Page:United States Statutes at Large Volume 33 Part 1.djvu/1131

1044 FIFTY-EIGHTH CONGRESS. Sess. III. "Cns. 1474, 1475. 1905. across the Mississippi River near the village of Bemidji, between the outlet of Lake Bemidji and Wolf Lake, Beltrami County, in said river, and near the village of Bemidji, Beltrami County, Minnesota, for the development of water power, and such works and structures in connection therewith as may be necessary or convenient in the development of said wer and in the utilization of the power thereby mama. developed: Pro*védedF('l`hat the plans for the construction of saiddam ,,,S,§’,‘,f,',$’,#;’Q§,’f,_l,v,l‘,f°° and appurtenant works shall be submitted to and aptppoved by the Chief of Engineers and the Secretary of War before e commencenroummums. ment of the construction of the same: And prvuidedfurther, That the said Kirby Thomas, E. J. Swedback, and M. A. Spooner, their heirs, administrators, and assignees, shall not deviate from such plans after ' such approval, either before or after the completion of said structure, unless the modification of said lans shall have reviously been admitted toand received thea proval oi) the Chief of 1ih)1gineers and of the Secsiuweny. retary of War: Amt) omfdedfurther, That there shall be placed and ‘ maintained in connecglon with said dam a sluiceway so arranged as to rmit logs, timber, and lumber to pass around, through, or over said Km without unreasonable delay; or hindrance and without toll or ma. charges: And provided fwrt}w1·, hat the dam shall be so constructed that the Government of the United States may at any time construct in connection therewith a suitable lock for navigation pu ses, and may at any time, without compensation, control the sa1d ilhi)11 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 ma be necessa to provide proper facilities for navigation, and that the &cretary ofr{Var may at any time require and enforce, . at the expense of the owners, such modifications and changes in the construction of such a dam as he may deem advisable in *the interests Fishwarmw. of navigation: And provided f•u·t}m·, That suitable fishways and lights, to be approved by the Secretary of Commerce and Labor, shall be constructe and maintainmi at said dam by Kirby Thomas, E. J. Swedback, and M. A. Spooner, their heirs, administrators, and assignees. · ““¥"“°"· Sec. 2. That in case any litigation arises from the building of said dam or from the obstruction of said river by said dam or appurtenaut works, cases ma be tried in the proper courts as now provided for that purppse in the State of Minnesota and in the courts of the United f,,`;‘{'j,‘°,,k 1,,,, ,,0, States: ovtded, That nothing in this Act shall be so construed as to www- repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or to exempt said structures from the operation of same. ,,QT‘° °‘ °°”“"“°' Sec. 3. That this Act shall be null and void unless the dam herein authorized be commenced within one year and be completed within three years from the time of the passage of this Act. “”°“°’“°“°‘ Sec. 4. That the right to amend or repeal this Act is hereby expressly reserved. Approved, March 3, 1905. H CHAP. 1475.——Au Act To incorporate the American Academy in Rome. lP¤b¤¤. N0- WS-] Be it enacted {gy the Se/nate and H02t9e ofRqvresentat2'*ves of the Uizited 1,,,,,,.;,,,,,, Amdemy States of America in Congress assemhled, That Edwin A. Abbey, mmmwm Samuel A. B. Abbott, Charles Francis Adams, Edwin A. Alderman, James W. Alexander, John J. Albright, James B. An ell, Charles T. Barney, Edward J. Berwind, Edwin Blashiield, Wilgam A. Boring, Robert S. Brookings, Glen Brown, Daniel H. Burnham, Nicholas Murray Butler, John L. Cadwalader, Frank W. Chandler, Edward H.