Moreover, the landowners and others, who were contending for the uninterrupted navigation of the Harlem, abandoning their contemplated appeal to the U. S. Courts, addressed themselves to the Legislature. The efforts made were successful, and the following law was passed on 3d May, 1839.

AN ACT PRESCRIBING THE MANNER IN WHICH THE CROTON AQUEDUCT SHALL PASS THE HARLEM RIVER. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

1. The Water Commissioners shall construct an aqueduct over the Harlem river, with arches and piers the arches in the channel of said river shall be at least eighty feet ;

span, and not less than one hundred feet from the usual hiffh water mark of the river to the under side of the arches at the crown or they may carry the water across said river by a ;

tunnel under the channel of the river, the top of which tunnel shall not be above the present bed of the said channel.

The Commissioners, who had in vain sought the instruction of the Common Counquestion, of a high or low bridge, and who had at last, on their own recil on this vexed

sponsibility, decided in favor of the low or syphon bridge, and had actually entered into contract for its construction, were naturally not a little annoyed at the change of plan thus

authoritatively forced upon them. Nevertheless, they submitted with a good grace, and,

having taken the precaution to insert in the contract a proviso, that if at any time the plan of the low bridge should be abandoned, the Commissioners might vacate the Contract upon