but if either the Illinois interests or the Indiana interests 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, and the rates of tolls shall be so adjusted as to provide a fund of not to exceed the amount necessary solely for the proper maintenance, repair, and operation of the bridge and its approaches under economical management, until such time as both the Illinois interests and the Indiana interests shall be authorized to accept and shall accept such conveyance under such conditions. 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 as the commission or its successors may determine. SEC. 8. For the purpose of carrying into effect the objects stated in this Act, there is hereby created the White County 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; may accept and receive donations or gifts of money or other property and apply same to the purposes of this Act; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this Act. The commission shall consist of Julius C. Kern, Jennings F. Marlin, and J. Madison Pomeroy, all of Carmi, Illinois. 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 Federal Works Administrator 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 reason of failure to qualify as above provided, or by reason of death or resignation, shall be filled by the Federal Works Administrator. Before the issuance of bonds as hereinabove provided, each member of the commission shall give such bond as may be fixed by the Commissioner of Public Roads, conditioned upon the faithful performance of all duties required by this Act. The cost of such bonds shall be deemed an operating expense of the commission. The commission 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 of interest or participation, and all revenues and receipts thereof shall be applied to the purposes specified in this Act. The members of the commission shall be entitled to compensation for their services, but the maximum compensation of the chairman in any year shall not exceed $1,200 and of each other member in any year shall not exceed $600. 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, engineers, attorney, 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. All salaries and expenses shall be paid solely from the funds provided under the authority of this Act. After all bonds and interest thereon shall have been paid and all other obligations of the commission paid or discharged, or provision for all such payment Operating contracts. Creation of obligations, restriction. Enforcement of Act. Power to convey bridge to States, etc. Proviso. Provisions of conveyance. shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the Illinois interests and the Indiana interests 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 Commissioner of Public Roads made upon his own initiative or upon application of the commission or any member or members thereof, but only after a public hearing in the city of Carmi, Illinois, notice of the time and place of which hearing and the purpose thereof shall have been published once, at least thirty days before the date thereof, in a newspaper published in the city of Carmi. At the time of such dissolution 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 Illinois interests and the other to said Indiana interests. SEC. 10. Notwithstanding any of the provisions of this Act, the commission shall have full power and authority to negotiate and enter into a contract or contracts with the State Highway Department of Illinois and the State Highway Commission of Indiana, 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 or permit the commission or any member thereof to create any obligation or incur any liability other than such obligations and liabilities. as 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. 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 Illinois, the attorney general for the State of Indiana, 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. Notwithstanding any of the provisions of this Act the commission, in its discretion, shall have power at any time to sell, transfer and convey such bridge and approaches thereto either to the State of Illinois or the State of Indiana, or to any public agency, or any political subdivision of either of such States within or adjoining which any part of such bridge is located, or any two or more of them jointly: Provided, however, That if such bridge shall be sold, transferred and conveyed to the States or public agencies or political subdivisions thereof or to either of them, and if tolls are thereafter charged for the use thereof, the rates of toll 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 amortize the amount paid therefor, including reasonable interest and financing costs, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same, and after a sinking fund sufficient for such amortization shall have been so provided such bridge shall thereafter be maintained and operated free of tolls. In the event of the acquisition of such bridge pursuant to the provisions of this section, an accurate record of the amount paid for the acquisition of the bridge and its approaches, the actual expenditures for maintain ing, repairing, and operating the same, and the daily tolls collected shall be kept and shall be available for the information of all persons interested. No such sale, transfer, or conveyance shall be made except for a consideration sufficient to enable the commission to retire all of its outstanding bonds and obligations and unless prior to or simultaneously with such sale, transfer, and conveyance all outstanding bonds of the commission shall be called for redemption and moneys sufficient to effect such redemption deposited and irrevocably pledged for that purpose. SEC. 14. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 12, 1941. Right reserved. [CHAPTER 72] AN ACT Authorizing the Secretary of the Treasury to convey a portion of the lighthouse reservation, Biloxi, Mississippi, to the city of Biloxi. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to convey, by quitclaim deed, to. to the city of Biloxi, Harrison County, State of Mississippi, in consideration of the payment to the United States of $1,200, all right, title, and interest of the United States in and to that portion of the lighthouse reservation, Biloxi, Mississippi, north of West Beach Boulevard. The deed of conveyance shall describe by metes and bounds the exact portion of the reservation transferred. Such deed of conveyance shall also contain the express condition that if the city of Biloxi shall cease to maintain the property so transferred for park purposes or for some other wholly public use, or shall alienate or attempt to alienate such property, title thereto shall revert to the United States. Approved, April 12, 1941. April 12, 1941 [H. R. 538] [Public Law 38] Biloxi, Miss. [CHAPTER 74] AN ACT To increase the authorized enlisted strength of the United States Navy, and for other purposes. April 22, 1941 [H. R. 3786] [Public Law 39] Navy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the permanent authorized enlisted strength of the active list of the Regular Navy ized enlisted strength. is hereby increased to two hundred and thirty-two thousand. The President is hereby authorized, whenever in his judgment a sufficient national emergency exists, to increase this number to three hundred thousand. SEC. 2. The phrase "authorized enlisted strength", as applied to the personnel of the Navy, shall hereafter mean the total number of enlisted men of the Navy authorized by law, exclusive of the Hospital Corps. SEC. 3. The total authorized number of commissioned officers of the active list of the line of the Navy, exclusive of commissioned warrant officers, shall be equal to 52 per centum of the authorized enlisted strength of the active list. Emergency increase authorized. Public Law 398, 77th Congress. 34 U. S. C. § 152. Commissioned offi cers. Marine Corps. SEC. 4. Hereafter the authorized enlisted strength of the active list of the Marine Corps shall be 20 per centum of the authorized enlisted strength. strength of the Navy. Approved, April 22, 1941. Public Law 398, 77th Congress. 278941°-42—PT, I-10 April 23, 1941 [H. J. Res. 129] [Public Law 40] Commission, exten sion. 290; 54 Stat. 215. To amend the joint resolution entitled "Joint resolution authorizing Federal participation in the New York World's Fair, 1939", to provide for an extension in the life of the Commission, to authorize the transfer of property to other departments and branches of the Government without consideration, and for other purposes. as Resolved by the Senate and House of Representatives of the United N. Y. World's Fair States of America in Congress assembled, That the life of the United States New York World's Fair Commission established by the joint resolution entitled "Joint resolution authorizing Federal participa50 Stat. 493; 52 Stat. tion in the New York World's Fair, 1939", approved July 9, 1937, amended, is extended for all purposes for such period as said Commission may determine up through but not after August 31, 1941, so that it may complete its undertakings connected with its participation in the New York World's Fair, 1939, and in the New York World's Fair, 1940, and that the Commissioner is authorized, under the direction of the Commission, in the disposition of the materials, property, buildings, and so forth, of the Commission to dispose of the same by outright transfer without consideration to such an extent and to such of the various executive departments and independent offices and establishments of the Government of the United States as he may determine, with the consent of the department or branch concerned, and account therefor. Funds for incurred obligations. 290; 54 Stat. 215. as SEC. 2. The unexpended balance of the funds heretofore made available for carrying into effect the provisions of said Public Resolution Numbered 53, Seventy-fifth Congress, approved July 9, 1937, 50 Stat. 493; 52 Stat. amended, and as hereby amended, are also made available for payment of obligations incurred through such period as said United States New York World's Fair Commission may determine up through but not after August 31, 1941, any unexpended or unoblígated balance to be covered back into the Treasury of the United States: Provided, That not to exceed $5,000 shall be available for the payment of compensation for personal services to be rendered subsequent to April 30, 1941, and for the payment of all other additional operating expenses of the said Commission to be incurred solely by reason of the extension of its life as herein authorized. Proviso. Additional operating expenses. SEC. 3. For these purposes said Public Resolution Numbered 53, Seventy-fifth Congress, approved July 9, 1937, as amended, and as hereby amended, is extended and made applicable through August 31, 1941, in the same manner and to the same extent and for the same purposes, except with the additional authorizations herein contained, as originally provided in said Public Resolution Numbered 53. Approved, April 23, 1941. Authorizing the President of the United States of America to proclaim October 11, 1941, General Pulaski's Memorial Day for the observance and commemoration of the death of Brigadier General Casimir Pulaski. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States of America is authorized to issue a proclamation calling upon officials of the Government to display the flag of the United States on all governmental buildings on October 11, 1941, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the death of General Casimir Pulaski. Approved, April 24, 1941. [CHAPTER 80] May 1, 1941 AN ACT To amend the Act of October 14, 1940, relating to defense housing, by authorizing SEC. 2. Section 3 of such Act of October 14, 1940, is hereby amended by striking out "$150,000,000" and inserting in lieu thereof “$300,000,000". Approved, April 29, 1941. [CHAPTER 81] AN ACT To expedite the national defense by clarifying the application of the Act of August 24, 1935 (49 Stat. 793), as to the requirement of mandatory performance and payment bonds in connection with supply contracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of August 24, 1935 (49 Stat. 793), may, in the discretion of the Secretary of War or the Secretary of the Navy, be waived with respect to contracts for the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, munitions, matériel, or supplies of any kind or nature for the Army or the Navy, regardless of the terms of such contracts as to payment or title: Provided, That as to contracts of a nature which, at the date of the passage of this Act, would have been subject to the provisions of the Act of August 24, 1935 (49 Stat. 793), the Secretary of War or the Secretary of the Navy may require performance and payment bonds as provided by said Act. Approved, April 29, 1941. [CHAPTER 82] AN ACT To authorize the Secretary of the Treasury to permit the construction and maintenance of overhanging walks on the highway bridge, route numbered 36, at Highlands, New Jersey, for public use. Highlands, N. J. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized to grant permission to the State highway bridge. of New Jersey to maintain public walks on the Shrewsbury River highway bridge, route numbered 36, to overhang over portions of parcels 86A and 86B, Borough of Highlands, Monmouth County, State of New Jersey, being property of the United States used for a servicing base of the Coast Guard. The property affected by such permission shall be described by metes and bounds in the permit, which shall also contain an express condition that if the State of New Jersey shall at any time cease to use Maintenance. |