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cess of appropriations

vent deficiencies.

"SEC. 3679. No Executive Department or other Government estab- Expenditures in exlishment of the United States shall expend, in any one fiscal year, any forbidden. sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obligation is authorized by law. Nor shall any Depart- Voluntary service. ment or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. All appropriations Allotments to premade for contingent expenses or other general purposes, except appropriations made in fulfillment of contract obligations expressly authorized by law, or for objects required or authorized by law without reference to the amounts annually appropriated therefor, shall, on or before the beginning of each fiscal year, be so apportioned by monthly or other allotments as to prevent expenditures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made; and all such apportionments Exceptions in emershall be adhered to and shall not be waived or modified except upon the happening of some extraordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this provision shall not apply to the contingent Appropriations for appropriations of the Senate or House of Representatives; and in case said apportionments are waived or modified as herein provided, the quired. same shall be waived or modified in writing by the head of such Executive Department or other Government establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connection with estimates for any additional appropriations required on account thereof. Any person violating any provision of this section shall be Penalty for viola summarily removed from office and may also be punished by a fine of not less than one hundred dollars or by imprisonment for not less than one month."

Approved, February 27, 1906.

gencies.

Congress.
Written orders re-

tions.

CHAP. 511.--An Act To validate certain certificates of soldiers' additional homestead right.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the certificates of soldiers' additional homestead right, under section twenty-three hundred and six, Revised Statutes of the United States, issued by the Commissioner of the General Land Office in May, eighteen hundred and ninetysix, under authority of the Act of Congress of August eighteenth, eighteen hundred and ninety-four, to M. J. Wine, assignee of Thomas O. George, Moses Roley, Andrew A. Harrison, William Bohanan, Leland L. Betterton, James R. Blades, John Pendleton, Charles M. Blair, Elbert S. Wittenberg, William D. Reynolds, John M. Walker, and Caleb Sill, be, and the same are hereby, made valid.

Approved, March 3, 1906.

VOL XXXIV, PT. 1- 4.

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CHAP. 512.-An Act Legalizing the removal of the county seat of Washita County, Oklahoma Territory.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the action of the majority of the electors of Washita County, Oklahoma Territory, as determined by an election held on the seventh day of August, anno Domini nineteen hundred, for the purpose of removing the county seat of said county from the town of Cloud Chief to the town of New Cordell, in said county, be, and the same is hereby, in all things ratified and confirmed, and the county seat of said county is hereby declared to be at the said town of New Cordell.

Approved, March 3, 1906.

March 3, 1906. [H. R. 12614.] [Public, No. 31.]

Name of part of T

CHAP. 513.—An Act To change the name of a portion of T street to California street.

Be it enacted by the Senate and House of Representatives of the United District of Columbia. States of America in Congress assembled, That from and after the passtreet changed to sage of this Act the thoroughfare extending from Columbia road west to Massachusetts avenue extended, formerly named "California avenue," and now designated as "T street," shall be known and designated as "California street."

California street.

Approved, March 3, 1906.

March 5, 1906. [H. R. 13308.]

[Public, No. 32.]

Arkansas River.

Jefferson County

Bluff, Ark.

CHAP. 514.-An-Act To authorize the construction of a bridge across the Arkansas River at Pine Bluff.

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 may bridge, at Pine Jefferson County, Arkansas, its successors or assigns, to construct a bridge across the Arkansas River at a point to be approved by the Secretary of War, on the Arkansas River, at Pine Bluff, in the county Railroad, wagon, of Jefferson and State of Arkansas; that said bridge may be constructed for railway and postal service, and a passage for persons, vehicles, and traffic, with single or double track for railway traffic, for street railway service, with single or double track therefor.

and foot bridge.

Secretary of War to approve plans, etc.

Changes.

SEC. 2. That the bridge authorized to be constructed under this Act shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object said Jefferson County shall submit to the Secretary of War a design and drawing of said bridge for his examination and approval, and a map of its location, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until said plan and location of said bridge are approved by the Secretary of War said bridge shall not be commenced or built; and should any change be made in the plan of said bridge during the progress of the work of construction, or after completion, such change shall be subject to the approval of the Secretary of War: Provided, That if the bridge herein authorized be built as a drawbridge, the draw shall be opened promptly, upon reasonable signal, for the passage of boats; and whatever kind of a bridge is built the said Jefferson County shall maintain thereon, from sunset to sunrise, such lights or other signals as the Light-House Board shall preUse by other roads. Scribe. That all traction, steam, or other railroad companies desiring to use said bridge shall have, and be entitled to, equal rights and privileges in the passage of the same, and the use of the machinery and fixtures thereof, and of all approaches thereto, upon the payment of

Proviso.
Opening draw.

Lights, etc.

such tolls, and under and upon such terms and conditions as may be Tolls.
agreed upon by the parties in writing, or as shall be prescribed by the
Secretary of War, upon hearing the allegations and proofs of the
parties in case they shall not agree.

Lawful structure

and post route.

SEC. 3. That any bridge built under this Act, and subject to its limitations, shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge; and it shall enjoy the rights and privileges of other post routes of the United States, and the United States shall have the right of way across such bridge for postal, telegraph, and telephone purposes, and equal Telegraph, etc., privileges in the use of said bridge shall be granted to all telegraph and telephone companies.

SEC. 4. That said bridge shall be so constructed as to provide for the passage of persons, wagons, and other vehicles, and no charge or toll shall be collected therefor.

rights.

Free use by wagons and persons.

SEC. 5. That said bridge shall be constructed to provide for the Charges for cars. passage of railway cars, street railway cars, and motor cars at equal and reasonable charges therefor.

SEC. 6. That this Act shall be null and void if actual construction

Time of construc

tion.

of the bridge herein authorized be not commenced within one year and completed within three years from the date of approval thereof. SEC. 7. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, March 5, 1906.

CHAP. 515.—An Act To amend an Act entitled "An Act authorizing the Kensington and Eastern Railroad Company to construct a bridge across the Calumet River," approved February seventh, nineteen hundred and five.

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 authorizing the Kensington and Eastern Railroad Company to construct a bridge across the Calumet River," approved February seventh, nineteen hundred and five, be amended so as to read as follows:

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Time of construction.

"SEC. 5. That the right to alter, amend, or repeal this Act is expressly Amendment. reserved; and this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the first day of February, nineteen hundred and six."

Approved, March 5, 1906.

March 5, 1906. [S. 4482.] [Public, No. 34.]

Cumberland River.
Time extended for

bridging, by Carthage,

CHAP. 516.-An Act To amend an Act entitled "An Act authorizing the construction of a bridge across the Cumberland River at or near Carthage, Tennessee." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of the Act approved March second, nineteen hundred and one, authorizing the construction of a bridge across the Cumberland River at or near Carthage, Tennessee, be, and is hereby, so amended as to extend the time 32, p. 925; Vol. 33, p. for commencing the construction of said bridge to one year and for the completion of said bridge to three years from the date of the approval of this Act.

Approved, March 5, 1906.

Tenn.

Vol. 31, p. 958; Vol.

313.

March 6, 1906 [H. R. 297.]

[Public, No. 35.]

Dams at Muscle

ized.

Post, p. 1094.

CHAP. 517.-An Act To authorize the construction of dams and power stations on the Tennessee River at Muscle Shoals, Alabama.

Be it enacted by the Senate and House of Representatives of the United Tennessee River. see Riversele States of America in Congress assembled, That any person, company, Shoals, Ala., author- or corporation having authority therefor under the laws of the State of Alabama may hereafter erect, maintain, and use a dam or dams in or across the Tennessee River, in the State of Alabama, at such points at Muscle Shoals as they may elect, and the Secretary of War may approve, between a point on the southern side of the river opposite to, or below the head or opening of the canal constructed by the United States on the north side of the river, on the east, and the western line Construction, etc., of section sixteen, township three, range ten on the west, for the purpose of erecting, operating, and maintaining power station and to maintain inlet and outlet races or canals and to make such other improvements on the southern bank of the Tennessee River, between the two points above mentioned, as may be necessary for the development of water power and the transmission of the same, subject always to the provisions and requirements of this Act, and to such conditions and stipulations as may be imposed by the Chief of Engineers and the Secretary of War for the protection of navigation and the property and other interests of the United States.

of power stations.

Secretary of War to approve plans, etc.

Provisos.

Unobstructed navi

gation.

Restrictions.

Locks, etc.

Proviso.

Damages.

SEC. 2. That detailed plans for the construction and operation of a dam or dams and other appurtenant and necessary works shall be submitted by the person, company, or corporation desiring to construct the same to the Chief of Engineers and the Secretary of War, with a map showing the location of such dam or other structures with such topographical and hydrographic data as may be necessary for a satisfactory understanding of the same, which must be approved by the Chief of Engineers and the Secretary of War before work can be commenced on said dam or dams or other structures; and after such approval of said plans, no deviation whatsoever therefrom shall be made without first obtaining the approval of the Chief of Engineers and the Secretary of War: Provided, That the constructions hereby authorized do not interfere with the navigation of Muscle Shoals Canal or the navigation of the Tennessee River: And provided further, That said dam or dams and works shall be limited only to the use of the surplus water of the river, not required for the navigation of the Muscle Shoals Canal or the Tennessee River, and that no structures shall be built and no operations conducted by those availing themselves of the provisions of this Act which shall injure or interfere with the navigation of the Muscle Shoals Canal or impair the usefulness of any improvement made by the Government in the interest of navigation.

SEC. 3. That the Government of the United States reserves the right, at any time that the improvement of the navigation of the Tennessee River demands it, to construct, maintain, and operate, in connection with any dam or other works built under the provisions of this Act, suitable lock or locks or any other structures for navigation purposes, and at all times to control such dam or dams or other structures, and the level of the pool caused by such dam or dams, to such an extent as may be necessary to provide facilities for navigation; and whenever Congress shall authorize the construction of such lock or other structures, the person, company, or corporation owning and controlling such dam or dams or other structures shall convey to the United States, under such terms as Congress shall prescribe, titles to such land as may be required for the use of such lock and approaches, and in addition thereto shall grant to the United States, free of cost, the free use of water power for building and operating such constructions: Provided also, That the person, company, or corporation building, maintaining, or operating any dam or dams or other structures under the provisions of this Act shall be liable for any damage that may be inflicted thereby

upon private property, either by overflow or otherwise, in a court of
competent jurisdiction. The person, company, or corporation owning Lights, etc.
or operating any such dam shall maintain, at their own expense, such
lights and other signals thereon and such fish ways as the Secretary of
Commerce and Labor shall prescribe.

SEC. 4. That all the rights acquired under this Act shall cease and be determined if the person, company, or corporation acquiring such right shall at any time fail to comply with any of the provisions or requirements of this Act, or with any of the stipulations that may be prescribed by the Chief of Engineers and the Secretary of War, or in case a person, company, or corporation authorized by the laws of the State of Alabama to erect and inaintain a dam and improvements as contemplated by this Act shall fail to begin the erection of said dam and improvements within two years after being so authorized and shall fail to complete the same within five years after obtaining such authority.

SEC. 5. That the provisions of this Act shall in no manner interfere with or impair the rights of any person, company, or corporation heretofore authorized by Congress to erect a dam or other structures for the development of water power on the Tennessee River.

Failure to comply with stipulations, etc.

Time of construc

tion.

Existing rights not affected.

SEC. 6. That the right to alter, amend, or repeal this Act is expressly Amendment. reserved.

Approved, March 6, 1906.

CHAP. 518.—An Act Authorizing the disposition of surplus and allotted lands on the Yakima Indian Reservation, in the State of Washington, which can be irrigated under the Act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation Act, and for other purposes.

March 6, 1906. [H. R. 10067.]

[Public, No. 36.]

Yakima Indian Reservation, Wash. Withdrawal, etc., of irrigable lands

Be it enacted by the Senate and House of Representatives of the United· States of America in Congress assembled, That if within the limits of the Yakima Indian Reservation, in the State of Washington, as described in the Act approved December twenty-first, nineteen hundred and reclamation. four, entitled "An Act to authorize the sale and disposition of surplus Vol. 38, p. 595. or unallotted lands of the Yakima Indian Reservation, in the State of Washington," there shall be found surplus or unallotted lands under irrigation projects deemed practicable and undertaken under the provisions of the Act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation Act, the Secretary of the Interior is hereby authorized to exclude from the provisions of said Act of December twenty-first, nineteen hundred and four, such surplus or unallotted lands which can be irrigated under such project and to dispose of the same in the manner hereinafter provided, and he is further authorized to make withdrawals of such lands for the purposes provided in said reclamation Act.

Vol. 32, p. 388.

Vol. 33, p. 596.
Payments.

SEC. 2. That the irrigable surplus and unallotted lands in any such Lands subject project shall be subject to homestead entry under all the provisions of homestead entries, the reclamation Act at such time as may be fixed by the Secretary of the Interior and at a price determined by appraisal as provided in said Act of December twenty-first, nineteen hundred and four. Payments for the land shall be made in annual installments, the number and time of beginning being fixed by the Secretary of the Interior, and shall be deposited in the Treasury of the United States and credited to the Yakima Indian fund, and disposed of as provided by section four of the said Act of December twenty-first, nineteen hundred and four. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation Act. In case of failure to make any payment for such lands when due the Secretary of the

Vol. 33, p. 597.

Forfeiture

for

to

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