Evening journal., 1904-02-23

Of Representatives OF rhe United States
Of America In Congress assembled.
United States to Own It.
Section /. That the secretary OF war be,
and he Is hereby, authorized and directed,
TO acquire, for and on behalf Of the United
States. all the property, real personal and
mixed. Of every name and nature, lnclud-
Ing the capital stock, together with the
rights. franchises and privileges Of the
chesapeake and Delaware Canal Com
lpany, a corporation now owning and oper-
ating q canal from Chesapeake City, in
the state OF Maryland, to Delaware City.
in the State Of Delaware; provided a SAT-
isfactory title to all of said property can
be obtained. The secretary Of war shall
appoint a board consisting Of three Of
hcers OF the engineering corps Of the
United States army. who shall examine
and appraise the value Of the property,
rights, franchises and privileges Of the
said Chesapeake and Delaware Canal
Company and shall make report Of their
ieSamination and appraisement to the
secretary Of war. The amount paid by the
secretary Of war for the property, rights
franchises and privileges Of said Canal
Company shall not exceed the amount OF
lappraisemeht of said board. From and
after the requirement Of the property
rights. franchises and privileges Of the
said Chesapeake and Delaware Canal
Company, as Aforesaid, aad until the said
canal shall have been converted into a
ship canal, as hereinafter provided. SAID
canal shall be operated for and on behalf
lof the United States. under such rules and
regulations as the secretary Of war shall
Iprescribe.
Government to Make Survey
Section ?. That the board appointed
by the secretary Of war. as hereinbefore
provided shall cause to be made all neces-
sary examinations and additional sur
lveys; and from them and from surveys
heretofore made, the said board Of en-
igineers, or majority Of them, shall de-
termine the best manner of converting
said canal into a canal for the passage
lof sea-going vessels, due regard being
had for the permanency Of its construc-
tion and its greatest advantages for mili-
ltary, naval and commercial purposes; and
said boaTd shall file in the office of the
secretary Of war a survey. map and pro-
file Of the proposed work before the same
shall be commenced. Such work shall in
clude the widening. deepening and per-
imanent Construction Of all approaches 10
said canal which approaches shall bs
deemed and taken TO be part OF said
canal. Said canal, when completed. shall
be Of sufficient capacity and depth as
shall afford convenient passage for sea-
going vessels Of the largest tonnage and
greatest draft now IN use and such as
may be reasonably anticipated. and shall
be supplied with all necessary locks ana
other appliances to meet the necessities Of
vessels passing through the same.
About Right of Way.
Section 3. That It shall be the duty Of
the secretary Of war to secure such addi-
tional rights Of way for such canal as
may be required, and to acquire the title
to such lands as may be necessary. by
agreement. purchase, or voluntary con-
lveyance from the owners, II # can be done
on reasonable terms provided that II the
owners OF such lands shall refuse to sell
them at reasonable prices, then the
prices to be paid shall be determined aIo
the title and jurisdiction procured in the
manner prescribed by the laws. general
or special Of Delaware and Maryland for
condemnation OF lands for public uses, as
lsuch lands may lie in the said States re-
spectively.
To Rush Work.
Section 4. That tho secretary of war
shall cause the work OF converting said
canal into ship canal to be entered upon
land commenced as soon as practicable
after this act goes into effect, and shall
cause the same, with all additional and
necessary locks lock houses. bridges, and
lother erections and fixtures to be COM
pleted and said ship canal TO be ready for
navigation at the earliest possible day
consistent with the public interests; and
for that purpose he shall detail sufh-
lcient number Of the most skllful and ex-
lperienced officers from the Corps OF En-
Iginecrs as he may deem best and neoes-
sary, who shall superintend and direct
said work, under such orders ana rules
as he may prescribe.
Work by Contract.
Section 8. That the secretary OF war. ~
in his judgment it will be to the interest
lof the United States, may cause said work
lor any part OF the same, to be put under
contract to the lowest bidder; and In such
case he shall invite proposals for any
work, or any material or labor for any
part Of said work and there shall be
separate proposals and separate contracts
for each work. and also for each class
lof material or labor for each work; and
lhe shall report to Congress on the first
Monday OF DECEMBER of each year. or as
soon thereafter as may be. all the bids
with the names Of the bidders and te
whom the contracts for the construction
iof the work have. been awarded: Provided.
that no contract shall be made except
latter public advertisement for proposals
in such form and manner as the secretary
OF war may direct. and to secure general
notice thereof; and the same shall only
be made with the lowest responsible bill
der therefor upon security deemed suf-
hcient in the Judgment OF said secretary.
Section g. That said canal and every
part thereof and the locks Jock houses.
bridges. and other erections and fixtures
connected Herewith and to be construct
led thereon shall at an times. ana after
the ssme shall be made. be kept and main
tanned in good order and repair and con-
ldiaon for the free use and navigation
thereof and when thus completed The
said canal shall be a military. naval
postal, and public highway connecting the
waters OF The Delaware and Chesapeake
Bays ana shall be established as such
10 the United States and the peopi. tbcra.