SEC. 3. That the Secretary of War is hereby authorized and directed, upon receiving such plan and map and other information, and upon being satisfied that a bridge built on such plan, and with such accessory works, and at such locality, will conform to the prescribed conditions of this act, to notify the company that he approve the same; and upon receiving such notification the said company may proceed to an erection of said bridge, conforming strictly to the approved plan and location; and should any change be made in the plan of the bridge or said accessory works, during the progress of work thereon, such change shall be subject likewise to the approval of the Secretary of War, and be made at the expense of the company making the same; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said Missouri River, caused or alleged to be caused by said bridge, the case may be brought in the circuit court of the United States for the district of Kansas or for the district of Missouri in which any portion of said obstruction or bridge may be located.

SEC. 4. That the said bridge and accessory works, when built and constructed under this act and according to the terms and limitations thereof, shall be lawful structures; and said bridge shall be recognized and known as a post-route upon which also no higher charge shall be made for the 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 railroad or public highways leading to said bridge; and said bridge shall enjoy the rights and privileges of other post-routes in the United States; and Congress reserves the right at any time to regulate by appropriate legislation the charges of freight and passengers over said bridge.

SEC. 5. That the United States shall have the right of way for such postal-telegraph lines across said bridge as the Government may construct or control, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies.

SEC. 6. That Congress shall have power at any time to alter, amend, or repeal this act so as to prevent or remove all obstructions to the navigation of said river by the construction of said bridge and its accessory works; and the expense of altering said bridge or removing such obstructions shall be at the expense of the owners of or persons controlling such bridge.

SEC. 7. 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 three years from the date thereof.

Approved, October 12, 1888.

AN ACT making appropriations to supply deficien cies in the appropriations for the fiscal year end ing June thirtieth, eighteen hundred and eighty -eight, and for prior years, and other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year eighteen hundred and eighty-eight, and for prior years, and for other objects hereinafter stated, namely:

WAR DEPARTMENT.

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ENGINEERS DEPARTMENT.

MISSISSIPPI RIVER COMMISSION: Salaries and traveling expenses of the Mississippi River Commission, and for salaries and traveling expenses of assistant engineers, and for office expenses and contingencies, being for the period from April thirtieth, eightcen hundred and eighty-six, to close of the fiscal year ending June thirtieth, eighteen hundred and eighty-eight, and to be at once available, twenty-five thousand dollars. GAUGING THE WATERS OF LOWER MISSISSIPPI AND ITS TRIBUTARIES: Annual expenses of gauging the water of the Mississippi and its tributaries; continuing observations of the rise and fall of the river and its chief tributaries as required by joint resolution of February twenty-first, eighteen hundred and seventy-one, rendered necessary for establishing additional gauges at Fulton, Garland, and Collin's Bluff (mouth of Sulphur River) Arkansas, three thousand six hundred dollars.

To reimburse and pay the Hartford and New York Transportation Company for labor and money expended in removing, in an emergency, obstructions and dredging the Connecticut River in eighteen hundred and eighty-six, under the same rules and inspections as the work on said river had been conducted by the United States engineer officers in charge, two thousand six hundred and six dollars and eighty cents.

JOINT RESOLUTION authorizing the Secretary of War to appoint a board of three engineers to examine and report in relation to the Delaware river between the city of Philadelphia, Pennsylvania, and Camden, New Jersey, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to immediately appoint a board of three engineers from the United States Army whose duty it shall be to examine in all their relations to commerce the Islands known as Smith's Island, Windmill Island and Petty's Island in the Delaware River between the city of Philadelphin in the State of Pennsylvania and the city of Camden in the State of New Jersey, which board shall forthwith report to the Secretary of War as to whether said islands or any shoal in the said river between or adjacent to the said islands or any of them constitute an obstruction to the commerce of the Delaware river or to the passage of vessels between the said States and with a view to removing said islands and shoals to report a plan with the estimate of cost for their removal in whole or in part and for the improvement of the harbor of the port of Philadelphia including the probable cost to the Government of said islands so as to secure free and uninterrupted commerce upon the said Delaware river and the unobstructed passage of vessels to and from and between the said States; and the sum of five thousand dollars or so much thereof as shall be necessary is hereby appropriated to be paid out of any money in the Treasury not otherwise appropriated to defray the expense of such survey and report.

Approved, March 5, 1888.

JOINT RESOLUTION declaring the meaning of a clause in the river and harbor act of August eleventh, eighteen hundred and eighty-eight.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the phrase "present low water mark" in the river and harbor bill of August eleventh, eighteen hundred and eighty-eight, in the paragraph referring to Fairport Harbor, Ohio, is intended to mean the inner shore line represented on map in the report of Chief of Engineers of eighteen hundred and eighty-one. Approved, October 1, 1888.

JOINT RESOLUTION relating to the inclosure of certain points of especial interest on the battlefield of Gettysburgh.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the fence which now incloses Lafayette Square in the city of Washington is removed the Secretary of War is hereby directed to deliver the same to the Gettysburgh Battlefield Memorial Association, at Gettysburgh, Pennsylvania, for the purpose of inclosing points of especial interest on the Gettysburgh battle-field.

Approved, October 12, 1888.

JOINT RESOLUTION authorizing the Secretary of War to protect the Washington Aqueduct Tunnel.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be and he is hereby, authorized and directed to use so much of any unexpended balance of appropriations for the work of the Washington Aqueduct Tunnel, District of Columbia, as may be necessary, for the purpose of protecting and preserving the work already done upon said tunnel. That the Joint Select Committee of the Senate and House of Representatives authorized by a Concurrent Resolution of Congress to make inquiry and report concerning all of the work and contracts therefor on the Washington Aqueduct Tunnel and other matters in relation thereto, are hereby, in addition to the powers conferred by said concurrent resolution, authorized and directed in their discretion to inquire and report touching all plans and estimates prepared under the auspices of the Government for extending the Water Supply of Washington City, and finally the said Committee may extend their inquiries as to any and all other matters concerning the extension of said water supply that may aid the Congress in ascertaining and fixing the responsibility for any mismanagement therein or for the future construction and management thereof.

Approved, October 19, 1888.

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