Page:United States Statutes at Large Volume 18 Part 3.djvu/493

 FOBTY-THIRD CONGRESS, Sess. II. Gu. 134. 187 5. 463 Powell’s River, from the three forks in Wise County, Virginia, to the mouth' of Clinch River, Tennessee. Clinch River, from the mouth of Indian, in Tazewell County, Virginia, to the junction of Clinch and Powell Rivers, Tennessee. Elk River, from its mouth to Braxton Court-House, West Virginia. -ll/lissonri River, at the point where it is cutting into the Kansas shore above Saint Joseph’s, Missouri. For breakwater od the mouth of An Sable River, Lake Huron. The piers at Marcus Hook, Pennsylvania. _ Tennessee River, from the Ohilhowee Mountains to the Georgia line, in Macon County, North Carolina. Ipswich River and harbor, Massachusetts, and estimates of cost for dredging the river as to give nine feet depth at low water. Mouth of Big Sandy Creek, New York. Chippewa River, Wisconsin. Echo Harbor, New Rochelle, New York. Sec. 3. That the Secretary of War shall convene a. board of engi- Board of engineers to examine, and report at the next session of Congress, a plan ¤¤¤F¤¤¤¤>r>¤f¤1¤i¤¤¤ for. the improvement of the channel between Staten lsland and New Jersey- Staten Island and 'ow ersey. 5120.4. That James B. Earls, of Saint Louis, Missomi, be, and he is James B- Ends, hereby, authorized, with such others as may be associated with him, on Md °'·*!°’°· *° °°¤· the conditions hereinafter mentioned, to construct such permanent and :;“QQ°,;,·{Q2ffS;,f;‘;; sufficient jettees, and such auxiliary works as are necessary to create gel www, South and permanently maintain, as hereinafter set forth, a wide and deep Pass of Mississippi channel between the South Pass of the Mississippi River and the Gulf §'V‘¥’ *****1 Gul °‘° of Mexico, and for that purpose he may construct, in the river, outlet, °x'°°' or pass, and likewise in the Gulf of Mexico, such walls, jettees, (likes, levees, and other structures, & employ such boats, rafts, and appliances, as he may, in the prosecution of said work deem necessary; Provided, That no such structures or means employed shall hinder, delay, or ma- Nwigafion not terially interfere with the free navigation of said pass; and, to protect “’ M ‘”’P°d°d· his said works, he may build, and maintain such levees, or embankments as may be necessary to secure their permenency along the banks of the river or South Pass: Provided further, That unless the construction of the proposed work shall be substantially commenced within eight WMM Wh¢¤ ¤¤ months from the date of the approval of this act, and prosecuted with °° °°“"”°“°‘*d· due diligence, the provisions contained herein in relation to the said South Pass shall be null and void; and unless the said Eads and his associates shall secure a navigable depth of twenty feet of water papa, of water, through said pass within thirty months after the date of the approval of this act, Congress may revoke the privileges herein granted in relation to the said South Pass, and cancel the obligations herein assumed by the United States. And Congress may revoke the privileges herein granted in relation to the said South Pass, and cancel the obligations herein assumed by the United States, unless the said Eads and his associates shall, after securing twenty feet of water, secure an additional depth of not less than two feet during each succeeding year thereafter until twenty-six feet shall have been scoured : and in case said Earls and his associates shell fail to comply with the foregoing conditions, as to depth of water, and time for and period of twelve months in excess of the time fixed, as aforesaid, then the privileges herein granted, and the obligations herein assumed in relation to the said South Pass, shall absolutely become absolutely null and void without action by Congress.- SEO. . That the conditions herein prescribed being fully complied Amount to M with, the United States hereby promise and agree to pay to said Eads, P‘**‘*· — or to his assigns or legal representatives, five million two hundred and fifty thousand dollars for constructing said works and obtaining a depth of thirty feet in said channel, and the annual sum of one hundred thou- Band dollars for each and every year that said depth of thirty feet shall be maintained by the jettees and auxiliary works aforesaid in said South