Page:United States Statutes at Large Volume 26.djvu/503

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FIFTY-FIRST CONGRESS. Sess. I. Ch. 907. 1890. 449 that District, shall certify to the fact, U on the recei t of this certificate by the secretary of war he is hereby authorized) and directed to draw his warrant on the Treasurer of the United States in favor of the city of Galena, her assigns or legal representatives, in ay- P¤ym¤¤¤- ment of the aforesaid amount; Provided, That in no case shallpthe proviso. Government of the United States be liable for any losses or damages Liability rm- xmas, incurred by said City of Galena, or its representatives, in the per- °*°· formance of the work herein mentioned, nor shall any payments thereon be made in excess of the sum nor contrary to the terms hereinbefore prescribed. Improving llinois River, Illinois: Continuing improvement, two mums nava·,m. thousand do lars. 1>m¢,p.sss. Improving the Kaskaskia River, Illinois, from the mouth to Bald- K¤k¤¤¤¤Riv¤r.I11- win ridge, six thousand dollars. For the construction of the Illinois and Mississippi Canal to con- nli¤ois and _MiS§jsnect the Illinois River at a point near the towno Hennepin with {TK}? (H°““°’“‘) “"‘ the Mississippi River, at the mouth of Rock River, together with a branch canal or feeder from said Rock River to the main line of said canal, nve hundred thousand dollars. Said canal and feeder shall be known as the Illinois and Mississippi Canal, and shall be constructed Name. on the route located by the Secretary of War in pursuance of the Location. provisions of "An act making appropriations for the construction, v¤1.m,p.41¤. repair, and preservation of certain public works on rivers and harbors, and for other purposes/’ which act became a law August eleventh, eighteen hundred and eighty-eight, and said canal and Dimensions or cum feeder shall be eighty feet wide at the water line and seven feet ““‘ ’°°“°"· deep, the locks one hundred and seventy feet in length and thirty Orthelocks. feet in width, and shall have a capacity for vessels o at least two Capacityforvessels. hundred and eight tons burden, wit guard gates, waste—weirs, locks, lock-houses, gasins, bridges, and al other erections and fixtures that ma be necessary for safe and convenient navigation of sm¢y,¤m.,¤: mv. said canal andy feeders, and shall be constructed on plans and spplci- ’¤°“°“· iieations to be approved by the Secretary of War: Provided, at afging W¤‘**> the Secretary of Mar sha 1, in his discretion, change or alter the igrmao. ' dimensions of the locks of said canal and feeder if in his opinion the °“““g°‘· °°°· cost of said improvement is not thereby increased. It shall be the duty of the Secretary of War, in order to secure S¤c~r··r{:! gvnrw the right of way for such canal and feeder, to acquire the title to i§·°`$hi·cg»,e‘i¤."y such lands as maybenecessary by agreement, purchase, or voluntary conve ance from the owners, if it can be done on reasonable terms · but ify that should be found impracticable, then the Secretary of 0<>¤¤¤¤¤¤•¤¤¤ pre War shall apply at any term of the circuit or district court of the S United States for the northern district of Illinois to be held thereafter, at any eneral or special term held in said district, and in the name of the United States institute and carry on proceedings to condemn such lands as may be necessary for right o way as aforesaid · and in such roceedings said court s all be governed by the laws of the State of Illinois, so far as the same may e applicab e to the sub- `ect of condemning private property for public use; the Secretary of vWar to cause said work to commence as soon as practicable by the wggt¤g_lmcg;;q:me¤¤ of construction of one of the locks and dams on said k River at such int as be may deem most advisable, and shall cause said work to hg constructed in accordance with the foregoing provisions and of · ermanent and substantial materials and in a good and workmanlike manner. _ For continuing o erations upon the reservoirs at the head waters may xiv". of the Mississi pi diver, eighty thousand dollars, to be expended in $***8* '°*°”°*”· accordance the recommendations of the Chief of Engineers in his annual report for the year eighteen hundred and eighty-nine. Improving the Mississippi River above Saint Ant ony’s Falls; u$myeF*sl•i-iu: an- Continuing improvement, eighteen thousand dollars, "" “ STAT L-von xxvi--29