Theodore E. McKeldin, Governor                   291

herein provided, and said Engineers shall have full power and
authority to summon, and require the attendance of, all witnesses in
connection with their inquiries under this section, and to require
that their testimony shall be taken under oath, as required by law.
The decision of said Engineers in all matters between the City and
the State Roads Commission which may devolve upon them under
this section shall be final and conclusive unless impeached for fraud
in appropriate proceedings instituted in the Circuit Court of Balti-
more City, to set aside their findings on such ground. Whenever said
Engineers may require and determine that the Mayor and City
Council of Baltimore shall construct a road to replace any state road
diverted, altered, closed or destroyed, or to be diverted, altered, closed
or destroyed in the course of the work contemplated by this Act, said
City shall have power to agree with the owners of land, property or
things to be taken or injuriously affected in the construction thereof,
and, in default of agreement, to condemn the right of way under the
provisions of this Act, authorizing the condemnation of property, land
or things for the purposes of this Act, or may, at its election, make
application to the State Roads Commission for the opening or altera-
tion of such state road, in which latter event the proceedings shall
be those prescribed by law for the opening or alteration of state
roads, except that no land owner shall be assessed for any part of
the cost thereof, the whole of such cost to be borne by the Mayor and
City Council of Baltimore. In the event of disagreement between the
said Engineers as to any matter devolved upon them by the terms of
this section, they shall call in as a third arbiter, an engineer skilled
in the construction or maintenance of highways and bridges, to be
selected by the Governor of Maryland, on the application of either
of said Engineers, in the event they are unable to agree on such third
person, the decision of any two of the board thus selected to be
binding on the parties, and to be final and conclusive, unless im-
peached for fraud as aforesaid. All costs and expenses incurred in
connection with any such arbitration proceedings shall be paid by
the Mayor and City Council of Baltimore.

The powers and duties of the Director of Public Works of Balti-
more City under this section may, at any time, with the consent of
the Mayor of Baltimore, be delegated by him to one of his assistant
engineers, or such powers may be exercised and duties performed
by some third party to be named by the municipal agency charged
with the duty of carrying the work under this Act into execution.
The powers conferred and the duties imposed by this section upon
the Chief Engineer of the State Roads Commission may at any time,
with the consent of the said State Roads Commission, be delegated
by him to one of his assistant engineers.

SEC. 7. And be it further enacted, That as soon as the Mayor
and City Council of Baltimore shall be ready to begin work under
this Act, the Roads Engineer of any county affected, and the Director
of Public Works of Baltimore City, shall together make a careful
inspection of all public roads, and portions of public roads, and of all
bridges of such county, certain or likely, in the opinion of said Roads
Engineer, to be used by the Mayor and City Council of Baltimore,
or its agents, or contractors, for teaming or hauling, in connection
with said work, and shall thereupon draw up a memorandum, in
writing, one duplicate whereof shall be filed and kept in the office
of the County Commissioners of such county, and the other duplicate
whereof shall be filed and kept in the office of the Comptroller of