Page:United States Statutes at Large Volume 33 Part 1.djvu/398

310 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1605. 1904. U¤<>¤>¤¤·¤¤v¢<1 mvi- free of cost to the United States: And provided fm-:/ter, That the '°u°°' plans for the necessary works and structures to utilize said water power shall be a proved by the Secretary of War, and that nothing shall be done in Elie use of the water from said dam or otherwise to interfere with or in any way imnpede or retard the proper and complete navigation of the river at _1 times, nor in any way to interfere with the use and control of the same b the United tates for the pur- R¢s¤1¤¤<>¤¤· ses of navigation: And provided jliudher, That the Secretary of War is hereby authorized to rescribe regulations to govern the use of the said water power andp the operations of the plant and force employed in connection therewith; and no claim shall be made against the United States for any failure of water power resulting from any cause whatever. I_0¤¤,¤¤¤¢;w mmm Sec. 5. That it shall be the duty of the Secretary of War in contracting for the erection of the said lock and dam to give the preference, option, or first right to contract to do said work to the city of Chatta- ‘ nooga, Tennessee, but if said city of Chat shall fail within four months from the passage of this Act to fo y notify the Secretary of War of its intention to construct said lock and dam and to enter into contract to do so, then to C. E. James and J. C. Guild, residents of Chattan Tennessee, their heirs and assigns. In case of failure on the rt of said C. E. James and J. C. Guild, reddents of Chattanooga, Thnnessee, their heirs and assigns, for a further peri0d of eight months to formally notify the Secretary of War of their intention to proceed with the construction of the lock and dam as herein provided, then it shall be lawful for the Secretary of War to contract with any private corporation, company, firm, or persons for the construction of said lock and dam on the terms and in the manner herein provided: gp Ilrovided, That the Secretary of War may require the contracting ' partyto execute a bond, with proper sureties, before the commencement of the work in such amount as he may consider necessary, not exceeding one hundred thousand dollars, to insure the commencement, prosecution, and completion of the work herein authorized and compliance with the terms, conditions, and requirements of this Act, and in case of failure to comply with the requirements of said bond the said contracting party shal forfeit to the United States the full amount thereof: F‘l¤¤·· ¤¤=· Prmridedfurther, That the plans, including specifications and drawings for the work, shall be prepared at the expense of the United States, under the direction and sub]ect to the approval of the Secretary of War and the Chief of En ineers, United States Army, by the officer of the Corps of Engineers, United States Army, having under his charge the I""’°°°°“‘ wor of improving the Tennessee River, who shall at the ex ense of the United States maintain a suitable force of inspectors upon dire work to see that the plans and specifications are strictlv carried out, and such conditions or safeguards as the Secretary of War and the Chief of Engineers may deem essential to securing proper results shall be made E¤r>¢¤¤¤· a part of the contract. The expense for plans as well as for the maintenance of the force of inspectors herein referred to shall be paid from the amount ap(propriated or preliminary examinations, surveys, convm. sz, p. ara tingencies, an so forth, made in section two of the river and harbor I Act of J nip; thirteepth, ninetelpn hundred and two. F¤¤•¢¤¤*¤¤ ¤ time Sue. 6. at in the event the citv of Chattanoo undertakes the i°r°°°m°°u°°' erection of said lock and dam the Secretary of W:?: shall extend the time provided herein for beginning the work on the same for a period not exceeding twelve months from the assage of the enabling act that the general assembly of the State of "llennessee may pass at its next regu ar session, enabling said municipality to undertake said work if the same be necessary; and in the same event he shall extend the tiine for the completion of said lock and dam twelve months.