Page:United States Statutes at Large Volume 35 Part 1.djvu/616

 SIXTIETH CONGRESS. Sess. II. Ch. T8. 1909. 599 the Secretary of \Var, but the public at all times shall have the use of all such wharves, docks, slips, and waterwa *s upon the payment of such reasonable charges, and under such regulations as may from time to time be fixed and prescribed by the Secretary of War. Sec. 4. That the right of eminent domain may, after the issuance of doggy: 0* 0mi¤0¤¤ patent hereunder, be exercised over any lands purchased under this a ` Act, whether such lands may have been included within streets and alleys or otherwise, under any law applicable to lands held in private ownership in the district of Alaska, and no exclusive right of way shall Exclusive right of be granted to any person, company, or corporation over the lands pur- w'" *“°m°'°°‘L chased under this Act. Sec. 5. That the corporation named in section one of this Act shall, u*;g{,>g*;¤*i0¤·0*0 · *0 within six months after the approval hereof, file with the re ° ter and P Time nina. receiver of the land district within which the lands ap liedsfor are situated, an application to purchase under this Act, which application shall particularly describe the lands applied for and be accompanied with a certified copy of the field notes and plat of the survey of the boundaries of such lands, made under the direction and supervision of the surveyor-general of the district of Alaska. Sec. 6. That the corporation named in section one of this Act shall, ,,§“‘,',§ ,,‘f,,}§d";“ ““°· within twelve months after the aplproval of the application named in ' the foregoing section, subject to the approval and under the direction of the Secretary of the Interior, file W1& the said Secretary a detailed plan of a town site, embracing the lands applied for, upon which shall delineated adequate streets, alleys, lots, blocks, wharves, docks, slips, and waterways, and such reservations as the said Secretary may deem necessary and suitable for public use as parks and sites for. public and school buildings and coaling stations: Provided, That the {,’m;j*·p¤k men reservations for Public parks shall, in addition to such other lands as uuonseic. may be needed or that purpose, include all of said lands which can not be reasonably utilized as sites for building purposes; and said corporation shall, after patent, dedicate and convey all of the said reservations for such pub ic uses. Sec. 7. That the corporation named in section one of this Act, or its chggggggg 0* P“*· assigns, shall, within six months from the approval of the plan men- ` tioned in the preceding section, pay to the proper receiver the full purchase price of the ands applied for; an within live years after m;¤0,gg({_g\$`d;;*g;{:j, the issuance of patent said corporation shall do all things necessary to town-site pmpms. render three hundred and twenty acres of the land purchased suitable and available for wharfage and town—site purposes in accordance with the lan thereof submitted as required in section six of this Act, and shallwithin two years from the approval of the plan mentioned in the receding section construct within said wharfage and dock area a (public g0_¤:g¤0**0¤°**°°'* dock, wharf, or pier, with suitable approaches on the land si e and P ’ ` with not less than thirty-four feet of water at mean low tide leading to and surrounding the same, so as to enable ocean steamers to approach, dock, discharge and take on cargoes thereat; that patent for 9,§f‘“°°“““°“ °’l""‘ said lands shall recite that they are issued under the provisions of this Act and are subject to cancellation and the land therein granted to forfeiture as herein provided; and if said corporation or its assigns rorreimre. shall fail to comply with any of the terms and conditions of this Act, · either before or after the issuance of patent, all interests, rights, or ` title which may have accrued or vested under this Act shall be forfeited to the United States, and the application under which they accrued, or the patent under which they vested, shall be canceled: Provided, That gbn anime_ the Secretary of the Interior may, on satisfactory showing, reasonably extend the time within which any of the Acts enumerated in this Act HIST be pegliwmedd h ll h h h fi th C°'°” Ec. 8. at said com ration  a ave the ricr t to con 'ne the 0¤'*{j”'¤' ‘{ m_°* waters of Cordova Creelkxto one channel and to straighten and deepen Com`- Cm ' the same in such manner as may be prescribed by the Secretary of W'ar. _ Approved, February 6. 1909.