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[Senate Bill, No. 36] |
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| Senate, May 20, 1864. Read first and
second times, and ordered to be placed upon the calendar and printed. |
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| [By Mr. Sparrow, from the Committee on
Military Affairs.] |
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A BILL |
| To be entitled An Act to provide for the impressment of
the railroad iron, equipments, and rolling stock of railroads, when the
same shall become necessary for the public defence, and to make further
provisions for the efficient transportation of troops and military
supplies. |
| Section 1. The Congress of the
Confederate States of America do enact, That the Secretary of War
be, and he is hereby, authorized to appropriate the railroad iron,
equipments, and rolling stock of any railroad, whenever the same shall
be necessary for the public use, with the condition that just
compensation be provided for the owner thereof. |
| Sec. 2. That whenever the Secretary of War
shall be of opinion that the public defence requires that the railroad
iron, equipments, or rolling stock of any railroad shall become the
property of the Confederate States, or the exclusive use thereof shall
be necessary to them, it shall be lawful for him to contract for the
purchase of the same, or for the use thereof, on such terms as may be
expedient, or he may cause a petition to be filed in the name of the
Confederate States with the Judge of the District Court of the
Confederate States of the district in which such property may be,
alleging that the property aforesaid is necessary for the public use,
and that the just compensation will be provided therefor, and praying
that an order be made for the delivery of the same, and the
ascertainment of the amount of compensation which shall be paid by the
Confederacy for the property or use of the property, as the case may be,
a copy of which petition shall be served upon the president, secretary,
or other executive officer of the corporation or company, if the same
belongs to such a body, or upon the owner, if the ownership be private,
ten days before any order shall be made by the judge upon the same, with
a notice of the time and place at which the same will be presented for
action; and thereupon it shall be the duty of the judge to make an order
for the surrender to the officer who may be designated by the Secretary
of War the property aforesaid, and to take measures for the
ascertainment of the compensation to be paid therefor according to the
terms of this act. |
| Sec. 3. For the ascertainment of the
compensation under this act, it shall be the duty of the judge of the
district court aforesaid, to appoint five discreet, impartial, and loyal
citizens to ascertain the compensation that shall be made for the
property or use of the property embraced in the order, who shall be
sworn to perform their duty faithfully and impartially, and to certify
truly to the court their appraisement and award upon the matter
submitted, which oath may be administered by the clerk of the district
court or any magistrate authorized to administer oaths. The said
appraisers shall be allowed to summon witnesses and to hear testimony on
the matter before them, and shall render their award within a limited
period from their appointment, to be determined by the judge of the
court. |
| Sec. 4. That should there be a failure
from any cause in the rendering an award, or should any of the
appraisers decline or fail to act, it shall be competent for the judge
to appoint others, and to exercise the necessary powers to obtain an
adjustment of the matter aforesaid, and upon the coming in of the award,
if the same be regular, and there be no valid objection to the same, he
shall confirm the same, and the effect of the confirmation is hereby
declared to be to create against the Confederate States a valid claim
for the sum awarded, which sum may be paid to the owners or into the
court for distribution: Provided, however, The delivery and
surrender of the property aforesaid, may be ordered by the court without
awaiting the proceedings aforesaid, and may be enforced, if refused by
the owners thereof, by the issuing of appropriate legal process as in
suits at law, |
| Sec. 5. That all leans, encumbrances,
mortgages and rights of whatever kind that may exist against any of the
property appropriated under this act, shall be transferred to the sum of
money that may be awarded as just compensation, and no creditor or
encumbrancer of any description shall be allowed to interpose any
objection by reason of the existence of his claim, lien, encumbrance, or
other right to the said property, but they shall have full liberty to
appear before the judge of the district court and to propound their
claims, secure their rights or interests in the sum of money that be
awarded as aforesaid. |
| Sec. 6. That the district court shall be
open at all times for proceedings under this act, and shall proceed
immediately in the matters hereby submitted to its jurisdiction, and may
tax the costa against the Confederate States. |
| Sec. 7. That the transportation of troops,
munitions of war, military property and stores, throughout the
Confederate States, upon any railroad, river, canal or navigable water
course, shall be under the direction of the Secretary of war, and such
officers and agents as he may appoint, and he shall have power to make
regulations to insure the speedy, prompt and efficient transportation of
all troops and property of the description aforesaid, and to enforce the
observance of the same, upon any railroad or water course whatsoever,
and by all persons engaged in the business of transportation upon the
same. |
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| Newspaper reports indicated that
the bill was referred to the Joint Committee on Impressments. No further
information has been found and the bill is not in the lists of enacted
bills. |
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