F IFTIETH CONGRESS. Sess. II. CHS. 382-384. 1889. 863 question of fact as to the ro er com ensation to the common car- . Meudmus my *S· I rier for the service to be eiifoiibed by the writ is raised by the plead- iiiiiiguding dmmi ings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to Security, payment of money into the court, or otherwise, as the court may think proper. pending the determination of the question of fact : Provided. That the remedy hereby given by writ of mandamus shall Ovlwr remedies not be cumulative, and Shall not be held to exclude or interfere with other °x°1°d°d‘ remedies provided by this act or the act to which it is a supplement. Approved, March 2, 1889. ‘ CHAP. 383.-—An act to authorize the Secretary of War to lease a certain tract of Mm-ch 2, 1889. land to the Leavenworth City and Fort Leavenworth Water Company. ""“"’* Be it enacted by the Senate and House of Representatives of the United States cg America in Cem ress assem led, That the Secretary K;;¤‘¤ ¤>¤v<·>¤W<>¤¤» of War be, an he is hereby, autliorized and directed to lease to the mnanewatomv- Leavenworth 'City and Fort Leavenworth Water Company the fol- f§)‘,‘;g,'g{3, “°·· ‘“’·°°" lowing described tract of land in the military reservation at Fort ` Leavenworth, in the State of Kansas: ` Beginning at the north-west corner of the twenty acre tract of B°¤¤d¤¤'i*· land formerly in said military reservation granted to the Leavenworth Coal Company by the act of Congress approved July twentieth, Vol. is, p. 392. eighteen hundred and sixty-eight; thence north in extension of the west line of said twenty acre tract five hundred feet; thence east parallel to the north line of said twenty acre tract eight hundred and twenty feet, more or less, to the railroad right of way; thence southerly on the west line of said right of way five hundred and three feet, more or less, to the north line of the said twenty acre tract; thence west on the said north line to the place of beginning, containin nine and three-fourths acres, more or less, reserving to the United States or assigns the coal, or royalty for the coal, un erlying said lands, for the pu ose of constructmgpnd maintaining thereon a reservoir and such other works as may e necessary to enable said company to supply the troops at Fort Leavenworth, and its other patrons, with pure water: Provided, That the company shall have the emma. free and uninterrupted use of said tract of land for the purposes Revmmn. ' above named, under the direction and control of the Secretary of War, so long as it is so used, and that when they cease to occupy and use it for Such purposes the lease shall be null and void. Sec. 2. That the act of Congress entitled "An act to authorize the romersccwpmurun. sale of a tract of land in the military reservation at Fort Leavenworth, in the State of Kansas. approved the sixth day of June, anno A·•¢··» v~ 1T0· Domini eighteen hundred and eighty-eight, be, and the same is hereby, re >ealed. Sec. That this act shall take effect and be in force from and ruse:. after its passage. Approved, March 2, 1889. · CHAP. 384.-—An act to authorize the Omaha, Dodge City and Southern Railway March 2.1%). Company to build its road across the Fort Hays Military Reservation. ‘ ' Be if enacted by the Senate and House of Reipresenlatires of the United States of America in Congress assembler , That the Omaha, nugrggggéggdgilgég Dodge Citv and Southern Railway C0mpany,_ a corporation in the q;.,.,},..,,.,, granted State of Kansas, he, and is hereby. granted a 1-igpt of not to ex- ggyyéggypégpvgs ceed one hundred feet in width, across the Fort ays M1 itary Reser. mm. . vation, upon such line as may be approved by the Secretary of War. Approved, March 2, 1889.
