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(c) Such professional and technical assistance may be employed without regard to the civil-service laws, and such service may be established as may be required to accomplish the purposes of this Act and for which money may be appropriated by Congress or made available by gifts for such purpose.

SEC. 5. Nothing in this Act shall be held to deprive any State, or political subdivision thereof, of its civil and criminal jurisdiction in and over lands acquired by the United States under this Act. SEC. 6. There is authorized to be appropriated for carrying out the purposes of this Act such sums as the Congress may from time to time determine.

SEC. 7. The provisions of this Act shall control if any of them are in conflict with any other Act or Acts relating to the same subject

matter.

Approved, August 21, 1935.

[H. R. 7447]

AN ACT

To amend an Act to provide for a Union Railroad Station in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section 5 of an Act of Congress entitled "An Act to provide for a Union Railroad Station in the District of Columbia, and for other purposes ", approved February 28, 1903 (Public, Numbered 122, 32 Stat. 909), which reads:

"No streets or avenues, except Ninth, Twelfth, and Fifteenth Streets, and New York Avenue, shall be opened across the railroads constructed under authority of this Act between Florida and Montana Avenues, and said Ninth, Twelfth, and Fifteenth Streets, when and as opened, shall be carried above the railroads by suitable viaduct bridges, the cost whereof, with their approaches within the limits of the right-of-way, shall be paid by the terminal company, but shall be maintained as in the case of other public highways in the District of Columbia ", be, and the same is hereby, amended to read as follows:

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No streets or avenues shall be opened across the railroads constructed under the authority of this Act between Florida Avenue and an extension of the west line of Twenty-second Street Northeast from Bryant Street to New York Avenue, except New York Avenue and except as hereinafter provided; the Baltimore and Ohio Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company shall construct, within two years after being directed so to do by the Commissioners of the District of Columbia, a suitable viaduct bridge above the said railroads connecting Brentwood Road and T Street Northeast, with New York Avenue at such point as may be determined by the said Commissioners between Fourth Street Northeast and the extension of Mount Olivet Road Northeast, as the same may be shown on the plan of the permanent system of highways at the time the said Commissioners direct the construction of said viaduct bridge, said viaduct bridge either to connect directly with New York Avenue at grade or to pass over said avenue with connections thereto as the said Commissioners may direct; the Baltimore and Ohio Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company shall pay in equal shares the entire cost and expense of the bridge structure, including the necessary retaining walls and approaches in connection therewith, between the southerly line of New York Avenue as now publicly owned, and the southerly line of Brentwood Road as now publicly owned; the Baltimore and Ohio Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company shall dedicate or cause to be dedicated to the District of Columbia such land lying between the southerly line of

Brentwood Road and the northerly line of New York Avenue Northeast, as now publicly owned, as may be necessary for the location of such bridge structure and the approaches thereto in accordance with the plan of the permanent system of highways as said plan may be established at the time the Commissioners direct the construction of said viaduct bridge; the cost of maintenance of said viaduct bridge, retaining walls, and approaches is to be borne entirely by the District of Columbia; and said viaduct bridge, retaining walls, and approaches shall be constructed in accordance with plans and specifications and at a location approved by the Commissioners of said District; and the Baltimore and Ohio Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company shall construct, within two years after being directed so to do by the Commissioners of the District of Columbia, a suitable subway or underpass beneath the tracks of said companies within the lines of the street connecting the intersection of New York Avenue and West Virginia Avenue Northeast, as the same may be shown on said plan of the permanent system of highways at the time said Commissioners direct the construction of said subway or underpass; the said railroad companies shall pay in equal shares the entire cost and expense of the subway or underpass structure, including the necessary retaining walls in connection therewith, and in addition thereto, so much of the approaches to said subway or underpass as lie within the limits of the said railroad companies' properties; each of said railroad companies shall dedicate or cause to be dedicated to the District of Columbia such land lying within the limits of said railroad companies' properties as may be necessary for said street in accordance with the plan of the permanent system of highways as said plan may be established at the time the Commissioners direct the construction of said subway or underpass; the cost of maintenance of said approaches is to be borne entirely by the District of Columbia; the cost of maintenance of said subway or underpass structure and the retaining walls is to be borne entirely by said railroad companies; and the said subway or underpass and the retaining walls and approaches shall be constructed in accordance with the plans and specifications and at a location approved by the Commissioners of said District."

SEC. 2. Congress reserves the right to alter, amend, or repeal this Act.

SEC. 3. If this amendatory Act or any part thereof shall be declared invalid, so much of this Act as forbids the opening of Ninth, Twelfth, and Fifteenth Streets shall be void, and the duty of the terminal company referred to in said Act of Congress approved February 28, 1903, to construct suitable viaduct bridges and the approaches thereto to carry said streets over the railroads as required by said section 5 of said Act of February 28, 1903, as originally enacted, shall remain in full force and effect and unimpaired by this amendatory Act.

Approved, August 9, 1935.

[CHAPTER 338-3D SESSION]

[H. R. 10643]

AN ACT

To amend the Act of August 9, 1935 (Public, Numbered 259, Seventy-fourth Congress, first session).

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 of August 9, 1935 (Public, Numbered 259, Seventy-fourth Congress, first session n), as relates to the Baltimore and Ohio Railroad Company and the Philadelphia, Baltimore and Washington Railroad Company constructing a suitable viaduct bridge above the said railroads connecting Brentwood Road and T Street Northeast with New York Avenue, as requires the construction thereof within two years after being directed so to do by the Commissioners of the District of Columbia, is hereby amended by extending such time for initiating this construction to October 20, 1940, and for the completion thereof witnin eighteen months thereafter.

Approved, June 11, 1938.

(400)

[CHAPTER 93-1ST SESSION]

[H. R. 3066]

AN ACT

To amend an Act to provide for a Union Railroad Station in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section 10 of an Act of Congress entitled "An Act to provide for a Union Railroad Station in the District of Columbia, and for other purposes", approved February 28, 1903 (Public, Numbered 122, Fifty-seventh Congress, 32 Stat. 909), which reads "Any and all streets or highways within the District of Columbia now or hereafter planned or projected to cross any line of steam railroad in the District of Columbia, which may be hereafter opened to public use shall be located, constructed, and maintained either beneath such railroad by a suitable subway, or above the same by a suitable viaduct bridge at such altitude as will not interfere with the free and safe operation thereof.", be, and the same is hereby, amended to read as follows:

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"Any and all streets or highways within the District of Columbia now or hereafter planned or projected to cross any line of railroad, other than a street railway, in the District of Columbia, which may be hereafter opened to public use, shall be located, constructed, and maintained either beneath such railroad by a suitable subway, or above the same by a suitable viaduct bridge at such altitude as will not interfere with the free and safe operation thereof: Provided, however, That nothing herein contained shall require the location, construction, or maintenance of any such street or highway under or above any spur, industrial, switching or side track, or branch line of railroad unless the Commissioners of the District of Columbia shall find the same is necessary in the public safety."

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SEC. 2. Congress reserves the right to alter, amend, or repeal this Act.

SEC. 3. If this amendatory Act, or any part thereof, shall be declared invalid, the Act of February 28, 1903, as originally enacted shall remain in full force and effect and unimpaired by this amendatory Act.

Approved, May 9, 1941.

(401)

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