The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-09

shall be made in writing to the commits
soner of the general land Office, accom-
panied by one-ffth OF the purchase money,
and also by a COPY of the act of congress
authorizing the construction of such deep
water harbor, navigable channel, docks or
wharyes, and a complete plat or map
showing the location and design OF such
improvements, and said plat or map shall
also show the public lands, shores. Islands
and shallow bays applied for, and the
depths of such shallow bays in feet, de-
termined by actual survey or as shown by
the United States coast survey map.
Sec. L. Upon payment OF one-fifth of
the purchase money. as hereinbefore pre-
vided. the commissioner of the general
land office shall issue a receipt therefor,
and attach thereto a CODY of the applica
ton and plat filed by said purchaser, which
said receipt shall be sufficient authority
to the proper county surveyor to survey
the lands. shores. islands or shallow bays
sold; provided. that the remainder of the
purchase money .. II any indlvidu-
al. association of individuals. company or
corporation purchasing land. island or shall
low water bays under this act shall fail
to secure twenty feet of water over the
bar between the Gulf of Mexico and the
main harbor within five years from the
date of such purchase and maintain sdlu
twenty feet of water continuously for two
years, then all such rights shall revert 10
the State. II any such corporation
shall fail to conform to the act OF congress
in prosecuting such work or il such corpo-
ration shall fail to secure twenty feet of
water at low tide upon the bars and other
distractions between the main harbor and
the Gulf OF Mexico within five years after
the date at which this act shall take eff
feet. II such corporation now exists. or
within five years of the date of the filing
of the charter of any such company here,
after to be formed. then all islands, lands,
shallow bays and other rights acquired
under this act shall be forfeited and shall
revert to and vest in the State OF Texas
Sec. o. Any corporation organized un-
der the laws OF this State which has such
authority as mentioned in the first Sec
ton OF this act conferred upon it by act
OF the congress OF the United States, NAV
construct, own and maintain, upon the
gulf coast of Texas. in connection with
It's deep water harbor and navigable chan
nels. docks and wharves and nayigahle
channels for the accommodation of com
MERGE and -
Sec, (which contains the emergency
eiausel reads as follows: And whereas,
ueep water improvements are OF vital inn
portanoe TO the country and ="
II is manifest to me that the object of
thls act was to obtain deep water chan
nels ana harbors upon the Texas coast,
ana mat the right to construct. own or
maintain docks and piers was incident TO
ana dependent upon obtaining deep water
uS such CORPORATIONS as are mentioned In
the hrst section of this act, with private
uHpital' Ihis Is quite plain from the lang
uaEe employed in section 5 of the act
Nnlch only authorizes said COMBINATIONS
70 construct. own and maintain upon the
gun coast OF Texas docks and wharyes
and MaVtpahla oh
uation or commerce" only I'm connection
with us deem water harhor and na,,i-
saoie channels This View is much forfI-
Heu uy the language employed in section
ol INC act appearing as It does twice
III sald section in the following language,
II any corporation purchasing
~ lauu under this act shall fail
sscule twenty feet Of water over the
Tween the Gulf of Mexico and the
I I naroor within fve years from The
uate ol snch purchase and maintain said
tNeh'N ieet OF water continuously for i've
years then all such rights fof s,tch n,,r-
cnasersl shall revert TO The state :, ..tt
t suVu corporation shall fail Ia conforn,
70 the sct OF congress IN prosecuting sueh
oolA' OF II such corporation shall Fan in
,,, twenty feet OF water at low tide
tu,ea 'as oArs and other distractions be-
SHeen tne main harhor and The cufs ~
mexico within Eve years . 49, ~,
r 1.J lands, shallow bays and other
tejisd s sOa under this act shall be for
So anu shall revert TO and vest In he
STATE OF Texas While a ,s - ~
s s5osla q forfeiture above set forth when
su brsa alone appear to be conditions
tbst s w. out yet II is hardly eohcelyable
sa st tne legislature would have provided
M, 'p ,bS torteitures unless it had meant
nal anS , 1Sp'alning OF twenty foot cham
mo, anu me removal of these obstructions
IL he 'n a. bars were conditions precedent
sti,utea a' gu OF any rights. and con-
s esnenIs conferred BY the act Nv tSs Gre ue
were uss ~ me act only such corporations
as Were sr,h sa 10 purchase lands under II
NJ a. 1u,norized by an act OF congress
oe :, .ne United States to construct "S orn
= 49, OF maintain with private eaniiai
socSs p water harbor. nayigable channel
sccomns, scs a purchaser was required Ii
the asf !, nls application with : copy or
s,rre,,s OF CONGRESS authorizing ,hs con.
gable eb.u ?, suca deep water harbor. navl.
befo-, NnannsL dock or wharves. et-." A.
h.