Chapter CCX. *for the Improvement of Water Communication between the Mississippi River and Lake Michigan, by the Wisconsin and Fox Rivers*
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CHAP. CCX.— An Act *for the Improvement of Water Communication between the Mississippi River and Lake Michigan, by the Wisconsin and Fox Rivers*. July 7, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Secretary of War may adopt plan for improvement of navigation of Wisconsin river; That the Secretary of War is hereby authorized to adopt for the improvement of the navigation of the Wisconsin river such plan as may be recommended by the chief of the Bureau of Engineers.
Sec. 2. *And be it further enacted*, That the Secretary aforesaid is herebyto ascertain, within, &c. amount which should equitably be paid to the Green Bay and Mississippi Canal Company for transfer of its property. authorized to ascertain at any time he shall deem proper within three years from the passage of this act, the sum which ought in justice to be paid to the Green Bay and Mississippi Canal Company, a corporation existing under the laws of Wisconsin, as an equivalent for the transfer of all and singular its property and rights of property in and to the line of water communication between the Wisconsin river aforesaid and the mouth of the Fox river, including its locks, dams, canals, and franchises, or so much of the same as shall, in the judgment of said Secretary, be needed; and to that end is authorized to join with said company in appointing aArbitrators. board of disinterested and impartial arbitrators, one of whom shall be selected by the Secretary aforesaid, another by said company, and the third by the two arbitrators so selected.
The Secretary aforesaid is authorizedAttorney for the United States. to employ a competent agent or attorney to represent the interests of the United States upon the bearing before such board: *Provided*, That in making their award the said arbitrators shall take intoAmount to be deducted from award. consideration the amount of money realized from the sale of lands heretofore granted by Congress to the State of Wisconsin to aid in the construction of said water communication, which amount shall be deducted from the actual value thereof as found by said arbitrators.
Sec. 3. *And be it further enacted*, That no money shall be expended onNo expenditure to be made for the improvement of the Fox and Wisconsin river until, &c. the improvement of the Fox or Wisconsin river until the Green Bay and Mississippi Canal Company shall make and file with the Secretary of War an agreement in writing, whereby it shall agree to grant and convey190FORTY-FIRST CONGRESS. Sess. II. Ch. 210, 211, 212. 1870. to the United States the property and franchises mentioned in the foregoing Report of arbitrators to be submitted to Congress.section, upon the terms awarded by the arbitrators.
It is hereby made the duty of the Secretary of War to transmit to Congress, a copy of the report of the arbitrators, upon which Congress may, at its then present session, elect to take such property upon making an appropriation Proviso.to pay the amount awarded : *Provided*, That if the Secretary of War shall not transmit to Congress a copy of the report of the arbitrators at least sixty days before the close of its session, Congress may at its next session make such election and appropriation.
Sec. 4. Tolls and revenues to be paid into the United States treasury.*And be it further enacted*, That all tolls and revenues derived from the improvements made or acquired under the provisions of this act, after providing for the current expenses of operating and keeping the same in repair, shall be paid into the treasury of the United States, and whenever the United States shall be reimbursed for all sums advanced Tolls to be reduced when, &c.for the same, with interest thereon, then the tolls aforesaid shall be reduced to the least sum which, together with other revenues properly applicable thereto, if any, shall be sufficient to operate and keep the improvements in repair.
Sec. 5. Secretary of War to report to Congress annually the progress made in the improvements, &c.*And be it further enacted*, That the Secretary of War shall annually report to Congress the progress made in the completion of said improvements, the amount expended thereon, the amount, if any, required for the succeeding fiscal year, and the amount of revenue derived therefrom. Approved, July 7, 1870.