Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-07-29


most of that time a practicing lawyer,
feel it to be my duty, as far as / can, e
put the whole matter fairly before the
public, and to endeavOr at least to show
out of what these bonds have grown, anC
! their character and value in a legal poinl
r of view.
1t will be remembered by YOU intelli,
gent readers that by act of twenty-eighth
OF September, 1850, the Congress of the
United States declared: "That to enable
/, the State of Arkansas to construct the
necessary levees and drains to reclaim
the sWampand overlooked lands therein,
; the whole of these swampandoverfiowed
lands made thereby unfit for cultivation,
which shall Bemain unsOld at the passage
of this act, shall be and the same are
hereby granted to said State" After
the passage Of
THIS LAW,
aud for the purpose of carrying out the
provisions of this grant, by a series of
acts passed by her Legislature, duly ap-
proved and put into execution, and be-
ing of dates January 6, 1851, January
Is, 1851, January l, 1853, January 10,
lS53, January II, 1858, January II, 1855,
January 20, 1855, December -, 1855,
December 80, 1856, January :, 1857,
January Is, 1857 January Is, 1857, made
the surest ample provisions for the To-
eating and citing all such laws within
that State as fell within the said grant,
and for putting fully into operation a
complete system for levying and drain
age for said lands as, and exclusively as
a State work of internal improvement.
At the breaking out of the war this
/ system of levying and State internal
/ nanrovap1ap V-aG in f111 ,,,o.ofs,n ovl
vast amounts of work had been done.
and many of the lands sold. :
During the war, and from many
causes, these levees, so constructed at a
vast outlay, had become seriously in
jured, and in many localities utterly
destroyed.
Consequently, and for the purpose of
reinstating and repairing these public
State works,the Legislature of that State
by an act of date the sixteenth of March,
A. D., 1869, entitled
GAN ACT
providing for the building and repairing
of the public levees Of this State, and
for other purposes, declared.
WHEREAS, The Congress of the United
States did heretofore, tO-wit: on the
twenty-eighth day of September, Ammo
ONALAAnA AODOf hOAl1lE u Tic swamp anu
~over1Owed lands in this State, then un-
sold, to the State of Arkansas, and by
the terms of the grant of said lands the
proceeds of said lands, whether from
sale or by direct appropriation in kind,
were to be applied exclusively, as. far as
necessary, to the purpose of retaining
i lands, by means Oflevees and drains;
and the Legislature of the State did
heretofore enact certain laws, providing
for their reclamation by levees and
drains; and, whereas, a large portion of
said lands now belong to the State, and
have not been sold or disposed of by the
operation of said enactments of the
Legislature las above d~escribed), and
said lands, in their present condition,
are to a great extent worthless to the
state, unless the same be redeemed and
protected from o%verflOws; and. whereas,
the public levees of this State have not
been kept up and repaired
DURING OR SINCE THE WAR,
and at the outbreak of the war all work
upon the public levees of the State was
suspended, leaving a vast amount of
these lands unprotected or only partially
50, thereby rendering useless and of no
practical value the work and labor al
ready expended, unless the same shall be
carried on aud completed therefore,
By the first section of this act it ispTO-
vided that this public work of the State
shall be resumed, upon application to
the Commissioner of Public Works and
Internal Improvements of this State;
and by the second section: at shall be
the duty of the Commissioner of Public
Works and Internal Improvements for
State, Immediately upon applica-
ton, to to be made accurate sur
veys and estimates of the kiRd and
amount of work required, in order to
determine of the practical utility and
benefit, either to the State or private in
dividuals, to be derived therefrom; and
after having made the necessary sur
veys and estimates, it shall be deemed
tn expenditures are necessary, ex-
pedient and justifiable, then the said
Commissioner of Public Works of the
State shall proceed i
By the third section the "COmmis- {
siOner of Public Works and Internal
Improvements is authorized to employ I
an engineer, to 'be paid in the same
manner as Stale officers are paid and {
BY the fourth section "it shall be the I
iuty of the Commissioner of Public I
Works and Internal improvements of
his DldIC W CbAAlaCl WIFI TIE LOWEST I
responsible bidderfOr the construction of $
all public works contemplated by the /
provisions of this act.n ,
BY the sixth section, "Upon certifi- +
cate of the Commissioner of Public /
Works and Internal Improvements that !
The contractor has completed his con- 4
-ract, OF any portion thereof for which :
ne is entitled to draw pay, the Auditor
IF the State shall issue swamp-land !
warrants, which shall be receivable in :
payment for swamp and overlooked =
ands at the rate of one dollar and TWEEN \
y-fiye cents per acre" etc. "Such land =
shall be issued in sums of not :,
ess than fifty nor more than one tnou- /,
and dollars each, Fearing interest for !
thirty years from the date thereof. with :
thereto attached ETC., paya-
DE at the city of Little Rock. q
BY SECTION SEVEN, q
that the interest shall, in every (
Instance, be levied upon and collected ;
rom land owners, who are benefited by n
building or repairing Of any levees Il
r the making of any bitches or drains c
SECTION EIGHT. b
At the expiration Of the time limited v
D the foregoing section, for which the |
wamp-land warrants therein author I,
sed, TO be issued by the Auditor, shall d
raw interest, said swamp-land war ;
shall be redeemed by the State n
treasurer in the legal currency of the p
ountTy; provided, there shall, at the r;
me, be no such lands belonging TO the 81
tate, upon which said warrants can be o
aid. Then, by act of the twelfth of "
1863, the Legislature provided I
)r the assessment of taxes upon the Is
enef1ted lands, upon their increase a
alue. And then by act Of March o, a.
81, being an act to amend an act, N az
tied IAN act providing for the build
~ and repairing of the public leyees of u
MS state, the Legislature provided, OF
the hrst SIX sections, what had before Il
zen provided, and by the seventh sec OF
upon the certificate Of the Com s
lissioner Of Public Works and Internal
improvements, that any contractor who d
completed his contract, or any portion In
lereOf, for which he is entitled to draw q
~, stating the amount such contractor al
be entitled to, the Auditor Of the IA
ate shall issue his warrants, which of
lall be denomiBated S
ARKANSAS STATE LEVEE BONDS, Il
sums of not less than fifty nor more Il
one thousand dollars EACH" Il
payable thirty years from the date of p'
he passage of this act, and bear interest p'
The rate Of seven per cent. per an IN
uln, payable semi-annually on the first Ia
OF July and January in each year, W
Ihe city of New York; provided, that OF
o'Ilhg contained in this act shall au- by
lorlze a greater issue than three mill of
ohs Oh dollars; said bonds TO have in W
rest coupons thereto attached, and tn
zen AUDITORS warrants shall be received ID
any, proper officer of this STATE. an al
lorized to receive the pay for All losses III
as swamp and overfiowed Lands an
internal improvement lands sold nv rs
lis State.N Ihen the ninhlh - e