HERBERT R. O'CONOR, GOVERNOR. 411

5A. That whenever any state road or bridge under
the jurisdiction of the State Roads Commission shall be
destroyed or rendered impassable, in whole or in part, by
the City of Baltimore, in connection with the work herein
contemplated, it shall be the duty of said City to replace
the same, as nearly as possible, at its own expense, with
a suitable and convenient road or bridge in lieu thereof;
provided that the said Mayor and City Council of Balti-
more shall not have the power, anything in this Act or
in any other Act to the contrary notwithstanding, to con-
demn any such state road or bridge under the jurisdiction
of the State Roads Commission, but shall have the right
to divert, alter, close or destroy any state road or bridge
under the jurisdiction of the State Roads Commission,
when necessary in the course of such work, only by agree-
ment with the State Roads Commission, on such terms as
to replacing the same for the convenience of the public as
may by said State Roads Commission be required. In the
event that said City and the State Roads Commission may
not be able to agree upon the terms under which said
state road or bridge is to be altered, diverted, closed or
destroyed, or upon the location or character of the state
road or bridge to replace the same, or upon any other
terms as to the replacing of the same, the matter shall
be referred to the Chief Engineer of the State Roads
Commission, for the time being, and the Chief Engineer
of Baltimore City, for the time being, who shall have
plenary power to consider and decide all questions in con-
nection with such diversion, alteration, closure or de-
struction of such state road or bridge, and to determine
where, how and in what manner, and within what time,
the same shall be replaced by said City. No state road
or bridge shall be closed or altered in whole or in part
under the provisions of this Act until another shall have
been constructed and opened to the public in lieu thereof
as herein provided, and said Engineers shall have full
power and authority to summon, and require the at-
tendance of, all witnesses in connection with their in-
quiries under this section, and to require that their testi-
mony shall be taken under oath, as required by law. The
said Engineers and the third person hereinafter men-
tioned, if there be such, shall each receive a per diem of
ten dollars while actually engaged in work imposed or
authorized by this section, the same and all other reason-
able expenses of said Engineers, including the employment
of a secretary, if such, employment be deemed necessary
by said Engineers, to be paid by the City of Baltimore.
The decision of said Engineers in. all matters between the