Page:United States Statutes at Large Volume 35 Part 1.djvu/837

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820 SIXTIETH CONGRESS. Ssss. II. C11. 264. 1909. industrial pur ses not inconsistent with the requirements of naviga-

 tion: Provided:) That all moneys received under such leases or licenses

,,,,°,$,{’““· °"" °t "' shall be deposited in the Treasury of the United States, and an 1tern— ized statement thereof shall accompany the annual report of the Chief of Engineers. _ _ _ 1‘¥;;*;i§;*§;'·‘§;{*;Qé Sec. 10. That in connection with any works which may undertaken by sms sunmnm. affecting the waters of the White, Stuck, and Puyallup rrvers, in King and Pierce counties, State of Washington, under authority of the laws of said State, the Secretary of War is in his discretion hereby authorized to consent to the permanent diversion of the waters of the White River into the Stuck and Puyallup rivers upon the approval by him and the Chief of Engineers of the location and plans for such diver- 1>¤w·¤¤¤=¤> B*V¤*· sion. The Secretary of War is also authorized, in his discretion, to wv°siiiiem¤g,¤:¤.,pei- rmit any corporation or association of persons in King County, ”‘“’*"· Washington, at their own expense, and without cost to the United States Government, to widen, deepen, and straighten the Duwamish nam. River in said King County: Provided, That the work so done shall be A”'°"“ °* *’““"r in accordance with plans approved by the Chief of Engineers of the War Department. _ m§“"éfm§§°”“ F"““ Sec. 11. That the ownership in fee simple absolute by the United Npecessirrvf ¢·v¤¤- States of all lands and roperty of every ind and description north `iwgeiii ii:rd°é:¤°$2ii$ of the present Saint Miirys Falls Ship Canal throughout its entire

  • ’°““"">'· length and lying between said ship canal and the international boundary line at Sault Sainte Marie, in the State of Michigan, is necessary

for the purposes of navigation of said waters and the waters connected Pmizeelinsn w •¤— e Secreta o ar is ere irecte to ta e procee ings immethTliwith· f W h b d d k d h ‘“'°°1‘°°" °t°‘ diately for thelzcq uisition by condemnation or otherwise of all of said lands and property of every kind and description, in fee simple absolute. He shall roceed in such taking by filing in the office of the register of deeds of Chippewa County, in the State of Michigan, a writing, stating the purpose for which the same is taken under the provisions of this section, and giving a full description of all the lands and roperty of commencemwr of every kind and description thus to be taken. After the filing of said ”°*k‘ writing, and ten days after publication thereof in one or more newspppers in the city of Sault Sainte Marie, in the State of Michigan, the nited States shall be entitled to, and shall take, immediate possession of the property described, and may at once roceed with such public works thereon as have been authorized by Congress for the uses of _ navigation. &f,f;!f*”“"°“ '“'* The circuit court of the United States for the western district of Jurisdicrwn. Michigan is hereby iven exclusive jurisdiction to hear condemnation proceedings and to cietermine what compensation shall be awarded for property taken under authority of this section. After the taking of any property by the Government of the United States, as herein provided for, the United States, by its proper officials, shall begin condemnation proceedings in the aforesaid court, and the practice shall be in accor ance wit the practice in the courts of the State of Michigan for the condemnation of lands by the State for public buildings of such State so far as the same may be followed without conflicting with the provisions hereof. Possession may be taken by the United States prior to a determination by a court of any necessity of taking, and prior to any determination of the amount of compensation. "•Y¤°¤°¤~ Any money payable by the Government under the provisions of this section shall be payable out of any money heretofore authorized or rgiipropfialted for the purpose of improving Saint Marys River at the __ _ a s, 1 ic igan. ,..,5§,'{"e§Y *"°“?’°"° All that part of "An Act making appropriations for the construc- V°*-**·P·'°”8- tion, repair, and preservation of certain public works on rivers and harbors, and for other purposes," approved March second, nineteen hundred and seven, beginning with the words "and all lands and