[ Act No. 101, March 09, 1901 ]

AN ACT TO AMEND AN ACT ENTITLED "AN ACT APPROPRIATING ONE MILLION DOLLARS, IN MONEY OF THE UNITED STATES, FOR IMPROVING THE PORT OF MANILA," ENACTED OCTOBER FIFTEENTH, NINETEEN HUNDRED.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:SECTION 1. Section one of an Act entitled "An Act appropriating one million dollars, in money of the United States, for improving the Port, of Manila," enacted October fifteenth, nineteen hundred, is hereby amended to read as follows:

"The stum of one million dollars, in money of the United States, is hereby appropriated, to be paid out of any money in the Insular Treasury not otherwise appropriated, to be immediately available and to be expended by the Military Governor, through the Chief Engineer, United States Army, for the Division of the Philippine Islands, for continuing the improvements of the harbor of Manila, including the outer harbor and the Pasig River from the Bridge of Spain to the mouth, in accordance with the plans and specifications to prepared by the Chief Engineer, Division of the Philippines, which have been submitted to and approved by the Commission, and are on file in this office, and which are a modification of the plans and specifications adopted and partially carried out by the Spanish Government for the improvement of said harbor, and which are also on file in the office of the Chief Engineer."

SEC. 2. Section two of said Act is hereby amended so as to read as follows:

"The appropriation hereby made shall be first used, so far as it will go, toward finishing what is known in the Spanish plan as the western breakwater of said harbor, and extending the same in a southerly direction so that its end will be in water about the depth of thirty feet at mean low water, and in dredging behind and within said breakwater to a depth not exceeding thirty feet at mean low water, so that shipping of the largest class now frequenting the port of Manila may be able to be under its protection; to improve the present canal connecting the harbor thus made with the Pasig River, and to improve the Pasig River below the Bridge of Spain and the bar at the mouth of the river. So much of the material excavated by such dredging as shall be necessary for the purpose shall be deposited behind a timber bulkhead and elsewhere where required to form land in shallow water near and along the shore line of the harbor. The said bulkhead shall also be erected in accordance with the said modified plans of the Chief Engineer. As soon as reasonably practicable a channel shall be provided about five hundred feet in width and thirty feet in depth at mean low water from the end of the western breakwater, when completed according to said modified plans, to the said bulkhead, so that deep draft vessels may be alongside any wharves which may hereafter be provided on the line of said bulkhead and load and unload without the use of lighters."The improvement of the Pasig River hereby provided for shall consist of the necessary works to provide by dredging and maintain a depth of eighteen feet at mean low water from deep water in the Bay to the Bridge of Spain. The improvement of the canal between the harbor and the Pasig River shall consist of the necessary works to give a depth of fifteen feet at mean low water through the said canal and into the Pasig River."

SEC. 3. Section 5 of said Act is hereby amended by making all of said section prior to rule (a) read as follows:

"The work herein provided for shall, as far as practicable, be done and the necessary materials purchased by contract or contracts with private individuals or corporations. Bids for doing the same shall be advertised for and the contracts for doing the same shall be awarded to the lowest responsible bidder or bidders, except as hereinafter provided."When the Chief Engineer shall decide that public exigency requires the immediate delivery of any article or performance of any service, the article or service required may he procured by open purchase or hire at the places and in the manner in which articles are usually bought and sold or such services engaged between individuals, provided the price of such article or service does not in any single instance exceed five thousand dollars Mexican: Provided, That the Chief Engineer is hereby authorized to make contracts for the work of harbor improvements as projected and set forth in said modified plans and specifications prepared by him as above set forth, in addition to the sum already appropriated, to an amount not exceeding two million dollars, money of the United States. Additional appropriations will be made from time to time to make payments for said contracts on or before the exhaustion of funds available for said contracts. And provided further, that in the improvement of the Pasig River and the canal between the harbor and the river, the Chief Engineer may cause the work to be done by the use of hired labor and purchase of materials without first advertising for bids, if in his opinion this method is most economical and advantageous to public interests."The Chief Engineer may advertise and contract for the doing of the work prescribed by this act either as a whole or in parts, as he he may deem most advantageous to the public interests."In making such advertisements or contracts be shall observe the following general rules and regulations, viz:"

SEC. 4. This Act shall take effect on its passage.Enacted, March 9, 1901.

Source: Supreme Court E-Library