B28, LAW 5/1/1863

No. 98. An Act to facilitate transportation for the Government.
 
   The Congress of the Confederate States of America do enact, That the Secretary of War, under the direction of the President, be and he is hereby authorized to require from any of the railroad companies in the Confederate States, that they devote, when in his judgment it may be necessary for the support or operations of armies in the field, all the means and resources of such companies, over and above what may be requisite for the running one train for passengers in each twenty-four hours, to the transportation of freight, supplies, material and men for the Government, and that they run freight trains on such practicable schedules as may be prescribed by the Quartermaster General to regulate the running of railroads, either on their own roads alone, or as through trains on other roads; and in the event, after due requisition made by the Secretary of War, under the direction of the President, on such railroad companies, of any company refusing or unreasonably failing to comply with such requisition, then the Secretary of War, under the direction of the President, be authorized to seize and impress such road, with all its depots, cars, locomotives, running stock, machinery and implements, and turn the same over to the Quartermaster General, who may compel the continued presence, employment and work of such of its officers, agents, employees and operatives as are within the ages liable to conscription under existing laws, and shall continue the working and operations in transportation of said road, paying to such railroad company for the possession and use of its franchises, roads, depots, rolling stock, machinery and implements, such just compensation as may be assessed and presented by the board of assessors constituted in the State in which said road or part of road is situated, under the act entitled "An act to regulate impressments" by officers of the army, approved March 26, 1863; which assessors are hereby empowered and charged with the duty of such assessment and regulation, in addition to the duties imposed on them by said act: Provided, That the Quartermaster General may employ such officers, agents and employees as he may deem essential to the efficient operation of any road so impresses: Provided further, That no railroad exclusively owned and worked by any State shall be seized or impressed under the provisions of this act.
   Sec. 2. That the Quartermaster General, under the direction of the President, is empowered to remove the rolling stock off and from one railroad to another, whenever in his judgment it is necessary for the public use; but such just compensation shall be made for the use of the same as may be assessed in the manner prescribed in the first section of this act: Provided, That the rolling stock of no railroad exclusively owned and worked by any State shall be seized or impressed under the provisions of this act.
   Sec. 3. Whenever it shall be necessary to the public service either to remove the rails or other moveable structure, or the machinery of any railroad, in order to prevent their capture by the public enemy, or to repair, extend or alter the roadway, structures or machinery of a railroad, or to construct any sidetrack, water-stations, warehouses or other structures connected with any railroad, such work shall be upon the requisition of the Quartermaster General, under the direction of the President, promptly executed under the control and superintendence of the officers of such railroads, the cost thereof to be defrayed by the Confederate States on bills duly rendered, and certified by the president and superintendent of the road, to be charged to and refunded by the company on whose railroad such structures are built, or such repairs, extensions or alterations of roadways, structures or machinery are made, to the extent only, and at the time when they shall be of value to such company, irrespective of their value to the Government, such value to be determined by the board of assessors prescribed in the first section of this act.
   Sec. 4. That this act shall be in force from and after its passage.
   Approved, May 1, 1863.
[Text from original bill, as amended, in The National Archives.]

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