New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-19
Fort st. Philip Canal.

i Bill to provide for the construction of a
ship canal near Fort st. Philip, in the
State of Louisiana.
WHEREAS, The Mississippi river is a
national highway, the Improvement and de-
tense Of which concern the whole people OF
this nation; and,
/ Whereas, The construction of ship canal
to connect the navigable waters Of the Mis-
sissippi and the Gulf of Mexico, OF sufficient
| dimensions for the passage Of vessels of the
largest tonnage, will afford great protection
as a military work, and will be of vast i'm
portance to the United States in facilitating
| and increasing the commerce between the
| United States and
! Whereas, Said canal should be constructed
| and controlled by the Government of the
! United States, therefore,
Be it enacted by the Senate and House
| Of Representatives of the United States of
America in Congress assembled, That a
| ship canal be constructed for military, naval
and commercial purposes, to connect the
/ navigabe waters of the Mississippi river
with the Gulf of Mexico, in the State of
| Louisiana commencing at some convenient
point on the Mississippi, near Fort st
| Philip, and terminating at some convenient
| point in Breton Island Pass, on the Gulf
of Mexico. which shall not be less than two
| hundred feet wide at the bottom through
| out the trunk, and with not less than
| twenty seven feet in depth of water, with
| not less than eighty feet wide and four
| hundred feet long at the Mississippi river,
| and guard-lOck near the Gulf; and for that
| purpose the Secretary of War shall have
| power and authority, by engineers and
agents employed by him, to enter upon any
| lands for the purpose of making the neces-
| sary preliminary examinations and surveys,
| and to enter upon and appropriate to the
use Of the United States, tor the purpose
aforesaid, any lands tor the construction of
! such canal, with guard-gates, wasteweirs,
| locks, lock houses, basins, bridges and other
| ereCtlOns and fixtures as may be necessary
| for the safe and convenient navigation of
| the canal.
SEC. 2. That the Secretary of War shall
cause to be made, by skillful engineers of
the army, all necessary examinations and
/ surveys, and from them and surveys al
| ready made, he shall determine and locate
| the route OF said canal, with due regard
to the permanency of its construction and
its greatest advantages for military, naval
and commercial purposes; and the said en-
gineers shall make and file in the office Of
| the Secretary of War a survey, map, and
profile of said canal when thus located,
and before the work thereon shall be com
menced.
SEC. 3. That it. shall be the duty of the
| Secretary of War to secure the right of way
for such canal. to acquire the title to such
lands as may be necessary by agreement
purchase or voluntary cessiOn, from the
owners, if it can be done or reasonable
terms; but if that shall be found impracti-
cable, then the Secretary of War, by engi-
| neers, may, at any time thereafter, enter
| upon and take possession of said lands and
| appropriate the same to the United States
fer the purpose of the construction of said
canal, and shall apply, at any term Of the
Circuit or District Court of the United
| States for the District of Louisiana, TO be
| held thereafter, at any general or special
term held in said State, upon twenty days
notice, for the appointment of commission
ers to fix the compensation to be paid by the
United States for such right of way and any
such land, to the owners thereof, and the
damages, if any; such application shall be
made on the service Of notice Of not less
than twenty days to the parties in interest,
OF the time when and place where such ap-
plic4tiOn is to be made; and if it shall be
made to appear to said court, or the judge
thereof, that personal service of such notice
can not be made for any cause, such services
may be made by publishing the same in
such newspaper and for such length of time
! as the court or judge may direct, which no.
tice and the petition on which it is issued
| shall in all cases describe with reasonable
| certainty the lands designed to be taken;
and before proceeding to the hearing, the
said court shall appoint guardians for such
| of the parties interested in the lands as are
minors and some suitable person or persons
to represent the interest OF such as are in
sane or otherwise incapable of anaging
their own affairs, and of such as are ul-
known or absent from the State.
SEC. 4. That upon the hearing the court
shall appoint three DISTINGUISHED freehOiders
residing in said district Of Louisiana. as
commissioners of appraisal, whose duty it
| shall be to meet at a time and place as
| signed by them for that purpose. after Civ
ing notice to all parties in interest, and 10
! proceed ana hear the proofs and allegations
Of the parties. and shall view the said lands
so proposed to be taken and appropriated,
aud thus to ascertain and fix the cOmpensa-
| ton which the United States shall pay
therefor and to report their dOings 10 the
said court. 1t shall be the duty OF said APP
| praiseTs, in estimating such damages to
land, also to estimate the benefits resulting
| to such premises from the construction of
said work, and to offset such benefits
| against the damages estimated by them SO
far as shall be just.
SEC. ). That the said commissioners shall
| have power to administer Oaths to the
| witnesses, and to adjourn such hearing,
| from time to time, as convenience may re-
quire, by proclamation, without notice, and
| they shall make report OF their proceed
| ings to the court named in section three of
this act, with the minutes OF the testimony
taken by them, if any. On such report be-
! ing made by said commissioners, the United
States shall give notice to the parties to be
affected By the proceedings, or their attOr-
| peys, according to the rule and practice OF
said court, at any general or special term
| thereof, for the confirmation Of such re-
port; and If no appeal be taken theretr0m,
| the court shall thereupOn confirm such re-
port. and shall make an order containing q
| recital Of the substance Of the proceedings
in the matter Of the appraisal, and q de-
scription of the real estate appraised, tor
which compensation is to be made, and
shall also direct to whom the money
is to be paid. But either party
feeling aggrieved at said apprasemrnt
may, within thirty days after the same has
been returned into court, file an appeal
| theEefrom and demand jury of twelve
men to estimate the damages sustained; but
such appeal shall not interfere with the
rights Of said United States tn enter upon
| the premises taken, or to do any act neces-
sary and proper in the construction OF its
canal. In case the 0wuer of the land takes
an appeal he shall give bonds, with sUtfi-
cient surety or suretieE, for the payment Of
any costs that may arise upon such appeal
and in case the party does not obtain
| verdict, increasing or diminishing, as the
| case may be, the award OF the commissions
eTs. such party shall pay the whole costs
incurred By the appellee as well as his own;
and the payment into court, for the use of
said premises taken, Of a sum equal to that
finally awarded shall be held to vest III the
| United States the title Of said land OF the
right t0-use and occupy the same for the
| construction, maintenance and operation OF
said canal.
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