Page:United States Statutes at Large Volume 29.djvu/243

 FIFTY-FOURTH CONGRESS. Sess. I. Ch. 314. 1896. 213 Improving harbor at Grand Marais, Minnesota: Continuing improve- G*=·¤dMm*¤—Mi¤¤· ment, three thousand dollars. Improving harbor at Agate Bay, Minnesota: Continuing improve- Azure B¤y»Mi¤¤. ment, fifty thousand dollars. Improving harbor at Oakland, California: Continuing improvement, 0=*kl¤¤d·C¤l· under existing project, twenty thousand dollars: Provided, That con- €r<·¤€i¤<>-W tracts may be entered i11to by the Secretary of War for such materials °° m ' and work as may be necessary to complete said improvement, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate six hundred and sixty-six thousand dollars, Limitexclusive of the amounts herein and heretofore appropriated. Improving harbor at San Diego, Calitbrnia: Continuing improve- SM Di°g°·C¤*- ment, fifty thousand dollars. _ For a deep water harbor for commerce and of refuge at Port Los a,DI‘?f,§Q"'}’],‘;’_,§‘,°}§*_Q}’,§',; Angeles, in Santa Monica Bay, California, or at San Pedro, in said nsw Pedro,Cal? State, the location of said harbor to be determined by an officer of the gud W ¤h<><>¤¤ 10- Navy,to be detailed by the Secretary of the Navy, an officer of the °° `°°‘ Coast and Geodetic Survey, to be detailed by the Superintendent of said Survey, and three experienced civil engineers, skilled in riparian work, to be appointed by the President, who shall constitute a Board, and who shall personally examine. said harbors, the decision of a majority of which shall be final as to the location of said harbor. It shall be the duty of said Board to make plans, specincations, and estimates for said improvement. Whenever said Board shall have settled ¤¤¤t¤¤*¤· the location and made report to the Secretary of War of the same, with said plans, specitications, and estimates, then the Secretary of War may make contracts for the completion of the improvement of the harbor so selected by said Board, according to the project reported by them, at a cost not exceeding in the aggregate two million nine hundred I·i¤¤i*· thousand dollars, and ntty thousand dollars is hereby appropriated, so much thereof as may be necessary to be used for the expenses of the Expenses- Board and payment of the civil engineers for their services, the amount P°"‘ I" m' to be determined by the Secretary of War: Provided, however, That if izrgvegi A I the board hereby constituted, as in this section provided shall deter- ;,,I,,,1.$sd,°°s0.fti:,:§ mine in favor of the construction of a breakwater at Port Los Angeles, §‘*§j§°§,°‘§{,’;§j ’"{},’}* no expenditure of any part of the money hereby appropriated shall be sd. P ` made, nor shall any contract for the construction of such breakwaterbe entered into, until the Southern Pacific Company, or the owner or owners thereof, shall execute an agreement and file the same with the Secretary of War that any railroad company, or any corporation engaged in the business of transportation, may share in the use of the pier now constructed at Port Los Angeles and the approaches and tracks leading thereto situate westerly of the easterly entrance to the Santa Monica tunnel, upon such just and equitable terms as may be agreed upon between the parties, and if they fail to agree, then to be determined by the Secretary of War; and before any expenditure of the ex*;,§f$‘°““ ”° "° money hereby appropriated is made for the construction of a breakwater at Port Los Angeles said Southern Pacific Company, or the owner of the tracks and approaches leading to said pier, shall execute an agreement and file the same with the Secretary of \Var, that any railroad or transportation company or corporation desiring to construct a wharf or pier in Santa Monica Bay may, for the purpose of approaching such wharf or pier, and for the purpose of constructing and operating the same, cross the track or tracks, approaches and right of way now used by the Southern Pacific Company under such regulations as may he prescribed by the Secretary of War, and upon the payment of such compensation as that officer may find to be reasonable: Pro-vided, j`m·tl•eo·, That in event said harbor is located at Port Los Angeles, no sjnngesrouockmni greater royalty on the rock used for the construction of the breakwater '°""g’“‘ than twelve and a half cents a cubic yard shall be charged, and the Southern Pacific Company shall charge no more than one·l1alf a cent a ton mile thr freight on rock transported over its road.