Public Law 348.
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/statutes-at-large/vol-53/public-law-348·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/76/347)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in order toMississippi River.Acquisition, etc., of bridge across, at Delta Point, La., and Vicksburg, Miss., authorized. facilitate interstate commerce, improve the postal service, and provide for military and other purposes, the Louisiana-Vicksburg Bridge Commission (hereinafter created, and hereinafter referred to as the “Commission”) and its successors and assigns be, and is hereby, authorized to acquire by purchase or otherwise, from its owners, and to maintain and operate a bridge and approaches thereto across the Mississippi River at or near the cities of Delta Point, Louisiana, and Vicksburg, Mississippi, subject to the conditions and limitations contained in this Act.
Whenever, and for the time only, that saidOperation of ferries permitted only during emergencies. bridge is not in operative condition by reason of accident, damage, repair, or other causes beyond the control of said Commission, said Commission and its successors and assigns are hereby authorized to maintain and operate a ferry, or ferries, across the Mississippi River at or within fifteen miles of said bridge, subject to the conditions and limitations contained in this Act: *Provided*, That the acquisition*Provisos*.Conditions imposed. and operation of a ferry or ferries shall only be in the event that the condition of said bridge is such that it cannot be used and as soon as repaired or again usable no ferry or ferries shall be operated: *Provided further*, That no permission shall be given for theOperation of ferries in vicinity not permitted. operation of a ferry or ferries within fifteen miles of said bridge without the direct repeal of this section of the Act.
Sec. 2. There is hereby conferred upon the Commission and itsAcquisition, etc., of bridge, real estate, and other property. successors and assigns the right and power to acquire, condemn, occupy, possess, and use said bridge and such real estate and other property in the State of Louisiana and the State of Mississippi as 53 Stat. 1268may be needed for the acquisition and maintenance of such bridge and its approaches, and, if by condemnation, upon making just compensation therefor, to be ascertained and paid according to the laws of the State in which such real estate or property is located, and the proceedings therefor shall be the same as in the condemnation of private property for public purposes in said States, respectively.
Sec. 3. Tolls allowed. The Commission and its successors and assigns are hereby authorized to fix and charge tolls for transit over such bridge and such ferry or ferries in accordance with the provisions of this Act. Sec. 4. Bond issue to cover costs. The Commission and its successors and assigns are hereby authorized to provide for the payment of the cost of the bridge and its approaches (including any approach highways which, in the judgment of the Commission, it is necessary or advisable to construct or cause to be constructed to provide suitable and adequate connection with existing improved highways) and the ferry or ferries and the necessary land, easements, and appurtenances thereto by an issue or issues of negotiable bonds of the Commission, bearing interest at not more than 4½ per centum per annum, the principal and interest of which bonds and any premium to be paid for retirement thereof before maturity shall be payable solely from the sinking fund Form, maturity, etc., of bonds.provided in accordance with this Act.
Such bonds may be registrable as to principal alone or both principal and interest, shall be in such form not inconsistent with this Act, shall mature at such time or times not exceeding twenty years from their respective dates, Shall be in such denominations, shall be executed in such manner, and shall be payable in such medium and at such place or places as the Repurchase, redemption, etc.Commission may determine. The Commission may repurchase and may reserve the right to redeem all or any of said bonds before maturity in such manner and at such price or prices, not exceeding one hundred and two and accrued interest, as may be fixed by the Issuance of refunding bonds.Commission prior to the issuance of the bonds.
The Commission, when it deems it to the best interest of the Commission, may issue refunding bonds to repurchase and redeem any outstanding bonds, *Proviso*.Refunding bonds, maturity.before the maturity thereof, which it may issue: *Provided*, That the refunding bonds shall mature at such time or times, not exceeding thirty years from date of approval of this Act, as the Trust agreement, financing, etc.Commission may determine. The Commission may enter into, an agreement with any bank or bond or trust company in the United States as trustee having the power to make such agreement, setting forth the duties of the Commission in respect of the maintenance, operation, repair, and insurance of the bridge and/or the ferry or ferries, the conservation and application of all funds, the safeguarding of money on hand or on deposit, and the rights and remedies of said trustee and the holders of the bonds, restricting the individual right of action of the bondholders as is customary in trust agreements Provisions respecting rights and remedies of trustee and bondholders.respecting bonds of corporations.
Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also provisions for Employment of consulting engineers.Security for bonds.approval by the original purchasers of the bonds of the employment of consulting engineers and of the security for said bonds and by any bank or trust company in which the proceeds of bonds or of bridge or ferry tolls or other moneys of the Commission shall be deposited.
Bond sale; price limitation.Said bonds shall be sold in such manner and at such time or times and at such price as the Commission may determine, but no such sale shall be made at a price so low as to require the payment of more than 4½ per centum interest on the money received therefor, computed with relation to the absolute maturity of the bonds in accord-53 Stat. 1269ance with standard tables of bond values, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the bridge and its approaches and the land, easements, and appurtenances used in connection therewith, and, in the event the ferry or ferries are to be acquired, also the cost of such ferry or ferries and the lands, easements, and appurtenances used in connection therewith.
The cost of the bridge and approaches and approach highways,Items included in costs. and ferry or ferries, shall be deemed to include all engineering, legal, architectural, traffic-surveying, and other expenses incident to the acquisition of the bridge or the acquisition of the ferry or ferries, and the acquisition of the necessary property, and incident to the financing thereof subject to the limitation as is provided in section 13. If the proceeds of the bonds issued shall exceed the cost as finallySurplus placed in sinking fund. determined, the excess shall be placed in the sinking fund hereinafter provided.
Prior to the preparation of definitive bonds the CommissionTemporary bond issue. may, under like restrictions, issue temporary bonds or interim certificates with or without coupons of any denomination whatsoever, exchangeable for definitive bonds when such bonds that have been executed are available for delivery. Sec. 5. In fixing the rates of toll to be charged for the use of suchTolls to be applied to operation, sinking fund, etc. bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to pay the principal and interest of such bonds as the same shall fall due and the redemption or repurchase price of all or any thereof redeemed or repurchased before maturity as herein provided.
All tolls and other revenues from said bridge are hereby pledged to such uses and to the application thereof as hereinafter in this section required. After payment or provision for payment therefrom of all such cost of maintaining, repairing, and operating and the reservation of an amount of money estimated to be sufficient for the same purpose during an ensuing period of not more than six months, the remainder of tolls collected shall be placed in the sinking fund, at intervals to be determined by the Commission prior to the issuance of the bonds.
An accurateRecord of expenditures and receipts. record of the cost of the bridge and its approaches; the expenditures for maintaining, repairing, and operating the same; and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. The Commission shall classify in a reasonableTraffic classification. way all traffic over the bridge, so that the tolls shall be so fixed and adjusted by it as to be uniform in the application thereof to all traffic falling within any such reasonable class, regardless of the status or character of any person, firm, or corporation participating in such traffic, and shall prevent all use of such bridge for traffic except upon payment of the tolls so fixed and adjusted.
Sec. 6. Nothing herein contained shall require the Commission orCommission not required to operate acquired ferry. its successors to maintain or operate any ferry or ferries purchased hereunder, but in the discretion of the Commission or its successors any ferry or ferries so purchased, with the appurtenances and property thereto connected and belonging, may be sold or otherwise disposed of or may be abandoned and/or dismantled whenever in the judgment of the Commission or its successors it may seem expedient so to do.
The Commission and its successors may fix such ratesFerry tolls; use of. of toll for the use of such ferry or ferries as it may deem proper, subject to the same conditions as are hereinabove required as to tolls for traffic over the bridge. All tolls collected for the use of the ferry or ferries and the proceeds of any sale or disposition of any ferry or ferries shall be used, so far as may be necessary, to pay the cost of maintaining, repairing, and operating the same, and any residue 53 Stat. 1270thereof shall be paid into the sinking fund hereinabove provided for Record of expenditures and receipts.bonds.
An accurate record of the cost of purchasing the ferry or ferries, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. Sec. 7. Conveyance of Commission’s interest to Louisiana, Mississippi, etc. After payment of the bonds and interest, or after a sinking fund sufficient for such payment shall have been provided and shall be held for that purpose, the Commission shall deliver deeds or other suitable instruments of conveyance of the interest of the Commission in and to the bridge, that part within Louisiana to the State of Louisiana or any municipality or agency thereof as may be authorized by or pusuant to law to accept the same (hereinafter referred to as the Louisiana interest) and that part within Mississippi to the State of Mississippi or any municipality or agency thereof as may be authorized by or pursuant to law to accept the same (hereinafter Conditions.referred to as the Mississippi interest) under the condition that the bridge shall thereafter be free of tolls (except the railroad portion of said bridge and except as otherwise herein provided) and be properly maintained, operated, and repaired by the Louisiana interest and the Mississippi interest as may be agreed upon; but if either the Louisiana interest or the Mississippi interest shall not be authorized to accept or shall not accept the same under such conditions, then the bridge shall continue to be owned, maintained, operated, and repaired by the Commission as a free bridge until such time as both the Louisiana interest and the Mississippi interest shall be authorized to accept and shall accept such conveyance under such conditions.
After the conveyance by the Commission to the Louisiana interest and Mississippi interest, the said interests may collect from the railroad or railroads using the bridge reasonable tolls, either under the then existing contract between the Commission and the railroad or railroads, or a new contract to be made by the Mississippi interest Disposition of ferries.and Louisiana interest with the said railroad or railroads. If at the time of such conveyance the Commission or its successors shall not have disposed of such ferry or ferries, the same shall be disposed of by sale as soon as practicable, at such price and upon such terms Free toll not to apply to railroad using bridge.as the Commission or its successors may determine.
Free toll provisions of this Act shall not apply to railroad or railroads using bridge. Sec. 8. Louisiana - Vicksburg Bridge Commission created; powers. For the purpose of carrying into effect the objects stated in this Act, there is hereby created the Louisiana-Vicksburg Bridge Commission, and by that name, style, and title said body shall have perpetual succession; may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; may make and have a common seal; may purchase or otherwise acquire and hold or dispose of real estate and other property only insofar as it is essential and necessary in the operation of the bridge; may accept and receive donations or gifts of money or other property and apply the same to the purpose of this Act; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this Act.
Membership of Commission.The Commission shall consist of three, persons, one of whom shall be appointed by the Governor of Louisiana from the congressional district in the State of Louisiana wherein is located the west approach to said bridge, one of whom shall be appointed by the Governor of Mississippi from the congressional district in the State of Mississippi wherein is located the east approach to said bridge, and one of whom shall be appointed by the Commissioner of Public Roads.
Such Commission shall be a body corporate and politic. Each member of the Commission shall qualify within thirty days after the approval of this Act by filing in the office of the Commis-53 Stat. 1271sioner of Public Roads an oath that he will faithfully perform the duties imposed upon him by this Act, and each person appointed to fill a vacancy shall qualify in like manner within thirty days after his appointment. Any vacancy occurring in said Commission by reasonVacancies. of failure to qualify as above provided, or by reason of death or resignation, shall be filled by the Governor of the State from which the said Commissioner was appointed, and/or by the Commissioner of Public Roads as herein provided.
Before the issuance of bondsBond. as hereinabove provided, each member of the Commission shall give such bond as may be fixed by the Chief of the Bureau of Public Roads of the Federal Works Agency, conditioned upon the faithful performance of all duties acquired by this Act. The CommissionCorporate powers, etc. shall elect a chairman and a vice chairman from its members, and may establish rules and regulations for the government of its own business. A majority of the members shall constitute a quorum for the transaction of business.
Sec. 9. The Commission shall have no capital stock or shares ofCommission, restriction on capital stock, etc. interest or participation, and all revenue and receipts thereof shall be applied to the purposes specified in this Act. The members of theCompensation, allowance, etc. Commission shall be entitled to a per diem compensation for their services of $20 per day for each day actually spent in the business of the Commission, but the maximum compensation in any year of each member shall not exceed $1,200.
The members of the Commission shall also be entitled to receive traveling expense allowance of 10 cents a mile for each mile actually traveled on the business of the Commission. The Commission may employ a secretary, treasurer,Secretary, and other employees. engineers, attorneys, and other such experts, assistants, and employees as they may deem necessary, who shall be entitled to receive such compensation as the Commission may determine: *Provided*, They are*Proviso*.Necessity required. absolutely necessary in the carrying out of the purpose of this Act in the acquisition and management of said bridge.
All salaries andFunds for payment of salaries, etc. expenses shall be paid solely from the funds provided under the authority of this Act. After all bonds and interest thereon shallDissolution of Commission. have been paid and all other obligations of the Commission paid or discharged, or provision for all such payment shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the Louisiana interest and the Mississippi interest as herein provided, and any ferry or ferries shall have been sold, the Commission shall be dissolved and shall cease to have further existence by an order of the Chief of the Bureau of Public Roads made upon his own initiative or upon application of the Commission or any member or members thereof, but only after public hearings in the cities of Delta, Louisiana, and Vicksburg, Mississippi, notice of the time and place of which hearings and purpose thereof shall have been published once, at least thirty days before the date thereof, in a newspaper published in the city of Vicksburg.
At the time of such dissolutionDivision of moneys in hand. all moneys in the hands of or to the credit of the Commission shall be divided into two equal parts, one of which shall be paid to said Louisiana interests and the other to said Mississippi interests. Sec. 10. Notwithstanding any of the provisions of this Act, theContracts with States for operation and maintenance. Commission shall have full power and authority to negotiate and enter into a contract or contracts with the Louisiana State Highway Department and the State Highway Department of Mississippi whereby said highway departments or either of them may operate, and maintain or participate with the Commission in the operation and maintenance of said bridge and approaches.
Sec. 11. Nothing herein contained shall be construed to authorize orCreation of other obligations. permit the Commission or any member thereof to create any obligation or incur any liability other than such obligations and liabilities 53 Stat. 1272as are dischargeable solely from funds provided by this Act. No obligation created or liability incurred pursuant to this Act shall be an obligation or liability of any member or members of the Commission, but shall be chargeable solely to the funds herein provided, nor shall any indebtedness created pursuant to this Act be an indebtedness of the United States.
Sec. 12. Enforcement provisions. All provisions of this Act may be enforced or the violation thereof prevented by mandamus, injunction, or other appropriate remedy brought by the attorney general for the State of Louisiana, the attorney general for the State of Mississippi, or the United States district attorney for any district in which the bridge may be located in part, in any court having competent jurisdiction of the subject matter and of the parties. Sec. 13. Cost of acquisition, limitations.
The cost of acquisition of said bridge by said Commission shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of
(1)the actual cost of construction, less a reasonable deduction for actual depreciation in value;
(2)the actual cost of acquiring interests in the necessary real property;
(3)actual financing and promotion costs, not to exceed 2 per centum of the cost of construction of such a bridge and its approaches and acquiring such interests in the necessary real property; and
(4)actual expenditures for necessary improvements. Sec. 14. Maintenance, etc. The maintenance and operation of said bridge shall be in accordance with the provisions of the Act entitled “An Act to [34 Stat. 84](/us/stat/34/84).[33 U. S. C. §§ 491–498](/us/usc/t33/s491–498).regulate the construction of bridges over navigable waters”, approved March 23, 1906. Sec. 15. Amendment. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, August 9, 1939. To provide a right-of-way through the Chilkoot Barracks Military Reservation, Alaska. 1939-08-09 609 Chapter 53 Stat. 1272 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 2024-11-24 76 1 public [CHAPTER 609] AN ACT To provide a right-of-way through the Chilkoot Barracks Military Reservation, Alaska. August 9, 1939[[H. R. 3795](/us/bill/76/hr/3795)][[Public, No. 348](/us/pl/76/348)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Chilkoot Barracks Military Reservation, Alaska.Right-of-way to install pipe lines; term, conditions, etc. That the Secretary of War be, and he is hereby, authorized to grant, for such term or terms and subject to such conditions as he deems advisable, a right-of- way to Erik Oslund, his successors and assigns, to install and maintain one each gasoline and fuel-oil pipe lines on the Chilkoot Barracks Military Reservation, Alaska, with intake valves on the *Provisos*.Availability for Government use.Government wharf: *Provided*, That valves and connections shall be installed by the grantee, which, including said pipe lines, shall be available for the use of the Government without cost to divert gasoline and fuel oil into Government storage tanks: *Provided further*, Federal rights reserved.That all or any part of such right-of-way may be annulled and forfeited by the Secretary of War if the property is needed for Governmental purposes or for failure to comply with the terms or conditions of any grant hereunder, or for nonuse or for abandonment of rights under the authority hereof. Approved, August 9, 1939. To amend the naturalization laws in relation to an alien previously lawfully admitted into the United States for permanent residence and who is temporarily absent from the United States solely in his or her capacity as a regularly ordained clergyman or representative of a recognized religious denomination or religious organization existing in the United States. 1939-08-09 610 Chapter 53 Stat. 1273 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 2024-11-24 76 1 public 53 Stat. 1273 [CHAPTER 610] AN ACT To amend the naturalization laws in relation to an alien previously lawfully admitted into the United States for permanent residence and who is temporarily absent from the United States solely in his or her capacity as a regularly ordained clergyman or representative of a recognized religious denomination or religious organization existing in the United States. August 9, 1939[[H. R. 4100](/us/bill/76/hr/4100)][
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- 33 USC 491–498
- 53 Stat. 1272
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