Page:United States Statutes at Large Volume 34 Part 1.djvu/240

 210 FIFIY-NINTH CONGRESS. Sess. I. Cns. 2571, 2575. 1906. of War may at any time require and enforce, at the expense of the owners, such modifications and changes in the construction of said dam as he may deem advisable in the interests of navigation. ""°*"""’~ Sec. 2. That suitable fishways, to be approved by the Secretary of Commerce and Labor, shall be constructed and maintained at said dam _ Y by said cor ration, its successors or assigns. _ _ _ '*‘“"""°"‘ Sec. 3. That in case any litigation arises from the building of said dam, or from the obstruction of said river by said dam or appurtenant works, cases may be tried in the proper courts as now prov1devd_for that pur inrthe State of Minnesota, or in the courts of the L nited a,,'g{§}'*¤ l"' “°' States: maided, That nothing in this Act shall be so construed as to ` repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt said structures from the operation of same. ‘*f"°"°"‘°“’· Sec. 4. That the right to amend, alter, or repeal this Act is hereby m°,‘ff,°2‘;,‘l‘*’1”°*°“‘ expressly reserved; and the same shall become null and void unless `` the construction of the dam hereby authorized is commenced within one year after the passage of this Act and completed within three years thereafter. Approved, June 4, 1906. ‘ - June; 19¤6. CHAP. 8575.-An Act Permitting the buildin of a dam acros the Mississippi [H- R- wm-] River near the city of Bemidji, Beltrami County, Idinnesota. [Public, No- ml] Be it enacted by the Senate and House of Representatv}ves 0 f the United _  {,¥{f);:',;°¤ Statea¢g"America in Oongreas assembled, That the consent of Congress .¤an.w.1m¤¤m•l is here y granted to William R. Morrison and H. W. Haines to build ‘P;‘·,,_""' °°"‘*°l adamacross thelldississippi River near the city of Bemidji, Minnesota, between the point where the same crosses the west line of township one hundred and fort -five, range thirty-five, and the point where said river crosses the north line of said township in Hubbard County, Minnesota, for the development of water power and such works and structures in connection therewith as may be necessary or convenient in · the development of such power and in the utilization of the power g;’g;*;•· of wu to thereby developed: Provz°ded, That the plans for the construction of approve ;ihm,ew. said dam and a urtenant works shall be submitted to and approved by the Chief ofllgngineers and the Secretary of War before the commencement of the construction of the same: And prow`der/ fnvher, ¤¤¤¤s¤¤- That the said William R,. Morrison and H. W. Haines, their heirs. administrators, and assigns, shall not deviate from such >lans after such approval, either before or after the completion of said structure, unlesst e modification of said plans shall have previously been submitted to and received the approval of the Chief of Engineers and of $l¤*°°"•Y- the Secretary of War: A1utPpro»·z'de¢{ jizrllzer, That there shall be placed and maintained in connection with said dam a sluiceway. so arranged as to permit logs, timber, and lumber to pass around, through, or over said dam without unreasonable delay or hindrance and with- I·°°*· out toll or charges: Andpm·uided_f}4rthe¢·, That the dam shall be so constructed that the Government of the United States may at any time construct in connection therewith a suitable lock for navigation purposes, and may at any time, without compensation, control the said am so far as shall be necessary for purposes of navigation. but shall not destroy the water power developed by said dam and structures to any greater extent than may be necessary to provide proper facilities for navigation; and that the Secretary of Vl'ar mav at an * time require and enforce, at the expense of the owners. such modifications and _ _ changes in the construction of such a dam as he may deem advisable """""""‘“'“"*"“· in the interests of navigation: And provided further, That suitable