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ARTICLE IV. Immediately upon the execution hereof the legislature of the State of New Jersey shall appoint three commissioners to confer with three commissioners to be immediately appointed by the general assembly of the State of Delaware for the purpose of drafting uniform laws to regulate the catching and taking of fish in the Delaware River and Bay between said two States, which said commissioners for each State, respectively, shall, within two years from the date of their appointment, report to the legislature of each of said States the proposed laws so framed and recommended by said joint commission. Upon the adoption and passage of said laws so recommended by the respective legislatures of said two States said laws shall constitute the sole laws for the regulation of the taking and catching of fish in the said river and bay between said States. Said laws shall remain in force until altered, amended, or repealed by concurrent legislation of the said two States. Said commissioners shall also ascertain the dividing line between said river and bay, and upon each of the shores of said two States where said dividing line extended shall intersect the same, shall, at the joint expense of said States, erect a suitable monument to mark the said dividing line. Said dividing line between said monuments shall be the division line between the said river and bay for the interpretation of and for all purposes of this compact, and of the concurrent legislation provided for therein.
The faith of the said contracting States is hereby pledged to the enactment of said laws so recommended by said commissioners, or to such concurrent legislation as may seem judicious and proper in the premises to the respective legislatures thereof.
Each State shall have and exercise exclusive jurisdiction within said river to arrest, try, and punish its own inhabitants for violation of the concurrent legislation relating to fishery herein provided for.
ARTICLE V. All laws of said States relating to the regulation of fisheries in the Delaware River not inconsistent with the right of common fishery hereinabove mentioned shall continue in force in said respective States until the enactment of said concurrent legislation as herein provided.
ARTICLE VI. Nothing herein contained shall affect the planting, catching, or taking of oysters, clams, or other shell sh, or interfere with the oyster industry as now or hereafter carried on under the laws of either State.
ARTICLE VII. Each State may, on its own side of the river, continue to exercise riparian jurisdiction of every kind and nature, and to make grants, leases, and conveyances of riparian lands and rights under the laws of the respective States.
ARTICLE VIII. Nothing herein contained shall affect the territorial limits, rights, or jurisdiction of either State of, in, or over the Delaware River, or the ownership of the subaqueous soil thereof, except as herein expressly set forth.
ARTICLE IX. This agreement shall be executed by the said commissioners when authorized to do so by the legislatures of the said States. It shall there upon be submitted to Congress for its consent and approvel. Upon the ratification thereof by Congress it shall be and become binding in perpetuity upon both of said States; and thereupon the suit now pending in the Supreme Court of the United States, in which the State of New Jersey is complainant and the State of Delaware is defendant, shall be discontinued without costs to either party and without prejudice. Pending the ratification bereof by Congress said suit shall remain in statu quo.
Done in two parts (one of which is retained by the commissioners of Delaware, to be delivered to the governor of that State, and the other one of which is retained by the commissioners of New Jersey, to be delivered to the governor of that State) this day of
in the year of our Lord one thousand nine hundred and five.
Therefore, Be it enacted by the senate and house of representatives of the State of Delaware in general assembly met:
SECTION 1. The foregoing compact or agreement, and every clause, matter, and thing therein contained, be, and the same is hereby, adopted, ratified, and confirmed as and for the act and deed of the State of Delaware, and the commissioners of the said State are hereby authorized and empowered, on its behalf, to execute the same in duplicate and to deliver one copy thereof to the commissioners of the State of New Jersey.
SECTION 2. It shall be the duty of the governor, at or before the next session of Congress of the United States, to transmit a duly certified copy of this act
to the President of the United States, with the request that it be communicated to Congress for its action thereon. Passed at Dover the seventeenth day of March, A. D. 1903.
ISAAC T. PAG.KER, President of the Senate.
WM. D. DENNEY,
Speaker of the House. Approved this the twentieth day of March, A. D. 1905.
STATE OF DELAWARE.
OFFICE OF SECRETARY OF STATE.
I, Joseph L. Cahall, secretary of state of the State of Delaware, do hereby certify that the above and foregoing is a true and correct copy of "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay, and to authorize the execution of thereof," approved March 20, A. D. 1905, as the same appears on file in this office.
In testimony whereof I have hereunto set my hand and official seal, at Dover, this thirtieth day of October, in the year of our Lord one thousand nine hundred and five. (SEAL.)
JOSEPH L. CAHALL,
Secretary of State.
(Senate Document No. 260, Fifty-ninth Congress, first session.)
To the Senate and House of Representatives:
In compliance with the request of the governor of the State of New Jersey, I transmit herewith, for the action of the Congress thereon, a certified copy of an act of the legislature of the State of New Jersey, entitled "An act to ratify and confirm a compact or agreement between the States of New Jersey and Delaware respecting the Delaware River and Bay, and to authorize the execution thereof."
THEODORE ROOSEVELT. THE WHITE HOUSE, March 9, 1906.
STATE OF NEW JERSEY, EXECUTIVE DEPARTMENT,
Trenton, N. J., March 7, 1906. SIR: I beg to inclose herewith a certified copy of an act of the legislature of the State of New Jersey known as chapter 42 of the laws of 1905, by the second section of which it is made the duty of the governor of this State to transmit a duly certified copy of the act in question to the President of the United States, with the request that it be communicated to Congress for its action thereon. As the matter referred to in this act of our legislature is of considerable public interest, both to the State of New Jersey and the State of Delaware, I will esteem it a favor if you will kindly communicate to Congress the fact that a certified copy of this act has been brought to your attention at your earliest opportunity. I am, with great respect, very truly, yours,
E. C. STOKES, Governor of New Jersey.
THE PRESIDENTgton, D.O.
STATE OF NEW JERSEY.
CHAPTER 42. AN ACT to ratify and confirm a compact or agreement between the States of
New Jersey and Delaware respecting the Delaware River and Bay, and to authorize the execution thereof.
(This act is identical in recitals and enactment with that of Delaware, adding a third section.)
This act shall take effect immediately. Approved March 21, 1905.
STATE OF NEW JERSEY.
DEPARTMENT OF STATE.
I, S. D. Dickinson, secretary of state of the State of New Jersey, do hereby certify that the foregoing is a true copy of an act passed by the legislature of this State and approved by the governor the 21st day of March, A. D. 1905, as taken from and compared with the original now on file in my office.
În testimony whereof I have hereunto set my hand and affixed my official seal at Trenton this 7th day of March, 1906. (SEAL.]
S. D. DICKINSON,
Secretary of State. STATE OF NEW JERSEY.
1, Edward C. Stokes, governor of the State of New Jersey, do hereby certify that S. D. Dickinson, esq., who hath signed the annexed certificate, and whose official seal is thereto annexed, was, at the doing thereof, and now is, secretary of state of the State of New Jersey, duly appointed, commissioned, and sworn, and that full faith and credit are to be given to his official attestations; that the said signature is in the proper handwriting of the said S. D. Dickinson, and the seal his seal of office, and that the said certificate is in due form of law and by the proper officer.
In testimony whereof I have hereunto set iny band and caused the great seal of the State of New Jersey to be hereunto affixed, at the city of Trenton, in said State, this seventh day of March, in the year of our Lord one thousand nine hundred and six, and of the Independence of the United States the one hundred and thirtieth. (SEAL.]
E. C. STOKES. By the governor : S. D. DICKINSON,
Secretary of State.
RESURVEY OF LAND IN COLORADO.
JANUARY 19, 1907.—Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed.
Mr. FORDNEY, from the Committee on the Public Lands, submitted
[To accompany s. 1178.)
The Committee on the Public Lands, to whom was referred the bill (S. 1178) for the resurvey of township 16 south of range 71 west of the sixth principal meridian, in Fremont County, Colo., having had the same under consideration, respectfully submit the following report:
This bill is an ordinary bill for a resurvey of lands, based upon the statement that the original monuments have been lost or are obliterated, with the result that it is impossible to determine the location of the Government subdivisions involved.
The Senate Committee on Public Lands referred this bill to the Interior Department, and in the Senate report, which accompanies this report, there is the finding of the Land Office with reference thereto.
Subject to the limitation suggested by the Commissioner, there can be no objection to the passage of this bill. This limitation is that before any resurvey is made the General Land Office cause an examination and inspection of the lands in controversy to be made by an agent of the Department, and that the survey be dependent upon his report that a necessity for the same exists. With this limitation, which was incorporated in the Senate bill, your committee recommend that said bill do pass.
(Senate Report No. 2557, Fifty-ninth Congress, first session.)
The Committee on Public Lands, to whom was referred the bill (S. 1178) providing for the resurvey of a township of land in Colorado, having had the same under consideration, report it back with an amendment and recommend that as amended the bill do pass.
The suggested amendment is as follows: At the end of the bill add the following:
"Provided further, That before any survey is ordered it shall be made to appear to the Secretary of the Interior that the former official survey of said lands is so inaccurate or obliterated as to make it necessary to survey the land, and only such parts of the land where the survey is so inaccurate or obliterated shall be surveyed.”
The bill as amended meets with the approval of the Interior Department, as will appear from the following letters of the Secretary of the Interior and the Commissioner of the General Land Office:
DEPARTMENT OF THE INTERIOR,
Washington, February 1, 1906. SIR: I have received, by reference from your committee, a copy of S. 1178, entitled “A bill providing for the resurvey of a township of land in Colorado," with a request for the views of the Department thereon.
The letter was referred to the Commissioner of the General Land Office, and for your information I inclose a copy of his report thereon under date of the 31st ultimo.
The Commissioner has stated therein that he is unable to report as to the necessity for the resurvey, and he has recommended that the defects of the original survey be first ascertained by an examiner of surveys, and he has incorporated in his report a proviso which will effect that end if added to the bill. I concur in the report of the Commissioner. Very respectfully,
E. A. HITCHCOCK,
Secretary The CHAIRMAN OF THE COMMITTEE ON PUBLIC LANDS,
DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE,
Washington, D. C., January 31, 1906. SIR: I am in receipt, by your reference dated January 26, 1906, for report in duplicate, with recommendation and return of papers, of Senate bill 1178, providing for the resurvey of a township of land in Colorado, which was referred to the Committee on Public Lands and by that committee referred to the Department with request for its views thereon.
The text of the bill is as follows:
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to cause to be made a resurvey of the lands in township numbered sixteen south of range numbered seventy-one west of the sixth principal meridian, in Fremont County, in the State of Colorado; and all rules and regulations of the Interior Department requiring petitions from all settlers of said township asking for resurvey and agreement to abide by the result of same, so far as these lands are concerned, are hereby abrogated : Provided, That nothng herein contained shall be so construed as to impair the present bona fide claim of any actual occupant of any of said lands so occupied."
I have the honor to report that the survey of this township was executed in 1880, prior to the field examinations now required, by Deputy William Murray. It appears from the records of this office that only about one-tenth of the land in this township has been entered for agricultural purposes, this portion being in the north and west. The greater part of the lands appear to be mountainous.
I am unable to report as to necessity for the resurvey, as the office has on file no recent complaints of defective or fraudulent surveys in this township.
I recommend, therefore, that the defects in the original survey be first ascertained by an examiner of surveys.
In Nebraska certain surveys were authorized at the last session of Congress, the act for which contained the following proviso:
“That before any survey is ordered it shall be made to appear to the Secretary of the Interior that the former official survey of said lands is so inaccurate or obliterated as to make it necessary to survey the land, and only such parts of the land where the survey is so inaccurate or obliterated shall be surveyed."
The adoption of a similar proviso in connection with bill No. 1178 would secure the examination recommended by this office. Very respectfully,
W. A. RICHARDS,
Commissioner, The SECRETARY OF THE INTERIOR.