No. 41. ADJUTANT GENERAL'S OFFICE, The following Act of Congress is published for the information and government of all concerned: AN ACT to enable the Secretary of War to carry out the act of April twenty-third, eighteen hundred and seventy-four, entitled "An Act to provide for the relief of the persons suffering from the overflow of the Mississippi River," and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of War to carry out the provisions of the act approved April twenty-third, eighteen hundred and seventy four, entitled "An Act to provide for the relief of the persons suffering from the overflow of the lower Mississippi River," the sum of ninety-thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of purchasing supplies of food to be issued under his direction to any and all classes of destitute or helpless persons living on or near the lower Mississippi River who have been rendered so by reason of the recent overflow; and that the Secretary of War make detailed report to the Congress of the expenditure under this act. SEC. 2. That the Secretary of War is directed to issue temporarily of supplies of food and disused army clothing for the support and to prevent starvation and extreme want to any and all classes of helpless or destitute persons who have been rendered so by reason of the recent overflow of the Mississippi River, and to make report to Congress of such issue of food and clothing, and the condition and situation of such destitute people, and the sum of one hundred thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, for such supplies of food or rations: Provided, That the authority hereby conferred upon the Secretary of War shall expire on the first day of September, eighteen hundred and seventy-four. Approved May 13, 1874. BY ORDER OF THE SECRETARY OF WAR: OFFICIAL: E. D. TOWNSEND, Adjutant General. ADJUTANT GENERAL'S OFFICE, No. 42. Washington, May 19, 1874. The following Act of Congress is published for the information and government of all concerned: AN ACT providing for the payment of the bonds of the Louisville and Portland Canal Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the appropriations made by the act approved March third, eighteen hundred and seventy-three. entitled "An Act making appropriations for the repair, preservation, and completion of certain public works on rivers and harbors, and for other purposes," for the payment of the debts of the Louisville and Portland Canal Company, are hereby continued in full force, and are made permanently applicable to the payment of the debts of the said Louisville and Portland Canal Company; and so much as may be necessary shall be applied to the payment of the interest as it accrues, and the principal of the outstanding bonds of said company as they mature: Provided, however, That the Secretary of the Treasury may purchase and pay for any of said bonds, at the market price, not above par, whenever he deems it for the interest of the United States. SEC. 2. That after thirty days from the passage of this act the Secretary of War is hereby authorized and directed to take possession of the said Louisville and Portland Canal, and all the property, real and personal, of said company, as the property of the United States, as provided for by the act of the general assembly of the State of Kentucky, approved February twenty-second, eighteen hundred and forty-four, entitled "An Act to amend an act entitled 'An Act to amend the charter of the Louisville and Portland Canal Company,' approved January twenty-first, eighteen hundred and forty-two," conceding jurisdiction over said canal to the United States, subject, however, to the mortgagelien on said property in favor of the trustees under said mortgage and the holders of the bonds issued under it; and the Secretary of the Treasury is hereby authorized to pay the directors of said company for the stock held by them, which payment shall be made forthwith by the Secretary of the Treasury, being the sum of one hundred dollars to each director, with interest thereon at six per centum per annum since the authorized and directed to cause a careful and full examination of all the receipts and disbursements of the said company to be made, and to collect, and, if necessary, to sue for, any money due to or held for the said company by the directors of said company, or the trustees under said mortgage, or by any person whatever. And said Secretary of the Treasury is hereby directed and empowered, immediately upon the passage of this act, to give public notice in such manner as, in his judgment, will best effect the purpose, to all persons and corporations having debts of any nature against said Louisville and Portland Canal Company. except the bonded debt thereof, to present them to him on or before the first day of July, eighteen hundred and seventy-five; and any such debt not presented on or before said day shall be forever barred. And said Secretary is hereby directed and authorized to examine, audit, and, in his discretion, allow such debts, or any of them, being hereby vested with any power necessary to that end; and he shall embrace his action in the premises in his succeeding annual report: Provided, however, That no sum of money shall be paid by the Secretary of the Treasury on account of any claim for either city or State taxes assessed, or to be hereafter assessed, against said company, or against the said canal property or any of its appendages. SEC. 3. That the said canal and property appertaining thereto sball be held for the common use and benefit of the people of the United States, free of all tolls and charges, except such as are necessary to pay the current expenses of said canal and to keep the same in repair; and for the present year they shall be at the rate of ten cents per ton capacity on vessels propelled by steam and five cents per ton on other vessels; and to ascertain what rates will pay current expenses after the present year, the Secretary of War shall, on the first Monday of January of each year, ascertain from the expenses of the previous year what tolls will probably pay the expenses of the current year; and he shall fix and declare the rate of tolls thus ascertained to be charged for the current year; and, until otherwise provided by law, the Secretary of War shall provide for the superintendence, management, and repair of said canal, and may apply the tolls so received, as far as may be necessary, to pay the current expenses of said canal; and he shall, in his next annual report, set forth such receipts and expenditures and the condition of said canal with a view to such legislation as may be necessary for the superintendence and management thereof; but no expenditure nor contract for expenditure of money shall be made under the authority of this section in any one year to an amount greater than the amount which may be received during such year from tolls on said canal. SEC. 4. That if at any time it become necessary to enforce the lien of the mortgage upon said canal property for the benefit of the bondholders, it shall be lawful for the trustees named in said mortgage, or any other trustees who may be appointed in pursuance of the laws of Kentucky, to commence proceedings therein in any court having jurisdiction thereof, with notice to the United States as terre tenant pro forma, and serve process upon any officer of the United States who shall have the superintendence of said canal, whose duty it shall be to notify the Attorney General of the United States of such service; whereupon said Attorney General shall enter an appearance in said case, and take all necessary steps to represent and defend the interests of the United States in such proceedings, so that the same may be conducted in the same manner and with the like effect as if the said Louisville and Portland Canal Company were still in existence as a corporation. Approved May 11, 1874. BY ORDER OF THE SECRETARY OF WAR: OFFICIAL: E. D. TOWNSEND, Adjutant General. |