwich, deceased, "L'Hirondelle " and John Jeffries, jr., of Boston, Mass., to that of "Ethel;" and also to change the name of the yacht "L'Hirondelle," owned by James Gordon Bennette, jr., of the city of New York, to that of "Dauntless," and to grant said vessels registers in said respective names; the said vessels being pleasure yachts only, and not engaged in commercial or other busi ness. APPROVED, June 25, 1868. to be named Dauntless." 66 CHAP. CXVII. · An Act relating to contested Elections in the City of Washington, June 27, 1868. District of Columbia. cate of election Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any person has Persons rereceived or shall hereafter receive a certificate from the register of the ceiving a certificity of Washington, based upon satisfactory evidence furnished by the from register of commissioners of election, notifying him of his election to any elective city of Washingoffice of said city, the person receiving such notification shall be entitled ton, to be ento enter upon the discharge of the duties of his office, and the certificate upon duties of of the register shall be prima facie evidence of his election to, and right office. to discharge the duties of, said office. titled to enter SEC. 2. And be it further enacted, That any person who shall hinder Penalty for or obstruct a person holding the certificate of election mentioned in the hindering or obstructing such foregoing section from entering upon or discharging the duties of such office, shall be deemed guilty of a misdemeanor, and upon conviction entering upon thereof, in any court of competent jurisdiction, shall be fined in any sum duties of office. or discharging not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both said punishments in the discretion of the court. SEC. 3. And be it further enacted, That the supreme court of the District of Columbia, or any judge thereof, shall have jurisdiction to enforce, by mandamus, or otherwise, the right of any person holding the certificate mentioned in the first section of this act. Rights of persons holding certificates may be enforced by mandamus. Persons claim court of District, &c. Proceedings. SEC. 4. And be it further enacted, That any person who claims, or shall hereafter claim, to be elected to any elective office in said city, may ing to be elected commence proceedings before the said supreme court of the District of to any office in city of WashingColumbia, by petition setting forth the facts upon which he relies, and ton, may apply shall serve a copy on the incumbent or person who has received the cer- to supreme tificate of election; and the person so served shall make answer to said petition within five days; and said court shall thereupon try the rights of the parties to said office in a summary manner; and for that purpose a special session shall be called and held whenever necessary for the purposes of such trial; and the decision of said court in any case so brought before it shall be final and conclusive, And when the legal organization of the board of aldermen or board of common council shall be delayed on make temporary account of any contest in relation to the election of any member of either appointments, of said boards, the mayor of said city is hereby authorized to make tem- when legal or ganization of porary appointments of all subordinate officers whose appointment or certain boards election is authorized by the said mayor and members of said boards is delayed. VOL. XV. PUB. - 6 Mayor may July 3, 1868. Terms of dis trict court in southern dis trict of Illinois. under existing laws, to continue until said boards shall be legally organized. SCHUYLER COLFAX, Speaker of the House of Representatives. B. F. WADE, President of the Senate pro tempore. Indorsed by the President: "Received June 16, 1868." [NOTE BY THE DEPARTMENT OF STATE. The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] CHAP. CXVIII. — An Act for holding Terms of the District Court of the United States for the southern District of Illinois at the City of Cairo, in said State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in addition to the terms of the district court of the United States for the southern district of Illinois, now required by law to be held at the city of Springfield, terms of said court shall hereafter be held at the city of Cairo, in said State, commencing on the first Mondays of March and October in each July 4, 1868. CHAP. CXXXI. · An Act confirming the Title to a Tract of Land in Burlington, Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the title of the United United States to States in and to a certain tract of land in the city of Burlington, Des Title of the certain land in Burlington, to the "Inde District." Moines county, in the State of Iowa, described as being west of lot numIowa, confirmed ber nine hundred and seventy-eight in said city, south of Valley Street, pendent School west of Boundary Street, and north of Market Street, and which was originally reserved from sale by the United States and dedicated to public burial purposes, be, and the same is hereby, confirmed to and vested in the "Independent School District" of said city, to be forever dedicated to and used by said school district for public school purposes and for no other use or purpose whatever. July 6, 1868. Bridge across Black River in Draw. Act may be altered, &c. APPROVED, July 4, 1868. CHAP CXXXIV. - An Act to authorize the Construction of a Bridge over the Black Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the county commissioners of the county of Lorain and State of Ohio to build a bridge across the Black River near the village of Black River, in said county, at the point where the county road leading east from said village crosses said stream: Provided, That there shall be placed in said bridge a draw of not less than one hundred and forty feet in width, with a centre abutment not to exceed twenty-five feet wide and ten feet above the water-line, leaving a passage on each side of the abutment of not less than fifty-seven feet in width, and so constructed as not to impede the navigation of said river, and allow the easy passage of vessels through said bridge. SEC. 2. And be it further enacted, That the right to alter or amend this act, so as to prevent or remove all material obstructions to the navigation of said river by the construction of said bridge, is hereby expressly reserved. APPROVED, July 6, 1868. CHAP. CXXXV. — -An Act to continue the Bureau for the Relief of Freedmen and July 6, 1868. Refugees, and for other Purposes. Bureau for re Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act lief of freedmen to establish a bureau for the relief of freedmen and refugees," approved and refugees March three, eighteen hundred and sixty-five, and the act entitled "An continued for act to continue in force and to amend An act to establish a bureau one year and reestablished for the relief of freedmen and refugees,' and for other purposes," where discontinpassed on the sixteenth of July, anno Domini eighteen hundred and sixtysix, shall continue in force for the term of one year from and after the sixteenth of July, in the year one thousand eight hundred and sixty-eight, excepting so far as the same shall be herein modified. And the Secretary of War is hereby directed to re-establish said bureau where the same has been wholly or in part discontinued: Provided, [That] he shall be satisfied that the personal safety of freedmen shall require it. ned, if, &c. discontinued in SEC. 2. And be it further enacted, That it shall be the duty of the Bureau to be Secretary of War to discontinue the operations of the bureau in any any State, when, State whenever such State shall be fully restored in its constitutional re- &c. lations with the government of the United States, and shall be duly represented in the Congress of the United States, unless, upon advising with the commissioner of the bureau, and upon full consideration of the condition of freedmen's affairs in such State, the Secretary of War shall be of opinion that the further continuance of the bureau shall be necessary: Provided, however, That the educational division of said bureau shall not be affected, or in any way interfered with, until such division not af State shall have made suitable provision for the education of the children of freedmen within said State. SEC. 3. And be it further enacted, That unexpended balances in the hands of the commissioner, not required otherwise for the due execution of the law, may be, in the discretion of the commissioner, applied for the education of freedmen and refugees, subject to the provisions of laws applicable thereto. Educational fected until, &c Unexpended balances how applied. Officers of Veteran Reserve &c. of such of SEC. 4. And be it further enacted, That officers of the veteran reserve corps or of the volunteer service, now on duty in the freedmen's Corps and of bureau as assistant commissioners, agents, medical officers, or in other volunteers now capacities, who have been or may be mustered out of service, may be reon duty, &c. may be retained, tained by the commissioner, when the same shall be required for the when, &c. proper execution of the laws, as officers of the bureau, upon such duty and with the same pay, compensation, and all allowances, from the date of their appointment, as now provided by law for their respective grades and duties at the dates of their muster-out and discharge; and such offi- " Authority," cers so retained shall have, respectively, the same authority and jurisdic- ficers. tion as now conferred upon "officers of the bureau" by act of Congress passed on the sixteenth of July, in the year eighteen hundred and sixty-six. SEC. 5. And be it further enacted, That the commissioner is hereby empowered to sell for cash, or by instalments with ample security, school ings, &c. may be buildings and other buildings constructed for refugees and freedmen by the bureau, to the associations, corporate bodies, or trustees who now use them for purposes of education or relief of want, under suitable guarantees that the purposes for which such buildings were constructed shall be observed: Provided, That all funds derived therefrom shall be returned to the bureau appropriation and accounted for to the treasury of the United States. Indorsed by the President: "Received June 24th, 1868." School build sold. Proceeds of sales. July 7, 1868. 1792, ch. 1, § 5. Vol. i. p. 290. [NOTE BY THE Department of STATE. - The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the constitution of the United States, has become a law without his approval.] CHAP. CXXXVI. An Act to incorporate the Congregation of the First Presbyterian Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Francis H. Smith, N. P. Chipman, Otis C. Wight, A. D. Robinson, Zenas C. Robbins, and their associates, who are now, or may hereafter become members of the congregation of the First Presbyterian Church of Washington, in the District of Columbia, under the rules, regulations, or by-laws of the same, be, and they are hereby, created a body corporate, under the name of "The Congregation of the First Presbyterian Church of Washington," and as such shall have perpetual succession, may purchase, hold, and convey personal and real estate, make contracts, sue and be sued, plead and be impleaded, and may generally exercise and enjoy all such powers as are usually vested in corporations, and as may be necessary or incident to sustaining religious worship, Sabbath schools, missionary, and charitable enterprises in the District of Columbia, and no others; and said corporation shall be exempt from any taxes to be assessed upon their corporate property under the authority of Congress, or of the city or county of Washington: Provided, That the value of all property so exempt shall not exceed two hundred thousand dollars. SEC. 2. And be it further enacted, That the title to any lands, buildings, and property heretofore conveyed to said congregation, or to any person or persons for the use and benefit of the same, or of the said First Presbyterian Church, is hereby vested in and confirmed to said corporation. SEC. 3. And be it further enacted, That it shall be lawful for said congregation, at its first meeting subsequent to the passage of this act, to be held at such time and place as the persons named in the first section of this act may designate, by a majority of the members present, to adopt such by-laws as they may deem expedient, regulating the government of said corporation, prescribing the number, character, and duties of their officers, and the manner of their election, defining the terms on which persons may become, or cease to be, members of said corporation, and providing in all things for the holding and disposal and conveyance of its real and personal estate, and for the management of said congregation, which by-laws may be amended or repealed from time to time, under such regulations as said congregation may adopt: Provided, That no bylaws shall be adopted or remain in force inconsistent with the government and laws of the United States, or with the constitution and authority of the Presbyterian church in the United States of America. SEC. 4. And be it further enacted, That Congress reserves the right to alter, amend, or abolish this charter at pleasure. APPROVED, July 7, 1868. CHAP. CXXXVII. - An Act to amend section five of an Act entitled "An Act concern ing the registering and recording of Ships or Vessels," approved December thirty-one, seventeen hundred and ninety-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an act entitled "An act concerning the registering and recording of ships or vessels," approved December thirty-one, seventeen hundred and ninetytificate of regis- two, be, and the same is hereby, repealed. Repeal of law requiring oath of other owners than the applicant for cer try. APPROVED, July 7, 1868. |