dred and seventy-eight, by which said Eads is entitled to receive certain moneys to pay for materials furnished, labor done, and expenditures incurred in the construction 1875, c. 134. of the work at the mouth of the Mississippi River; and 18 Stat., 463. the whole of the herein before-recited act, approved March third, anno Domini eighteen hundred and seventy-five, except as the same is hereby expressly modified or amended; or has by act heretofore passed been modified or amended, shall be and remain in full force, and have the same effect as if this act had not been passed. Approved, March 3, 1879. May 13, 1879. CHAP. 6.—An Act Making appropriations for constructing Vol. 21, p. 4. jetties and other works at South Pass, Mississippi River. tion. 18 Stat., 463. 20 Stat., 168. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Appropria- That the requisite amount is hereby appropriated out of any money in the Treasury not otherwise appropriated, to enable the Secretary of War to cause to be paid all Eads Jetties. money that may become due and owing to James B. Eads and his associates, or that may become payable to said Eads, his assigns or legal representatives, in accordance 1875, c. 134, with the provisions of the act approved March third, eighteen hundred and seventy-five, and the acts amendatory thereof, and to continue the monthly payments in the manner and to the full extent of the amount specified in 1878, 313, the act approved June nineteenth, eighteen hundred and seventy-eight, chapter three hundred and thirteen, Statutes at Large: Provided, That nothing herein contained shall be held or construed as waiving or impairing any right which the United States may have under the original act hereinbefore referred to or the several acts amendatory thereof: And provided further, That nothing Reserve not in this act shall be construed as making an appropriation for the payment of the one million of dollars which by the provisions of the act of March third, eighteen hundred and seventy-five are to remain as security in the possession of the United States and only to become payable, one-half at the end of ten years and the residue at the end of twenty years after the completion of the work provided for in said acts as ascertained and determined by the Secretary of War. Proviso. Proviso. appropriated. Approved, May 13, 1879. June 10, 1879. CHAP. 15.-An Act To amend an Act entitled "An Act making Vol. 21, p. 8. appropriations for the construction, repair, preservation, and completion of certain works on rivers and harbors and for other purposes," approved March third, eighteen hundred and seventy-nine. Be it enacted by the Senate and House of Representatives River im- of the United States of America in Congress assembled, 1879, c. 181, That such parts of the moneys heretofore appropriated by 20 Stat., 364, the act of which this is amendatory for the improvement provements. 370. Kanawha River. Kentucky River. Purchase of Proviso. of the Great Kanawha River in West Virginia and the Approved, June 10, 1879. Condemna tion. Improve CHAP. 22.-An Act To correct an error in "An Act making June 14, 1879. appropriations for the construction, repair, preservation, and com- Vol. 21, p. 20. pletion of certain works on rivers and harbors, and for other purposes" approved March third, eighteen hundred and seventy-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act entitled "An act making appro- ment of Chocpriations for the construction, repair, preservation, and tawhatchee completion of certain works on rivers and harbors, and 1879, c. 181, for other purposes," approved March third, eighteen hun- 20 Stat., 374. dred and seventy-nine, as, provides for the survey of "Chattahoochee" River, between Geneva and Newton, in Alabama, be, and the same is hereby, corrected so as to read, "Choctawhatchee" River, Alabama, from Geneva to Newton. Approved, June 14, 1879. River. CHAP. 32.-An Act To authorize the Secretary of War to use June 19, 1879. certain moneys appropriated by Act of Congress approved March Vol. 21, p. 23. third, eighteen hundred and seventy-nine, "for the protection of the high sand-banks on the Chippewa River," in the completion and protection of improvements in and near the mouth of said Chippewa River. Wis. Use of appropriation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That the Secretary of War be, and he is hereby, author-Chippewa ized, in his discretion, to apply and use for the comple-1879, c. 181, tion and protection of the wing-dams, jetties, and other 20 Stat., 372. improvements of the Chippewa River in the State of Wisconsin, located at and near the mouth of said river, so much of the moneys appropriated by an act of Congress approved March third, eighteen hundred and seventy-nine, entitled "An act making appropriations for the construction, repair, preservation, and completion of certain works on rivers and harbors, and for other purposes," as were appropriated "for the protection of the high sand banks on the Chippewa River," and so forth, as may be required for such purpose herein provided: Provided, That such use or application of the moneys Proviso. June 28, 1879. herein authorized shall be made under the same limitations and conditions as provided in the act hereinbefore named, and subject to the terms and conditions of the proviso attached to said appropriation for said Chippewa River in said act approved, March third, eighteen hundred and seventy-nine. Approved, June 19, 1879. 66 CHAP. 43.—An Act To provide for the appointment of a MisVol. 21, p. 37. sissippi River Commission" for the improvement of said river from the Head of the Passes near its mouth to its headwaters. Mississippi River Commission. Vol. 31, p. 792. Post, p. 936. Vacancies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created, to be called "The Mississippi River Commission," to consist of seven members ["]. SEC. 2. The President of the United States shall, by and with the advice and consent of the Senate, appoint seven commissioners, three of whom shall be selected from the Engineer Corps of the Army, one from the Coast and Geodetic Survey, and three from civil life, two of whom shall be civil engineers. And any vacancy which may occur in the commission shall in like manner be filled by the President of the United States; and he shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed from the Engineer Corps of the Army and the Coast and Geodetic Survey shall receive no other pay or compensation than is now allowed them by law, and the other three commissioners shall receive as pay and compensation for their services each the sum of three thousand dollars per annum; and the commissioners Tenure of appointed under this act shall remain in office subject to removal by the President of the United States. President. Compensa tion. office. Duties. SEC. 3. It shall be the duty of said commission to direct and complete such surveys of said river, between the Head of the Passes near its mouth to its headwaters as may now be in progress, and to make such additional surveys, examinations, and investigations, topographical, hydrographical, and hydrometrical, of said river and its tributaries, as may be deemed necessary by said commission to carry out the objects of this act. And to enable said commission to complete such surveys, examinations, and investigations, the Secretary of War shall, when requested Detall of as by said commission, detail from the Engineer Corps of the Army such officers and men as may be necessary, and shall place in the charge and for the use of said commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed sistants, etc. Act approved February 18, 1901, amends this act by adding thereto a section providing that the headquarters and general offices of the Commission shall be located at some town on the river, etc. necessary. And the Secretary of the Treasury shall, when requested by said commission, in like manner detail from the Coast and Geodetic Survey such officers and men as may be necessary, and shall place in the charge and for the use of said commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed necessary. And the said commission may, with the approval of the Secretary of War, employ Additional such additional force and assistants, and provide, by purchase or otherwise such vessels or boats and such instruments and means as may be deemed necessary. force. Duties. SEC. 4. It shall be the duty of said commission to take into consideration and mature such plan or plans and estimates as will correct, permanently locate, and deepen the channel and protect the banks of the Mississippi River; improve and give safety and ease to the navigation thereof; prevent destructive floods; promote and facilitate commerce, trade, and the postal service; and when so prepared and matured, to submit to the Secretary of War a full and detailed report of their proceedings and actions, Report. and of such plans, with estimates of the cost thereof, for the purposes aforesaid, to be by him transmitted to Congress: Provided, That the commission shall report in full upon the practicability, feasibility, and probable cost of the various plans known as the jetty system, the levee system, and the outlet system, as well as upon such others as they deem necessary. SEC. 5. The said commission may, prior to the completion of all the surveys and examinations contemplated by this act, prepare and submit to the Secretary of War plans, specifications, and estimates of costs for such immediate works as, in the judgment of said commission, may constitute a part of the general system of works herein contemplated, to be by him transmitted to Congress. SEC. 6. The Secretary of War may detail from the Engineer Corps of the Army of the United States an officer to act as secretary of said commission. Proviso. Immediate works. Secretary. Appropria SEC. 7. The Secretary of War is hereby authorized to expend the sum of one hundred and seventy-five thousand tion. dollars, or so much thereof as may be necessary, for the payment of the salaries herein provided for, and of the necessary expenses incurred in the completion of such surveys as may now be in progress, and of such additional surveys, examinations, and investigations as may be deemed necessary, reporting the plans and estimates, and the plans, specifications, and estimates contemplated by this act, as herein provided for; and said sum is hereby appropriated for said purposes out of any money in the Treasury not otherwise appropriated. Approved, June 28, 1879. 5979°-H. Doc. 1491, 62–3, vol 1—20 June 28, 1879. [No. 19.] Joint Resolution Authorizing a survey of the MissisVol. 21, p. 54. sippi River near Lake Concordia, Louisiana, and Cowpen Bend, Mississippi. Examina tion and sur sippi River. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be and he is hereby authorized and vey of Missis- directed to order a survey and recommendations thereon of the Mississippi River near Lake Concordia, Louisiana, and of Cowpen Bend, Mississippi, looking to the protection of the harbors of Natchez and Vidalia by restraining the river from cutting into Lake Concordia, and of the Charenton Canal in St. Mary's Parish, Louisiana, out of moneys already appropriated for surveys and examinations by act of Congress of March third, eighteen hundred and seventy-nine. Approved, June 28, 1879. .Jan. 23, 1880. CHAP. 10.-An Act Directing the removal of obstructions from Vol. 21, p. 61. the harbor at the Delaware Breakwater. obstructions in ware Break water. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemRemoval of bled, That the Secretary of War be, and he is hereby, harbor at Dela- directed to cause to be removed from the harbor at the Delaware Breakwater and the entrance thereto and in the main ship channel of the Delaware Bay and River several vessels which were sunk in the year eighteen hundred and seventy-seven, and now forming obstructions endangering the safety of vessels entering said harbor after reasonable notice to the owners of such vessels to remove the same, Appropria- and the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated for that purpose, out of any money in the Treasury not otherwise appropriated. Notice. tion. Approved, January 23, 1880. May 18, 1880. CHAP. 95.-An Act To abolish all tolls at the Louisville and Vol. 21, p. 141. Portland Canal. Tolls at Louisville and nal abolished. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the first day of July, eighteen hundred and eighty, no tolls shall be charged or collected at the Louisville and Portland Canal, but the Secretary of War shall be authorized to draw his warrant from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said canal in repair [*]. Approved, May 18, 1880. a The Treasury Department has decided that this act does not appropriate money for operating and caring for the canal. |