Page:United States Statutes at Large Volume 33 Part 1.djvu/397

 FlFTY—EIGHTH CONGRESS. Sess. Il. Ch. 1605. 1904. 309 CHAP. 1605.-An Act To enable the Secretary of War to permit the erection of A§1'll26L1904. a lock and dam in aid of navigation in the Tennessee River near Chattanooga, Ten- [ ‘ R" 1°°1‘*·] _ nessee, and for other purposes. [Public, No. 165.] Be it enacted by the Senate and House of Re esentattves of the United States of America in Congress assembled, That the Secretary of War g`§¤a¤¤¤¤¤ River- n be, and he is hereby, fully authorized and empowered to grant per- etc.B iiliiiieiikidud mission to the city of Chattanooga, Tennessee, or to a private co ra- °“},‘i,,_1°,fk3'f,§fd "“"" tion or company, or to individuals, as (provided in section five dfxthis bill, to buil and construct a lock and am across the Tennessee River at “Scott Point," near Chattanooga, Tennessee, under his direction, P¤·¢·v-tm supervision, and control, and in accordance with and conformity to the pgans and designs made by Major Dan C. Kingman, an engineer of the _ nited States Army, in pursuance of an Act of Congress passed on V¤1.=¤»,p.11s1. March third, eighteen hundred and ninety-nine, with such chan es and modifications as the Secretary of War may direct: Provided, That §gg'},·°g0m the said contracting municipalityor parties shall purchase and y for ` all lands on either side of the river that may be necessary to tli: successful construction and operation of said lock and dam, including ilowage rights and rights of way for in ress and egress from ublic highways, and deed the same to the Suited States, and make all excavations, erect all stone, concrete, and timber work, furnish all materials of every character, and pay for all labor employed in the construction of said lock and dam, and give said lock and dam to the United States completed, free of all cost, expense, claims, or charges of any *’lHnd whatsoever, except for expenses connected with the reparation of plans and the superintendence, as provided in section ‘ five of this Act, and further excepting the cost of the lock gates and ironwork and machinery necemuy to bgperate the lock when completed, wlgch sgiallré:  by the  States md m of Ec. . the said munici 't, co ration, com n ori- ° viduals undertakin the constructioh of Ed work shsl hisgin the um building of said loch and dam within eighteen months from the passage of this Act, and the same shall be completed within four years from _ the date of beginning the construction, the right being reserved to wH;§,,°§,_S‘**°’ ‘““ the United States to enter on the construction of said lock and dam if deemed advisable at any time before the work is commenced by said contracting parties; or if begun and not carried on in strict accordance with the directions of the Secretary of War, then the United States may assume the further construction and completion of said work at its option, the cost of such further construction and completion to be paid by the said contracting municipality, corporation, company, or individuals. _ Sec. 3. That the deed to the United States to the land to be pur- ¤¤¤*¤¤r crawfchased and donated to the same, as mentioned in the first section of this Act, shall be executed and delivered within twelve months after the passage of this Act; and, further, that the Secretary of War shall determine from time to time whether the work is being properly done, and may re uire an increase in force to be employe by the contractor so as toilorce the work to completion within the limit mentioned in the Act. Sec. 4. That in consideration of the construction of said lock and V¤° °*‘”¤*·¤r r><>W‘*"· dam, free of cost to the United States except as provided in section one of this Act, the United States hereby grants to the municipality, corgporation, company, or persons constructing said lock an dam un er the provisions of this Act such rights as it possesses to use the water power produced by said dam, and to convert the same into electric power or otherwise utilize it for a period of ninety-nine years: _ Provide, That it or they shall furnish the necessary electric current  emma, ,0 While its or their power plant is in operation to move the gates and ge supplied tree :10 operate the locks and to light the United States buildings and grounds, £{,§?ff’§§f"°"‘ bmi `