Page:United States Statutes at Large Volume 34 Part 1.djvu/843

FIFTY-NINTH CONGRESS. Sess. I. Ch. 3933. 1906. 813 such change shall be made. Upon notice of the a proval of the Secre— N°“°° °‘ °PP'°"**· tary of War, the company may forthwith begin tlile construction of its pisipalg, tfeeders, and other works, or any part thereof, according to is c . » _ Sec. 16. That the said company, at its own expense, shall maintain ughm ml ¤i¤°°l¤· on its works, from sunset to sunrise, during the season of navigation, ppc}; lgghts agdmsignals as may be prescribed by the United States i t- ouse r . Sec. 17. That the said canals shall be open to the use and naviga- ,,2,*,},f ‘”° °* tion of all suitable and proper vessels or other water craft, by whomsoever owned or operated, upon fair and equal terms, conditions, rates, tolls, and charges; and the said company may demand, take, R¤*¤¤¤¤•*¤¤¤¤ and recover for its own proper use, for all persons and things of · whatsoever description trans rted upon the said canals, feeders, and other works, or in vessels ando craft using the same, just and reasonable charges, rates, and tolls; but all such charges, rates, and tolls shall be equal to all persons, vessels, and goods under certain classifications to be established by the company and approved by the Interstate Commerce Commission: and no rebate, reduction, draw- N0 *¤l>¤*¤·¤*¤- back, or discrimination of any sort on such char es, rates, and tolls shall ever be made directly or indirectly. And films said charges, posting mcs and rates, and tolls for the ensuing] year shall be fixed, published, and mb" posted on or in every place w ere they are to be collected, on or before the fifteenth day of February of each year., and shall not he chan ed exceptafter thirty days’ public notice, which notice shall bP¤b1ic notice of plainiy state the changes proposed to be made in the char es, rates, ° °°g°°' and tolls then in force and the time when the change; charges, · rates, and tolls will go into effect; and the proposed changes shall be shown b rinting new schedules or shall be plainly indicated upon chljew ¤¢1¤¤¤¤1¤ sf the schedlhlds in force at the time and kept open to public inspection: °g°°' Provided, That the Interstate Commerce Commission may, in its dis- f;,'?;';.',,,,, C0,,,_ cretion and for good cause shown, allow changes upon less notice than ::r•: herein specified or modify the foregoing requirements in respect to mein. Y mq publishing and lposting of such sche ules, either in particular instances or by a genera order applicable to special or peculiar circumstances or conditions. _ ` Sec. 18. That the canals, feeders, and other works hereby author-_ ,,,,‘,;"§,}‘}_,‘§‘,{“‘“"’ "“° ized shall be lawful military and post routes, which the United States may forever use for the transmission of mails, dispatches, troops, V munitions of war, supplies, and public stores, at fair and reasonable “°"‘*’°““““°"· rates of compensation not exceeding that paid by private parties for the same service. . Sno, 19. That if the construction of the main canal hereby author- ,i,?,§{"° °f °°"°""°' ized shall not have been commenced, and a sum equal to ten per centum of the capital stock of the company shall not have been expended thereon within three years after the passage of this Act, or if the main chlggrfetuw ¤f f¤=¤ canal shall not have been iinished within ten years after the passage of ' this Act, the franchise herein granted shall cease and be null and void; but in calculating the time aforesaid delays caused by the acts of God or the public enemy shall not be includet . Sno, 20. That any crson, association, or corporation, municipal or 1>¤¤¤=¤¤- otherwise, which shall) suffer any damage or loss to person or property by reason of the construction, operation, or maintenance of the said canals, feeders, or an * of the works thereof, by reason of the exercise of any of the powers herein conferred or shall have any right of action against said company or its property, shall be entitled to all the rights and remedies therefor allowed by the laws of the State wherein said injury was suffered or loss sustained, or right of action accrued, and anv action therefor may be brought in the courts of the State having jurisdiction thereof.