or beginning of the high land or elevation to the east thereof constituting the westerly end of Buffalo Rock; along which said stretch of territory said Illinois Waterway Commission shall have the right to construct said walls or dykes as far north from the north edge of the water in said river as may be absolutely necessary in order to create a practical waterway under the provisions of this Act, said dykes or walls, however, in no case or event to be north of, upon, or to interfere with the right of way of the Chicago, Ottawa and Peoria Railway as now existent. It shall be the duty of the Illinois Waterway Commission to build, construct and maintain the dykes or walls herein described, so that, together with the natural banks of said river, impervious to seepage, the elevation of the banks of said river on both sides thereof between the points aforesaid shall in no place be less than an elevation of minus one hundred and five (105) Chicago city datum. It shall also be the duty of the Illinois Waterway Commission to build, construct and maintain, between the points last above named, on both sides of said river, drains, ditches or intercepting sewers of sufficient character and description to dispose of all the water from all creeks, ditches, drains, and all surface water naturally flowing into said river between said points. § 8. When it shall be necessary, in the opinion of said commission, for the economical and successful construction, operation and maintenance of said waterway and other public works herein specified, to enter upon and use any public property, or property held for public use, said commission shall have the power to do so and to enter upon, occupy, use, widen, deepen and improve the waterway, canal, pool or lakes, but the public use thereof shall not be unnecessarily interfered with. The property which the said commission is authorized to enter upon and use under this section includes all property and all interest in property which the State of Illinois has lawful power to appropriate to the use of said waterway or other public works without making compensation therefor. § 9. Whenever the said commission shall pass an ordinance or resolution for the construction of any part of the said waterway or canal, or other public works, or adjacent thereto, the making of which will require that private property should be taken or damaged, such commission shall cause the compensation therefor to be ascertained and paid, and acquire possession thereof in the same manner, as nearly as may be, as is provided for in an Act entitled "An Act to provide for the exercise of the right of eminent domain," approved April 10, 1872, and the amendments thereto: Provided, that the proceedings to ascertain such compensation shall in all cases be instituted in the county where the property sought to be taken or damaged is situated in the Circuit or County Court of said county. The property which the said commission is authorized to acquire under this section shall include all property and all interest in property which the State of Illinois has not the lawful power to appropriate to the uses of said waterway and other public works without making compensation therefor. The State of Illinois shall be liable for all damages to real estate or other property, which shall be overflowed or otherwise damaged by reason of the construction, enlargement or use of any channel, ditch, drain, outlet, embankment, wall, dam, crib, or other improvement or structure of any kind made under the provisions of this Act; and action to recover such damages may be brought against the said Illinois Waterway Commission in the county where any such real estate or property is situated, or in any county through which said Illinois Waterway extends or in which any part of it shall exist, at the option of the party whose property shall be claimed to have been so damaged; and all suits to recover any such damages shall be begun in the Circuit Court of the county so selected by such party in which to bring the same, and service of summons shall be had in the manner as provided by law for the service of summons at common law upon corporations, by leaving a copy of such summons with any member of the said commission who shall be found in the county where the suit is brought or by leaving a copy thereof at the principal office of said commission and informing the person in charge of said office of the nature thereof; and in case judgment is rendered against the defendant in such action the said judgment shall be held, deemed and considered as a binding and conclusive judgment against the State of Illinois, in all respects and for all purposes; and the same shall be promptly paid in like manner and out of the same funds as other payments are made for the expense and cost of constructing said waterway. Nothing herein contained shall deprive either party to said judgment to right of appeal or writ of error as in other cases. And in case judgment shall be rendered against the defendant for damages as aforesaid, the plaintiff shall also recover his reasonable attorney's fees to be taxed as costs of such suit: Provided, however, that in order to recover such attorney's fees it shall appear on the trial that the plaintiff had duly notified the commission in writing, at least sixty (60) days before such suit was commenced, by leaving a copy of such notice with some one of such commissioners, stating in such notice that the plaintiff claims damages to the amount fixed in such notice by reason of the causes which shall in such notice be stated, and that he intends to bring suit for the same: And, provided, further, that in case it shall appear that the said commission did prior to the beginning of such suit, offer the plaintiff in settlement of such damages, an amount which shall be as large or larger than the amount of damages recovered by the plaintiff in such suit, no such attorney's fees shall be recovered. This section shall extend to and apply to any corporation, municipal or otherwise, which shall be a plaintiff in any such action, as well as to natural persons. § 10. Subject to the limitations contained in this Act, the said commission is hereby authorized to acquire by purchase, all property, real and personal, which in the opinion of said commission is necessary or desirable for the construction, equipment and maintenance of the public works herein before specified, and to appoint and employ all assistants, agents and employees, to enter into all contracts and to do all other acts which in the opinion of said commission may be necessary or desirable for the construction of said waterway and for the erection, equipment and maintenance of said power plants, locks, bridges, dams and appliances and the necessary adjuncts thereto. All contracts for work to be done and material required by said commission under authority of this Act, the expense of which will exceed five hundred (500) dollars, shall be let to the lowest responsible bidder therefor, upon not less than thirty (30) days' public notice. The terms and conditions upon which said contract shall be let shall be given by publication in three newspapers of general circulation in the State of Illinois printed in the English language and also in two engineering papers for circulation in the United States; and said commission shall have power and authority to reject any and all bids and re-advertise: Provided, however, that said commission shall or may cause any piece or pieces of work to be performed by direct employment of labor without the letting of a contract, which, in the discretion of the commission. evidenced by the affirmative vote of not less than three (3) of the commissioners, can be most economically performed by that method; and all labor so employed shall be under the direction of the chief engineer and his properly authorized assistants: And, provided, further, that with the approval of the Governor, machinery for doing said work may be purchased upon a like vote without soliciting competitive bids, where in the judgment of the commission the machinery to be purchased is not subject to competition. The said commission is hereby directed, in letting contracts for the construction of the aforesaid public works, to require of all contractors, as a condition precedent to the acceptance of their bids, that such contractors and their sub-contractors shall adequately insure all workmen and other employees employed by them against risk of all injury or death suffered in the course of their employment. All compensation for either injury or death shall be paid according to a law approved June 28, A. D. 1913, entitled, "An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries, or death, suffered in the course of employment within this State, providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an Act entitled, "An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment." The commission shall further require all contractors and subcontractors to file with said commission the name of the company or companies furnishing the insurance and the acknowledgment of such company or companies that such insurance has been furnished. In case the State shall undertake the construction of said public works, or any part thereof, by the direct employment of labor, any employee of the State injured in the course of his employment, or in case of his death in consequence of said injury, his dependents shall be relieved and compensated out of the funds under the control of said. commission in accordance with the Workmen's Compensation Act heretofore referred to in this section. § 11. Said commission is hereby vested with all police powers necessary to preserve the peace and protect property and preserve health within the territory contiguous to said waterway, within a distance of two (2) miles on either side thereof, but excluding therefrom all territorv within which any incorporated city, town or village is vested by law with the same police powers which are hereby granted to said commission. For the enforcement of said police power the said commission is authorized to organize a police force, said police force to be disbanded and discharged when said waterway shall have been completed. The members of said police force shall have all the powers vested by law in police officers and constables. The said commission shall also have power to prescribe sanitary regulations for all camps, boarding houses, and dwellings where employees of said commission or contractors are domiciled; and any violation of any police or health rule or regulation. of said commission shall be deemed a misdemeanor punishable as such upon trial and conviction as provided by law in other cases. Said commission shall have power to appoint a health officer, who shall be at physician, and to prescribe his powers and duties. § 12. For the purpose of defray [ing] all expenditures of said commission made by authority of this Act, there is hereby appropriated to the Illinois Waterway Commission the following sums: For channel excavation and dredging. For locks and dams .. $1,240,200. For right of way and damage to land... 1,404,550. 318,250. For levees, land filling, road work, bridges, sewers and drains 437,000 1,000,000. 600,000. For office expenses, salaries of appointees and employees of the commission and other administrative and contingent expenses incurred by the commission.... Total $5,000,000. or so much thereof as may be necessary, payable out of the "Waterway Fund" hereinafter provided for; and for the raising of which sums so appropriated there shall be issued and sold in the manner and at the time or times as hereafter recited, bonds of the State of Illinois to an amount not exceeding five million (5,000,000) dollars, as authorized to be issued by an amendment or provision of the Constitution of the State of Illinois, which was duly ratified by a vote of the people on November 3rd, 1908, and proclaimed adopted by the Governor on November 24th, 1908, and the proceeds thereof shall be paid into the State treasury and shall be kept in a separate fund to be known as the "Waterway Fund." The commission shall be charged with the duty of selling said bonds, or any part thereof, to the highest bidder after advertising for a period of ten (10) weeks and at least once each week, in at least two daily newspapers, one of which shall be published in the city of Springfield and at least. one other in the city of Chicago. The said commission may reject any and all bids made in pursuance of said advertisements, and in such events, is authorized to re-advertise for bids in the manner above described as many times as may be necessary to effect a satisfactory sale. Two-fifths of each issue of said bonds shall be in denominations of five hundred (500) dollars each and three-fifths in denominations of one thousand (1,000) dollars each; and in the sale of said bonds, as hereinafter provided, the Illinois Waterway Commission shall in the case of intending purchasers who bid the same price, give the preference to those who bid for the smaller quantity. Said bonds shall not all be issued and sold at one time, but shall be issued and sold from time to time, as the work progresses, in amounts necessary to meet the obligations incurred by said commission as they shall be estimated by the chief engineer and reported to and approved by said commission. The bonds issued shall be dated as of the first day of January, or the first day of July, next preceding the date of their issue, and shall draw interest, payable semi-annually evidenced by interest coupons, at a rate not exceeding four (4) per cent per annum. All bonds issued shall be made payable in twenty years from the date of their issue, and, in the discretion of the said commission, may be made redeemable in ten (10) years from the date of their issue. They shall be engraved and printed under the direction of the Governor, shall be under the seal of the State, shall be signed by the Governor, and countersigned by the Treasurer and Auditor of the State, and until sold shall be deposited with the State Treasurer. The estimate made and approved, as aforesaid, of the funds which will be required to meet the obligations for the said work, including maturing interest on outstanding bonds for a period of six (6) months, beginning with the first day of January or July next ensuing thereafter, shall be made and filed with the Governor of the State of Illinois, in the months of April and October of each year. § 13. All payments for salaries, wages, work done under contract, materials, supplies, machinery, lands, damages to lands and other expenditures made under this Act, shall be made by the State Treasurer out of the aforesaid waterway fund upon warrants drawn by the Auditor of Public Accounts, based upon bills of particulars and vouchers certified by the official or agent of said commission having knowledge of the facts upon which the said vouchers are based, audited by the secretary and approved by the chairman of the commission and the Governor. The said commission shall prescribe the manner in which payments shall be made for the current and emergency expenses and provide for safe-guarding all disbursements of funds on this behalf. The said commission shall have power to keep under its control a fund not exceeding at any one time fifty thousand (50,000) dollars, to meet immediate demands and expenses, and for the purpose of creating the said fund the Auditor of Public Accounts is authorized in the first instance to issue his warrant for the sum of fifty thousand (50,000) dollars at the direction of the said commission, and payable to its treasurer; and the Auditor of Public Accounts is authorized thereafter, upon approval of the Governor, to issue warrants for the purpose of maintaining said fund at the sum of fifty thousand (50,000) dollars, but shall only issue said warrants upon the presentation to him of receipted bills of particulars and vouchers, certified by the official or agent of said commission having knowledge of the facts upon which the vouchers are based, audited by the secretary, and approved by the chairman of the commission and the Governor, showing the disbursements made by said commission out of the aforesaid fund. § 14. The said commission shall, on or before the first day of January in each year, make a full report to the Governor of the State. of Illinois of all business transacted by it during the year ending on the preceding thirtieth (30th) day of November, including a statement |