Public Law 314. granting the consent of Congress to the State of Alabama, its agent or agencies, and to Colbert County and to Lauderdale County in the State of Alabama, and to the city of Sheffield, Colbert County, Alabama, and to the city of Florence, Lauderdale County, Alabama, or to any two of them, or to either

7,756 words·~35 min read·/statutes-at-large/vol-49/public-law-314·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/74/313).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Tennessee River.Bridge authorization across, modified.Vol. 48, p. 945; *Post*, p. 1254. That the Act entitled “An Act granting the consent of Congress to the State of Alabama, its agent or agencies, and to Colbert County and to Lauderdale County in the State of Alabama, and to the city of Sheffield, Colbert County, Alabama, and to the city of Florence, Lauderdale County, Alabama, or to any two of them, or to either of them, to construct, maintain, and operate a bridge, and approaches thereto, across the Tennessee River at a point between the city of Sheffield, Alabama, and the city of Florence, Alabama, suitable to the interests of navigation”, approved June 12, 1934, is amended to read as follows:

" Alabama Highway Bridge Commission added as a construction agency.“That the consent of Congress is hereby granted to the State of Alabama, its agent or agencies, and to Colbert County and to Lauderdale County in the State of Alabama, and to the city of Sheffield, Colbert County, Alabama, and to the city of Florence, Lauderdale County, Alabama, and to the Highway Bridge Commission, Incorporated, of Alabama, or to any two of them, or to either of them, to construct, maintain, and operate a bridge, and approaches Location modified.thereto, across the Tennessee River, at a point suitable to the interests of navigation, between Colbert County and Lauderdale County in the State of Alabama, in accordance with the provisions Vol. 34, p. 84; [U.

S. C., p. 1474](/us/usc/p1474).of an Act entitled ‘An Act to regulate the construction of bridges over navigable waters ’, approved March 2,11So in original. 1906. “Sec. 2. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved.” " Sec. 2. Time extension. The times for commencing and completing the construction of the bridge authorized to be built by such Act approved June 12, 1934, as amended by section 1 of this Act, are hereby extended one and three years, respectively, from the date of the enactment of this amendatory Act.

Approved, August 23, 1935. To establish and promote the use of standards of classification for tobacco, to provide and maintain an official tobacco inspection service, and for other purposes. 1935-08-23 623 Chapter 49 Stat. 731 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 731 [CHAPTER 623.] AN ACT To establish and promote the use of standards of classification for tobacco, to provide and maintain an official tobacco inspection service, and for other purposes.

August 23, 1935.[[H. R. 8026](/us/bill/74/hr/8026).][[Public, No. 314](/us/pl/74/314).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That when used Tobacco Inspection Act.Definitions.“Person.”in this Act—

(a)“Person” includes partnerships, associations, and corporations, as well as individuals.

(b)“Secretary” means the Secretary of Agriculture of the United “Secretary.”States.

(c)“Inspector” means any person employed, licensed, or authorized “Inspector.”by the Secretary to determine and certify the type, grade, condition, or other characteristics of tobacco.

(d)“Sampler” means any person employed, licensed, or authorized “Sampler.”by the Secretary to select, tag, and seal official samples of tobacco.

(e)“Weigher” means any person employed, licensed, or authorized “Weigher.”by the Secretary to weigh and certify the weight of tobacco.

(f)“Tobacco” means tobacco in its unmanufactured form.“Tobacco.”

(g)“Auction market” means a market or place to which tobacco “Auction market.”is delivered by the producers thereof, or their agents, for sale at auction through a warehouseman or commission merchant.

(h)Words in the singular form shall be deemed to import the The singular form to denote plural when necessary.“Commerce.”plural form when necessary.

(i)“Commerce” means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purposes of this Act (but not in any wise limiting the foregoing definition) a transaction in respect to tobacco shall be considered to be in commerce if such tobacco is part of that current of commerce usual in the tobacco industry whereby tobacco or products manufactured therefrom are sent from one State with the expectation that they will end their transit, after purchase, in another, including, in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Tobacco normally in such current of commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. For the purpose of this paragraph the word “State.”“State” includes Territory, the District of Columbia, possession of the United States, and foreign nations. Sec. 2. That transactions in tobacco involving the sale thereof at Declaration of necessity of regulation.auction as commonly conducted at auction markets are affected with a public interest; that such transactions are carried on by tobacco producers generally and by persons engaged in the business of buying and selling tobacco in commerce; that the classification of tobacco according to type, grade, and other characteristics affects the prices received therefor by producers; that without uniform standards of classification and inspection the evaluation of tobacco is susceptible to speculation, manipulation, and control, and unreasonable fluctuations in prices and quality determinations occur which arc detrimental to producers and persons handling tobacco in commerce; that such fluctuations constitute a burden upon commerce and make 732the use of uniform standards of classification and inspection imperative for the protection of producers and others engaged in commerce and the public interest therein. Sec. 3. Investigations authorized. That the Secretary is authorized to investigate the sorting, handling, conditioning, inspection, and marketing of tobacco from Determination of official standards.time to time, and to establish standards for tobacco by which its type, grade, size, condition, or other characteristics may be determined, which standards shall be the official standards of the United States, and shall become effective immediately or upon a date specified by *Proviso.*Tentative standards authorized.Modifications.the Secretary: *Provided*, That the Secretary may issue tentative standards for tobacco prior to the establishment of official standards therefor, and he may modify any standards established under authority of this Act whenever, in his judgment, such action is advisable. Sec. 4. Demonstration of official standards, samples, etc. That the Secretary is authorized to demonstrate the official standards; to prepare and distribute, upon request, samples, illustrations, of sets thereof; and to make reasonable charges therefor:*Proviso.*Charges therefor. *Provided*, That in no event shall charges be in excess of the cost of said samples, illustrations, and services so rendered. Sec. 5. Auction markets; designation of. That the Secretary is authorized to designate those auction markets where tobacco bought and sold thereon at auction, or the products customarily manufactured therefrom, moves in commerce. Referendum of sellers.Before any market is designated by the Secretary under this section he shall determine by referendum the desire of tobacco growers who sold tobacco at auction on such market during the preceding marketing season. The Secretary may at his discretion hold one referendum for two or more markets or for all markets in a type area. No market or group of markets shall be designated by the Secretary unless two-thirds Determination of eligibility to vote.of the growers voting favor it. The Secretary shall have access to the tobacco records of the Collector of Internal Revenue and of the several collectors of internal revenue for the purpose of obtaining the names and addresses of growers who sold tobacco on any auction market, and the Secretary shall determine from said records the eligibility of such grower to vote in such referendum, and no Inspection and certification of tobacco prior to sale.grower shall be eligible to vote in more than one referendum. After public notice of not less than thirty days that any auction market has been so designated by the Secretary, no tobacco shall be offered for sale at auction on such market until it shall have been inspected and certified by an authorized representative of the Secretary according to Temporary emergency waiver allowed.the standards established under this Act, except that the Secretary may temporarily suspend the requirement of inspection and certification at any designated market whenever he finds it impracticable to provide for such inspection and certification because competent inspectors are not obtainable or because the quantity of tobacco available *Proviso.*Inability to provide inspection.for inspection is insufficient to justify the cost of such service: *Provided*, That, in the event competent inspectors are not available, or for other reasons, the Secretary is unable to provide for such inspection and certification at all auction markets within a type area, he shall first designate those auction markets where the greatest number of growers No inspection fee to be charged.may be served with the facilities available to him. No fee or charge shall be imposed or collected for inspection or certification under this Right to prevent transactions.section at any designated auction market. Nothing contained in this Act shall be construed to prevent transactions in tobacco at markets not designated by the Secretary or at designated markets where the Secretary has suspended the requirement of inspection or to authorize the Secretary to close any market. Sec. 6. Sampling, inspection, weighing, etc., upon request. That the Secretary, independently or in cooperation with other branches of the Government, State agencies, or persons, whether operating in one or more jurisdictions, is authorized to employ and/or 733license competent persons as samplers to take official samples of tobacco, or as weighers to weigh and certify the weight of tobacco, or as inspectors of tobacco to determine and certify, upon the request of the owner or other financially interested person, the type, grade, weight, condition, and/or such other facts as the Secretary may deem necessary. The Secretary is authorized to fix and collect such fees or charges Fees.in the administration of this section as he may deem reasonable, and the moneys collected, except as provided in this section, shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts. Fees or charges collected under an agreement with a State, municipality, or person, or by an individual licensed to inspect or weigh or sample tobacco under this Act, may be disposed of in accordance with the terms of such agreement or license. Charges for expenses for travel and subsistence incurred Travel, etc, expenses.by inspectors or weighers or samplers employed by the Secretary when required to be paid by the applicant for service, may be credited to the appropriation, or any other funds authorized in this Act from which they were paid. This section is intended merely to provide for the furnishing of Section construed.services upon request of the owner or other person financially interested in tobacco to be sampled, inspected, or weighed and shall not be construed otherwise. Sec. 7. That the Secretary shall provide for such reinspection Appeal inspections.or appeal inspection of tobacco as he may deem necessary for the confirmation or reversal of certificates issued under this Act. Each Judicial recognition of inspection certificates.inspection certificate issued under this Act, unless invalidated or superseded in accordance with the regulations of the Secretary, shall be received in all courts and by all officers and employees of the United States as prima facie evidence of the truth of the statements therein contained. Sec. 8. That warehousemen shall provide space on warehouse Warehouse tickets.Grade to be shown.tickets or other tags or labels used by them for showing the grade of the lot covered thereby as determined by an authorized tobacco inspector under this Act. The Secretary may prescribe, by regulation, the form in which such certification of grade shall be shown, and may require that a copy of such warehouse ticket, tag, or label shall be furnished to the Secretary. Sec. 9. That the Secretary is authorized to collect, publish, and Market news service authorized.distribute, by telegraph, mail, or otherwise without cost to the grower, timely information on the market supply and demand, location, disposition, quality, condition, and market prices for tobacco. Sec. 10. It shall be unlawful—Unlawful acts.

(a)For any person to use the words “United States”, “Government”, Unauthorized use of designated words.or “Federal”, or any abbreviation thereof, in, or in connection with, any statement relating to the grade of tobacco when such grade is not, in fact, one of the grades for tobacco according to the standards of the United States.

(b)For any person falsely to make, issue, alter, forge, or counterfeit, Counterfeiting, etc.or aid, cause, procure, or assist in or be a party to the false making, issuing, altering, forging, or counterfeiting of any certificate, stamp, tag, seal, label, or other writing purporting to be issued or authorized under this Act.

(c)For any person, not an authorized inspector under this Act, to Issuing deceptive certificates.issue a certificate or report stating the type, grade, size, or condition of any lot of tobacco to be in accordance with the standards of the United States therefor which is of such color, size, arrangement, or wording as to be mistaken for a certificate issued under this Act, unless such certificate states in prominent letters in its heading that it is not issued under authority of the United States. 734

(d)Misconduct, etc., of official. For any person employed, designated, or licensed by the Secretary as an inspector, sampler, or weigher of tobacco under this Act knowingly to inspect, sample, or weigh improperly, or to issue any false certificate under this Act, or to accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty as an inspector, sampler or weigher.

(e)Unduly influencing, resisting, etc., any inspector, etc. For any person improperly to influence or to attempt improperly to influence or forcibly to assault, resist, impede, or interfere with any inspector, sampler, weigher, or other person employed, designated, or licensed by the Secretary in the execution of his duties *Proviso.*Appeal or protest permitted.under this Act: *Provided, however*, That nothing herein shall operate to prevent the owner of tobacco from appealing or protesting, in accordance with regulations of the Secretary, the grade certified for his tobacco.

(f)False representation. For any person falsely to represent or otherwise indicate that he is authorized by the Secretary to inspect, sample, or weigh tobacco under this Act.

(g)Substitution, etc., for inspected tobacco. For any person to substitute, or attempt to substitute, following inspection or sampling or weighing under this Act, other tobacco for tobacco actually inspected or sampled or weighed, or in the case of tobacco inspected in auction warehouses for any person not so authorized by the Secretary to remove any certificate of grade from any lot of tobacco prior to the sale of such lot.

(h)False statements. For any person falsely to represent that tobacco has been inspected, sampled, or weighed under this Act; or knowingly to have made any false representation concerning tobacco inspected under this Act; or knowing that tobacco is to be offered for inspection or sampling under this Act to load, pack, or arrange such tobacco in such manner as knowingly to conceal foreign matter or tobacco of inferior grade, quality, or condition; or for any person knowing that tobacco has been so loaded, packed, or arranged, to offer it for inspection or sampling without disclosing such knowledge to the inspector or sampler before inspection or sampling.

(i)Altering official samples. For any person willfully to alter an official sample of tobacco by removing or plucking leaves or otherwise, or for any person knowing that an official sample of tobacco has been so altered, there-after to represent such sample as an official sample. Sec. 11. Violations may be published. The Secretary is authorized to publish the facts regarding any violation of this Act. Sec. 12. Punishment. That any person violating any provision of sections 5 and 10 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000, or imprisoned not more than one year, or both. Sec. 13. Corporations, etc.Responsibility for acts of employees. In construing and enforcing the provisions of this Act; the act;11So in original. omission, or failure of any agent, officer, or other person acting for or employed by an association, partnership, corporation, or firm, within the scope of his employment or office, shall be deemed to be the act, omission, or failure of the association, partnership, corporation, or firm, as well as that of the person. Sec. 14. Rules and regulations to effectuate purposes of Act.Cooperation with other agencies. That the Secretary is authorized to make such rules and regulations and hold such hearings as he may deem necessary to effectuate the purposes of this Act and may cooperate with any other Department or agency of the Government; any State, territory, district, or possession, or department, agency, or political subdivision thereof; purchasing and consuming organizations, boards of trade, chambers of commerce, or other associations of business men or trade organizations; or any person, whether operating in one or more jurisdictions Personnel.in carrying on the work herein authorized; and he shall have the power to appoint, suspend, remove, and fix the compensation 735of all officers, employees, and licensees not in conflict with existing law, except that inspectors and supervisors employed hereunder on a seasonal basis and working for periods of six months or less during any twelve-month period may be appointed without reference [U. S. C., p. 85](/us/usc/p85).Rent.Expenses authorized.to the provisions of the Classification Act of 1923, as amended. The Secretary is authorized to make such expenditures for rent outside of the District of Columbia, printing, binding, telegrams, telephones, books of reference, publications, furniture, stationery, office and laboratory equipment, travel, tobacco for use in preparing and demonstrating standards, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as may be *Post*, pp. 1115, 1450.appropriated for by Congress; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for administering this Act. Sec. 15. That in carrying on the work herein authorized, the Rearings, administration of oaths, etc.Secretary, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine witnesses, and require the production of books, records, accounts, memoranda, and papers. Upon refusal Subpenas.by any person to appear, testify, or produce books, records, accounts, memoranda, and papers in response to a subpena, the proper United States district court shall have power to compel obedience thereto. Sec. 16. That if any provision of this Act or the application thereof Separability of Act.to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Sec. 17. That any duties devolving upon the Secretary of Agriculture Delegation of duties.by virtue of the provisions of this Act may with like force and effect be executed by such officer or officers, agent or agents, of the Department of Agriculture as the Secretary may designate for the purpose. Sec. 18. That this Act may be cited as “The Tobacco Inspection Short title.Act.” Approved, August 23, 1935. Providing for the preparation and completion of plans for a comprehensive observance of the one hundred and fiftieth anniversary of the formation of the Constitution of the United States. 1935-08-23 624 Chapter 49 Stat. 735 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 624.] JOINT RESOLUTIONT Providing for the preparation and completion of plans for a comprehensive observance of the one hundred and fiftieth anniversary of the formation of the Constitution of the United States. August 23, 1935.[[S. J. Res. 59](/us/bill/74/sjres/59).][[Pub. Res., No. 53](/us/bill/74/pubres/53).] Resolved by the Senate and House of Representatives of the United States of America in Congress assemble, That there is hereby established United States Constitution Sesquicentennial Commission.Establishment.*Post*, p. 1392.a commission, to be Known as the “United States Constitution Sesquicentennial Commission” (hereinafter referred to as the “ Commission”) for the celebration of the one hundred and fiftieth anniversary of the formation of the Constitution, and to be composed Composition.of eighteen commissioners, as follows: The President of the United States; the President of the Senate and the Speaker of the House of Representatives, ex officio; five persons to be appointed by the President of the United States; five Senators to be appointed by the President of the Senate; and five Representatives by the Speaker of the House of Representatives. Sec. 2. The commissioners shall receive no compensation for their Expenses allowed.services but shall be paid their actual and necessary traveling, hotel, and other expenses incurred in the discharge of their duties. 736 Sec. 3. Chairman, Director, assistants, etc. The Commission shall select a chairman and appoint a Director, who shall appoint, with the approval of the Commission, such assistants and subordinates as he deems necessary. Sec. 4. Duties of commissioners. That it shall be the duty of the commissioners, after promulgating to the American people an address relative to the reason of its creation and of its purpose, to prepare a plan or plans and a program for the adequate celebration of the sesquicentennial anniversary, and to give due and proper consideration to any plan or plans which may be submitted to them; and to take such steps as may be necessary in the coordination and correlation of plans prepared by State’s commissions, or by bodies created under appointment by the Governors of the respective States, and by representative civic bodies. Sec. 5. Report to Congress. That the Commission shall, on or before the 20th day of January 1936, make a report to the Congress, in order that enabling legislation may be enacted. Sec. 6. Duration. That the Commission hereby created shall expire December 31, 1939. Sec. 7. Acceptance of contributions; use restricted. That the Commission may receive from any source contributions to aid in carrying out the general purpose of this resolution, but the same shall be expended and accounted for in the same manner as any appropriation which may be made under authority of this Act. Sec. 8. Appropriation authorized.*Post*, p. 1112. There is hereby authorized to be appropriated the sum of $10,000 to defray necessary expenses. Approved, August 23, 1935. Granting the consent of Congress to the States of New York and Vermont to enter into an agreement amending the agreement between such States consented to by Congress in Public Resolution Numbered 9, Seventieth Congress, relating to the creation of the Lake Champlain Bridge Commission. 1935-08-23 625 Chapter 49 Stat. 736 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 625.] JOINT RESOLUTION Granting the consent of Congress to the States of New York and Vermont to enter into an agreement amending the agreement between such States consented to by Congress in Public Resolution Numbered 9, Seventieth Congress, relating to the creation of the Lake Champlain Bridge Commission. August 23, 1935.[[S. J. Res. 122](/us/bill/74/sjres/122).][[Pub. Res., No. 54](/us/bill/74/pubres/54).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Lake Champlain.Consent granted New York and Vermont to enter amendatory agreement respecting bridge construction across.Vol. 45, p. 120, amended. That the consent of Congress is hereby granted to the States of New York and Vermont to enter into the amendatory agreement executed on March 30, 1935, by the commissioners duly appointed on the part of such States, amending the original agreement entered into by such States for the creation of the Lake Champlain Bridge Commission, which original agreement was consented to by Congress by Public Resolution Numbered 9, Seventieth Congress, approved February 16, 1928, and every part and article of such amendatory agreement is hereby ratified, *Proviso*.Federal jurisdiction not impaired.approved, and confirmed: *Provided*, That nothing therein contained shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of such amendatory agreement; which amendatory agreement is as follows: Amendatory agreement.Whereas the States of New York and Vermont heretofore and on the 11th day of May 1927 entered into an agreement or compact, duly authorized by law, creating the Lake Champlain Bridge Commission; and Whereas the legislatures of said States have authorized their respective commissioners to enter into an agreement or compact amending said existing agreement or compact: Now, therefore, The said States of New York and Vermont do hereby enter into the following agreement, to wit: 737 The agreement heretofore made between the State of New York Agreement—Contd.and the State of Vermont pursuant to chapter 321 of the laws of 1927 of the State of New York entitled “An Act authorizing designated authorities in behalf of the State of New York to enter into an agreement or compact with designated authorities of the State of Vermont for the creation of the Lake Champlain Bridge Commission, the establishment of the Lake Champlain Bridge Commission, and the defining of the powers and duties of such Commission and making an appropriation for such purposes”, and numbered 139 of the Acts of 1927 of the State of Vermont entitled “An Act ratifying a proposed agreement or compact between the State of Vermont and the State of New York relating to the creation of the Lake Champlain Bridge Commission and providing for carrying out the provisions of said agreement or compact , is hereby amended by adding thereto the following articles:Articles added. Article XXII The Lake Champlain Bridge Commission is hereby authorized to construct as speedily as possible and to maintain and operate an additional highway bridge or bridges and approaches across Lake Champlain between points to be selected by such Commission more than fifty-two miles north of the bridge heretofore constructed by such Commission: *Provided*, That if any bridge or bridges be constructed under this Act, one shall be a bridge from a point in the State of New York at or near Rouses Point to a point in the State of Vermont at Alburg, subject to such consents and approval of Federal authorities in any case as may be necessary. Such bridge so to be constructed is hereinafter sometimes referred to as “Rouses Point Bridge.” Article XXIII The said Commission shall have power— 1. To sue and be sued. 2. To acquire, hold, and dispose of personal property. 3. To acquire lands, rights, or property for Rouses Point Bridge as is provided in article 13 hereof for the bridge heretofore constructed by it. 4. To appoint and employ officers, agents, and employees. 5. To make contracts and execute all instruments necessary or convenient. 6. To charge tolls for the use of the Rouses Point Bridge and the bridge heretofore constructed by it, subject to and in compliance with agreements made and to be made with bondholders. 7. To enter on any lands, waters, and premises for the purpose of making surveys, soundings, and examinations. 8. To construct and maintain over or along the Rouses Point Bridge or the bridge heretofore constructed by it, or either of them, telephone, telegraph, or electric wires and cables, gas mains, water mains, and other mechanical equipment not inconsistent with the use of the bridges for vehicular traffic. To contract for such construction and to lease the right to construct and/or use the same on such terms and for such consideration as it shall determine: *Provided, however*, That no lease shall be made for a period of more than ten years from the date when it is made. 9. Near or on the Rouses Point Bridge or the bridge heretofore constructed by it, to construct and maintain facilities for the public, not inconsistent with the appropriate use of the bridges, to contract 738Agreement—Contd.for such construction, and to lease the right to construct and/or use such facilities on such terms and for such considerations as it shall determine: *Provided, however*, That no lease shall be made for a period of more than ten years from the date when it is made. 10. Subject to limitations imposed by any Federal authorities and by any agreement made or to be made with bondholders, to make rules and regulations for the use of Rouses Point Bridge and the bridge heretofore constructed by it. This subdivision shall supersede the provisions of article 9 hereof. 11. To do all things necessary or convenient to carry out the powers expressly given in this agreement. Article XXIV The said Commission may make agreements with bondholders as to the deposit of its funds, and the security to be required therefor, and as to the withdrawal and disbursement thereof. Subject to such agreements, the Commission shall provide for deposit of its funds, security to be required therefor and the withdrawal and disbursement thereof, and if required by the Commission its deposits shall be secured and all banks and trust companies are hereby authorized to give such security for such deposits. Article XXV The construction of Rouses Point Bridge shall be by contract or several contracts made and executed in the same manner as provided in article 19 hereof for the contract for the construction of the bridge heretofore constructed by the Commission. The approaches may in the discretion of the Commission be constructed by its own employees. Article XXVI 1. Such Commission shall have power and is hereby authorized from time to time to issue its negotiable bonds, in addition to those issued prior to the 1st day of March 1933, for any corporate purpose in the aggregate principal amount of not exceeding $1,000,000. 2. Said bonds shall be authorized by resolution of such Commission and shall bear such date or dates, mature at such time or times, not exceeding fifty years from their respective dates, bear interest at such rate or rates, not exceeding 5 per centum per annum payable semiannually, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, not exceeding par and accrued interest, as such resolution or resolutions may provide. Said bonds may be sold at public or private sale for such price or prices as such Commission shall determine: *Provided*, That the interest cost to maturity of the money received for any issue of said bonds shall not exceed 5 per centum per annum. 3. Any resolution or resolutions authorizing any of said bonds may contain provisions, which shall be a part of the contract with the holders of said bonds as to—

(a)Pledging the tolls and revenues from the Rouses Point Bridge and, subject to the terms of any agreement with the holders of bonds issued by such Commission before the 1st day of March 1933 (whether contained in this agreement or in the bonds or in proceedings for the issuance of the bonds or other739wise), pledging the tolls and revenues from the bridge heretofore Agreement—Contd.constructed by such Commission;

(b)The rates of the tolls to be charged, and the amount to be raised in each year by tolls, and the use and disposition of the tolls and other revenues;

(c)The setting aside of reserves or sinking funds, and the regulation and disposition thereof;

(d)Limitations on the right of such Commission to restrict and regulate the use of the Rouses Point Bridge and the bridge heretofore constructed by such Commission;

(e)Limitations on the purposes to which the proceeds of sale of any issue of said bonds then or thereafter to be issued may be applied;

(f)Limitations on the issuance of additional bonds;

(g)The procedure, if any, by which the terms of any contract with holders of said bonds may be amended or abrogated, the amount of said bonds the holders of which must consent thereto, and the manner in which such consent may be given. 4. The obligation of such Commission to make payments into the State treasury of each State out of tolls and revenues from the bridge heretofore constructed by such Commission as provided in article 17 hereof is hereby terminated and annulled and the amounts which otherwise would have been so payable into the States’ treasuries may be pledged to the payment of said bonds. 5. Neither the members of such Commission nor any person executing such bonds shall be liable personally on said bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 6. Such Commission shall have power out of any funds available therefor to purchase any bonds issued by it at a price not more than the principal amount thereof and accrued interest. All bonds so purchased shall be canceled. Article XXVII 1. In the event that such Commission shall default in the payment of principal of or interest on any of the bonds authorized by article 26 hereof after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that such Commission shall fail or refuse to comply with the provisions of this agreement, or shall default in any agreement made with the holders of said bonds, the holders of 25 per centum in aggregate principal amount of said bonds then outstanding, by instrument or instruments filed in the office of the clerk of the county of Clinton, New York or of the clerk of the court of chancery in and for the county of Grand Isle, Vermont, and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of said bonds for the purposes herein provided. 2. Such trustee may, and upon written request of the holders of 25 per centum in principal amount of said bonds then outstanding shall, in his or its own name—

(a)By mandamus or other suit, action or proceeding, at law or in equity, enforce all rights of the holders of said bonds, including the right to require such Commission and its members to collect tolls and rentals adequate to carry out any agreement as to, or pledge of, such tolls and rentals, and to require such Commission and its members to carry out any other agreement with the holders of said bonds and to perform its and their duties under this act; 740

(b)Agreement—Contd. Bring suit upon said bonds;

(c)By action or suit in equity, require such Commission to account as if it were the trustee of an express trust for the holders of said bonds;

(d)By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the holders of said bonds;

(e)Declare all said bonds due and payable, and if all default shall have been cured, annul such declaration and its consequences. 3. The supreme court of the State of New York and the court of chancery in and for the county of Grand Isle and the county court of Grand Isle County in the State of Vermont, each within the limits of its jurisdiction over persons and property, shall, respectively, have jurisdiction of suits, actions, and proceedings by the trustees on behalf of the bondholders. The venue of any such suits, actions, or proceedings in New York, shall be laid in Clinton County and in Vermont in Grand Isle County. Service of process of any of such courts upon any member of such Commission shall constitute service on such Commission. 4. Before declaring the principal of all such bonds due and payable the trustees shall first give thirty days’ notice in writing to a member of such Commission. 5. Any such trustee shall, whether or not all said bonds have been declared due and payable, be entitled as of right to the appointment of a receiver and ancillary receiver, who may enter and take possession of the bridges or any part or parts thereof and operate and maintain the same and of any and all other property of the commission and collect and receive all tolls, rentals, and other revenues thereafter arising from said bridges and property in the same manner as the bridge authority itself might do and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. The court of the State to which application is first made therefor shall have jurisdiction to appoint the receiver and the court of the State to which application is thereafter made shall have jurisdiction to appoint the ancillary receiver. In any suit, action, or proceedings by the trustee the fees, counsel fees, and expenses of the trustee and of the receiver and ancillary receiver, if any shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any tolls, rentals, and other revenues derived from the bridges. 6. Said trustee shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the holders of said bonds in the enforcement and protection of their rights. Article XXVIII The bonds and other obligations of such Commission shall not be a debt of the State of New York or of the State of Vermont and neither State shall be liable thereon, nor shall they be payable out of any funds other than those of such Commission. Article XXIX The bonds authorized by article 26 hereof shall be exempt from taxation except for transfer, estate, and inheritance taxes and are hereby made securities in which all public officers and bodies of each State and all municipalities and municipal subdivisions, all 741insurance companies and associations, all savings Agreement—Contd.banks and savings institutions, including savings and loan associations, administrators, guardians, executors, trustees, and other fiduciaries in each State may properly and legally invest funds in their control. Article XXX 1. After applying all tolls and other revenues from Rouses Point Bridge and from the bridge heretofore constructed by such Commission—

(a)While any bonds of such Commission are outstanding, to meet all agreements with the holders thereof; and

(b)To meet all requirements for operation and maintenance of said bridges, such Commission shall set aside as a reserve for future operation and maintenance such sum as such Commission shall deem advisable not exceeding the estimated amount required for operation and maintenance for one year. 2. Such Commission shall pay any excess of tolls and revenues not required for said purposes annually into the treasuries of the States of New York and Vermont until the amount so paid shall equal the advances heretofore made by such States to such Commission with interest on the unpaid balance of such advances at the rate of 4 per centum per annum from the date of such advances, the amount to be paid to said States, respectively, being prorated in accordance with the respective unpaid balances of such advances. 3. It is the declared purpose of each of the contracting parties that both of said bridges will eventually be free bridges and to that end it is agreed that after the payment of all obligations which may be issued by such Commission and after the State of New York and the State of Vermont shall have been fully repaid for any and all moneys that have been advanced by them together with interest thereon, said States by concurrent legislation shall provide the method and procedure for the future operation, maintenance, and control of said bridges. Article XXXI The construction, maintenance, and operation of Rouses Point Bridge is in all respects for the benefit of the people of the two States, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and such Commission shall be regarded as performing a governmental function in undertaking the said construction, maintenance, and operation and carrying out the provisions of law relating to the said bridge and shall be required to pay no taxes or assessments upon any of the property acquired by it for the construction, operation, and maintenance of such bridge, and the interest of either State in any tolls collected under this article shall be free from any State, county, municipal, or local taxation whatsoever in the other State. Article XXXII Such Commission shall have the power to apply to the Congress of the United States or any department of the United States for consent and approval of this agreement, as amended, and of the Rouses Point Bridge to be constructed hereunder, but in the absence of such consent by Congress and until the same shall have been secured, this agreement, as amended, shall be binding upon the State of New York when ratified by it and the State of Vermont 742Agreement—Contd.>when ratified by it without the consent of Congress to cooperate for the purposes enumerated in this agreement and in the manner herein provided. Article XXXIII Notwithstanding anything in article 22 and all subsequent articles hereof, this agreement shall not authorize such Commission to do any act or thing which shall violate the rights of the holders of bonds issued by it prior to the 1st day of March 1933, and the provisions hereof relating to any and all rights and remedies of the holders of bonds issued under the provisions of article 26 and subsequent articles of this agreement shall not be construed to violate or to authorize the violation of any of the rights of the holders of bonds issued prior to said date. Article XXXIV The States of New York and Vermont do hereby pledge themselves and it is hereby agreed with those subscribing to the bonds issued by such Commission pursuant to article 26, and subsequent articles hereof, that the States will not authorize the construction or maintenance of any other highway crossing for vehicular traffic over Lake Champlain between the two States in competition with Rouses Point Bridge, nor will it limit or alter any rights vested in such Commission to establish and levy such tolls as it may deem convenient and necessary to produce sufficient revenue to meet the expense and operation of such bridge and the bridge heretofore constructed by such Commission, and to fulfill the terms of the obligations assumed by such Commission in relation to such bridges until the said bonds with interest thereon are fully met and discharged: *Provided*, That such crossing shall be construed as competitive with Rouses Point Bridge only if it shall form a highway connection for vehicular traffic between the two States across Lake Champlain north of the existing bridge heretofore constructed by such Commission. The provisions of this article shall constitute an agreement between the two States for the benefit of those holding the bonds of such Commission and such Commission may include in bonds issued by it such part of this agreement as shall seem proper as evidence of the foregoing agreement made by the two States with the holders of the said bonds. Article XXXV The State of New York and the State of Vermont hereby consent to the use and occupation of any lands of such States, respectively, if any, lying under the waters of Lake Champlain necessary for the construction and maintenance of Rouses Point Bridge. In witness whereof, we have signed this compact or agreement, in duplicate, by and under the authority of chapter 201 of the Laws of 1933, as amended by chapter 355 of the Laws of 1935 of the State of New York, and by and under the authority of an act passed by the General Assembly of the State of Vermont entitled “An act authorizing an agreement or compact between the State of Vermont and the State of New York to amend the existing agreement or compact between said States creating the Lake Champlain Bridge Commission, in relation to the construction of a new bridge across Lake Champlain, the issuance of bonds by said Commission, and providing for the payment of said bonds”, 743approved by the Governor February 27, 1935, as amended by the Agreement—Contd.act amending said act, approved by the Governor March 21, 1935, this 30th day of March 1935. Mortimer Y. Ferris, Marion L. Thomas, William Berman, as commissioners upon the part of the State of New York; John J. Bennett, Junior; attorney general of the State of New York. George Z. Thompson, William R. Warner, Ford M. Thomas, as commissioners upon the part of the State of Vermont; Lawrence C. Jones, attorney general of the State of Vermont. In the presence of: Walter L. Moore and W. C. Foote. Attorney General John J. Bennett, Junior, signed on the 11th day of April 1935 in the presence of Joseph M. Mesnig. Attorney General Lawrence C. Jones signed on the 17th day of April 1935 in the presence of Elizabeth L. Barber. Sec. 2. The right to alter, amend, or repeal this resolution is hereby Amendment, etc.expressly reserved. Approved, August 23, 1935. To authorize the erection of a suitable memorial to Major General George W. Goethals within the Canal Zone. 1935-08-24 636 Chapter 49 Stat. 743 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 636.] AN ACT To authorize the erection of a suitable memorial to Major General George W. Goethals within the Canal Zone. August 24, 1935.[[S. 2743](/us/bill/74/s/2743).][

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49 Stat. 735
49 Stat. 736

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Public Law 314

granting the consent of Congress to the State of Alabama, its agent or agencies, and to Colbert County and to Lauderdale County in the State of Alabama, and to the city of Sheffield, Colbert County, Alabama, and to the city of Florence, Lauderdale County, Alabama, or to any two of them, or to either

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Stat.Public Law 537

Stat.49 Stat. 735

Stat.49 Stat. 736

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