Page:United States Statutes at Large Volume 26.djvu/802

Rh

Sec. 2. That said tunnel shall be so constructed as not in any manner security of navigato interfere with the navigation of ships, steamboats, and other water- “°“· craft in the said bay of New York; that the up er surface of the covering arch of the said tunnel shall be placedp at a depth below the nepm renew bed. bed of the said bay sufficient to save and protect the waters of the said bay and the currents and channels thereof from any change or alteration by reason of the construction of the said tunnel or any part thereof; and no obstruction, either of a temporary or permanent No obstmction in character, to the free and unrestricted navi ation of the said bay of "°°”‘ New York shall be built anywhere within tlie waters of said bay in connection with the construction of the tunnel or any part thereof.

Sec. 3. That any tunnel constructed under this act to ether with L¤wf¤1¤=r¤¤¤¤re¤¤d the approaches thereto, and accordin to its terms and hmitations, °°“"°"°°‘ shall e a lawful structure, and shalldie reco ized and known as a post-route, upon which no hi her charge shalfbe made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile aid for their trans ortation OVB1' the railroads or public highways lbading to said tunndl; and the United States shall have the right of way for postal Poml telegraph telegraph purposes through and in said said tunnel, and over the approaches thereto.

1 mc. 4. That the plan and location of said tunnel, with a detailed pS;,°r*j,’$;;’{¤°foQ‘;Q{0f1° map of the bay of Lew York at, over, and near to the proposed site ew.’ of he said tunnel, exhibiting the depth of water and the currents and channel thereof, shall be submitted to the Secretar of War for his approval, and until he shall approve the plan and, location of said tunnel, it shall not be built, but upon the approval of said plans by the Secretary of War the said company may proceed to the building of the said tunnel in conformity wit 1 said approved plan; and — no change shall be made in the plan or location of said tunnel dur- ¤¤¤¤z¤ ¤f v1¤¤·¤¤=· ing the progress of the work thereon, except the same be nrst approved by the Secretary of War. If the Secretary of War shall at any time deem any change or su-ucmm changes. alterations necessary in the said tunnel, so that the same shall not °'”· interfere with or endan er the navigation of ships, steam-boats, and other water-craft, or if die shall deem the disuse of the whole structure necessary for the preservation of the harbor for the urpose of navigation, the alteration so required shall be made at the expense of the parties owning said structure.

Sec. 5. That if work shall not be commenced upon said tunnel Commencemenrand within three years and completed within ten years after the passage °°"‘*’l""°"‘ of this act, the rights and privileges hereby granted shall determine and cease.

Sec. 6. That the right to alter, amend, or repeal this act is hereby Ameutxmentetc. expressly reserved.

Approved, February 13, 1891.

 '''CHAP. 165.'''—An act to ratify and confirm agreements with the Sac and Fox Nation of Indians, and the Iowa tribe of Indians, of Oklahoma Territory, and to make appropriations for carrying out the same.

Whereas David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed commissioners on the part of the United States, did on the twelfth day of June, eighteen hundred and ninety, conclude an agreement with the Sac and Fox Nation of Indians, occupying a reservation in the Territory of Oklahoma, formerly a part of the Indian Territory, which said agreement is in words and figures as follows, to wit,:

Articles of Agreement made and entered into at the seat of Government of the Sac and Fox Nation in the Indian Territory on the twelfth day of June eighteen hundred and ninety, by and between