Page:United States Statutes at Large Volume 31.djvu/637

 FIFTY·SIXTH CONGRESS. Sess. I. Ch. 790. 1900. 585 jetties, and so forth, and to maintain channels between South Pass of Mississippi River and Gulf of Mexico," and of an Act of Congress v¤1.20.p.1cs. approved June nineteenth, eighteen hundred and seventy-eight, entitled "An Act to amend an Act entitled ‘An Act niaking appropriations for the repair, preservation, and completion of certain public works on rivers and harbors, and for other purposes,’ " approved March _ third, eighteen hundred and seventy-Eve, and of an Act of Congress V¤l·2°·r>·376- approve March third, eighteen hundred and seventy-nine, entitled ‘ n Act to amend an Act entitled ‘An Act making appro riations for the repair, preservation, and completion of certain public works on rivers and harbors, and for other‘purposes,’ " approved March third,. eighteen hundred and seventy-Eve. The Secretary of W'ar is also €t§“f;°l§§,‘§,§;,;§°d¤°¤ authorized, in his discretion, to urchase from the heirs or legal rep- " ` resentatives of the said James  Eads the dredges and other plant including real estate now used by them for the maintenance of said channel,`or such portion of said lant as he may deem desirable; and in case the Secretary of War andp the heirs or le al representatives of the estate of James B. Eads, deceased, are unal§e to agree upon the price to be paid for said dredges anclivplant, including real estate, or so much thereof as the Secretary of· ar may deem necessary to purchase, then such price shall be assessed by a board of three appraisers —b¤¤r<1r<>¤¤S¤¤s1>rica to be appointed as follows: One appraiser to be appointe by the _Secretary of War, one by the heirs or legal representatives of James B. Eads, deceased, and in case these two fail to agree, the Y shall jointly choose a third appraiser, and the three so appointedl shall. by a majority vote, duly appraise the price to be aid for said dredges and plant, including real estate, and in case sudln appraisal is alpproved by the Secretary of War, the same shall be deemed to be t e price which the Secretary of War is authorized to pay for said dredges and plant including real estate or so much thereof as the Secretary of War may deem necessary to purchase: P*r0»viding, That in f;£@“g,paymem no event shall more than two hundred thousand dollars bepaid for all ` " the dredges, plant and real estate owned or possessed by the heirs or legal representatives of James B. Eads, deceased, at or about the South Pass. And in case the Secretary of War shall terminate said ·°PP'°P"#m°¤· contract the sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available, fO1' the purchase of the who e or a part of said fplant, or for otherwise providing a proper plant for the maintenance o said Pass. In case of m§§g{;§,j'Qg§:¥l*;{ tg the termination of said contract, by virtue of the provisions hereof conmcc is remior by expiration of said contract the Secretary of War is hereb “‘"°°‘ directed to take charge of said channel, including the jetties, and all auxiliary works connected therewith, and thereafter to maintain with _ the utmost efficiency said South Pass Channel; and for that purpose "°l’p’°P"““°“· he is hereby authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for bylaw, for such sums of money as may be necessary, not to exceed in the _ aggregate for any one year one hundred thousand dollars. In the ,,,,’f,*§"’}’§‘,‘§,’§, °f,, "§§§g event that the Secretary of War shall elect to terminate said contract, heirs ¤¤¢¤¤ri¤<+d- any sum which shall at that time have been appropriated by Con ress to pay what would be due to the heirs or legal representatives cfg said James B. Eads at the expiration of said contract may be used by him in making such payment, whenhe shall terminate the same, anything in the law makin such appropriation to the contrary notwithstanding. _ Sec. 4. That tge Secretary of War is authorized in his discretion to p,.{Q§,gf,“;$,Q,,‘{fo§,g;’§° direct diversions from appropriations heretofore made or to make ` modiications in projects heretofore included in river and ll€l1'lJ01' bills as follows: Cumberland Sound: The sum of fifty thousand dollars, or so much C¤¤¤b¢¤¤¤d S•¤¤¤d-