Page:United States Statutes at Large Volume 33 Part 1.djvu/141

FIFTY-EIGHTH CONGRESS. Srzss. ll. Cris. 167, 168. 1901. 53 works shall be submitted to and approved by the Chief of Engineers and the Secretary or War before the commencement of the construction of the same: And p1·0»videdj}n·ther, That the said Sauk Rapids p,Q§,jd*"°**“°¤ °* Water Power Company, its successors or assigns, shall not deviate ` from such plans after such approval, either before or after the completion of said structures, unless the modification of said plans shall ave previously been submitted to and received the a proval of the Chief of Engineers and of the Secretary of War: Amlppmvided fmther, That there shall be placed and maintained in connection with ,,,§l“l“°""‘*' *°’ l°¤’· said dam a sluiceway so arranged as to permit logs. timber, and lumber to pass around, through, or over said dam without unreasonable delay or hindrance and without toll or charges: And provided further, That the dam shall be so constructed that the Govern- Aid¤¤<>¤¤vis¤¤i¤¤- ment of the United States may at any time construct in connection therewith a suitable lock for navigation pur oses, and may at any. time, without compensation, control the said) dam so far as shall be necessary for purposes of navigation, but shall not destroy the water power developed by said dam and structures to any greater extent than may be necessary to provide proper facilities for navigation, and that the Secretary of War may at any time require and enforce, at the expense of the owners, such modilications and changes Cl**¤¤°¤· in the construction of such dam as he may deem advisable in the interests of navi tion: And provided further, That suitable fishways, l"l“l“'°Y°· to be approved by the United States Fish Commission, shall be constructed and maintained at said dam by the Sauk Rapids Water Power Company, its successors or assigns. Sm. 2..'[U1at in case any litigation arises from the building of said L“l¢‘°*°”· dam, or from the obstruction of said riverby said dam or appurtenant works, cases may be tried in the proper courts as now provided for that pu se in the State of Minnesota, and in the courts of the United _ ‘ States: lgovided, That nothing in this Act shall be so construed as to §',gj,’{§;g hw mt repeal or modify any of the provisions of law now existing in reference ¤¤¤di¤<=d- to the protection of the navigation of rivers, or to exempt said struc- _ tures from the operation of same. _ ‘ Sec. 3. That this Act shall be null and void unless the dam herein ,,_;Qf"“ °‘ °"””“'“°‘ authorized be commenced within three years and be completed within six years from the time of the passa e of this Act. Sec. 4. That the right to amend or repeal this Act is hereby '““°‘“‘""""· expressly reserved. Approved, February 26, 1904. CHAP. 168.-An Act To authorize the Saint Joseph and Grand Island Railway F¢b¤¤3¤‘Y_?6· 1901 Company, in the reconstruction of the bridge across the Missouri River at or near Saint Joseph, Missouri, to lower said bridge and to shorten the draw spans thereof. [rnbnc, xc. 29.] Be it enacted by the Senate and House ofRq1rese1z.tatives offhe United _ _ _ Smzfrwof Amerz`c¤o in Congress assembled, That it shall be lawful for $fA§Q"j‘0f*;§’-and the Saint Joseph and Grand Island Railway Company, a corporation $3m¤d1s1;»¤¤d1;¤iii»·ay organized under the laws of the States of Kansas and Nebraska, in r€I{§`,‘{°iY,?¤d§{?‘f.ilL§.§’{}{ reconstructing the bridge across the Missouri River at_or near Saint l°¤fP’*· j‘°· __ Joseph, Missouri, the construction of which was authorized by Act of ‘_"‘· ’*· f’· ·**· _ Congress approved March fifth, eighteen hundred and seventy-two, to °’h““g°`· so reconstruct said bridge that the vertical clearance shall not be less ` than twentv-nine feet three and one-fourth inches above low-water mark. and not less than nine feet three and one-fourth inches above high-water mark, and that said spans on each side of the central pivot pier of the draw shall be not less than one hundred and fifty-three feet in length. Approved, February 26, 1904.