New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-15

and bayOus running 1nto anu Hcn' 'no Co.
and to protect the inhabitants rom lnuhua
agrnes With the said Louisiana Levee Com
pany in terms as follows:
4 That in order TO MAINTAIN uniform
and perfect system, the location and dimen'
.iops of all levees to be contracted, mani
tanned. repaired, and kept IN repair and
managed. shall be determined 10y CEN
mission of three engineers, to be ap-
pointed as follows, 10 wit: One by the
Governor Of the State of Louisiana,
who il hereby authorized and directed
TO appoint said engineer within thirty days
after the acceptance of the terms of this
act by the said company. as hereinafter
provided: one by the Louisiana Levee
Company, and one by the government OF
the United States. 1t shall be the duty OF
said commission, and they are hereby di-
rected to determine the proper location and
dimensions Of all !evees TO be constructed,
repaired or strengthened by said corpora
ton, and the standard of dlmensl0Is 70
which they shall be maintained by sand
company, and TO report the same with
maps and profiles thereof, and the nun Der
of cubic yards to be built in the cUnstruc-
ton of new levees. and in the Strengthening,
enlarging and repairing the levees now u
existence, TO the Secretary of War, the
Governor OF the State and the president Of
said company They shall also, on or before
the first day of October in each year, prepare
report, with statement in detail OF the
number aud location Of the ltvees 70 he
constructed during the year next ensuing,
with careful estimate of the number OF
cubic wards such levees will contain when
com pleted, and shall deliver one copy OF
said statement and estimate to the Governor
of the State, one copy TO the Auditor OF
Public Accounts, and one copy to the presl-
dent of the Louisiana Levee Company, and
the said company shall not be required to
build, during the year, any levees except
those required To be built by said commits
sion; provided. however that IN case OF the
destruction or threatened destruction OF any
levees from the caving of the banks subse-
quent TO the first day of October, and after
the report and statement above referred to
shall be made, then said commission shall
be authorized 10 substitute levees in front
of such breaks or threatened breaks in lieu
of other leyees of less pressing ne
cessiGy: and provided, further, that
in cases when such substitution can
not be made without detriment to public in
tetests, then the Levee Company shall build
the levees in front OF such breaks. and the
cost of the same shall be credited TO the ac.
count of said company on the next succeed
ing wear. The member of said commission
appointed by the Governor shall be paid by
the State At the rate of six thousand dollars
per annum. ANY two members OF said COM
mission shall be competent 10 perform the
duties imposed upon said commission, and
their decision shall be sufficient and shall
be accepted and taken as and for the decl-
sion of said commission: provided, that the
neglect. failure or refusal of the govern
ment Of the United States, or of the Cover
nor of this State. 10 appoint mem Der OF
said commission as aforesaid, shall not IN
anv respect invaldate or annul this agree
ment. And the said commission. and the
members of it, are, and each OF them is.
vested with all and every power, authority
and right requisite and necessary Tor the
discharge of said duties.
.. That the said Louisiana Levee Com
pany, for and in consideration Of the com.
pensation, benefits, rights and powers here.
matter stated, shall take charge of, manage.
control, construct, maintain. repair and keep,
IN repair all the levees in this State on the
Il ssissippi river, it's tributaries and outlets,
and such levees IN the State of Arkansas as
may be necessary to protect any OF the
lands of this State from overflow by the
waters of the Mississippi or Arkan sas river:
provided, however, that the consent Of the
State of Arkansas be first had and obtained
TO the building, constructing, maintenance,
management and repairing Of said !evees ia
said last mentioned State.
). That for the purpose of carrying on.
the provisions of the preceding article, the
said Louisiana Levee Company is hereby
vested with the sole and exclusive custody.
management: and control of all the levees
of this State for the period OF twenty one
years from the day when this act shall take
effect. Said corporation shall have fuli
right and authority d. all times to enter
upon and occupy. as far as may be necessa.
nv, by their surveyors or engineers. con.
tractors, agents and servants, together with
all necessary carts. animals. tools, mate.
rails and equipments, all such lands as may
be necessary, and to remain as long as NAV
be necessary for the purpose OF doing and
performing all and singular the matters
and things required to be done and per.
formed in and about the inspecting. build
ing. construction. maintenance. repairing
or management of the levees as aforesaid,
and to take, free of cost, from said lands.
stone, gravel. earth and timber as the same
Imay be necessary for the purpose afore-
said, with full right of way and the right
and power to use and occupy sufficient
portion OF land-without remuneration
to the owner or occupant thereof
for the purpose of locating, erecting,
constructing, repairing and extending said
levees; and the said corporation shall have
all the rights, powers and prerogatives,
with respect to the location, construction,
maintenance and management of said levees
as are now vested by law in the STATE. par.
ish or municipal authorities; provided, how.
ever, that said corporation shall have no
power to lay, assess or Impose any ta4, i'm
post, fine or penalty whatsoever, nor TO
compel the owner or occupants of land to
construct or keep in repair any levee or
parts Of the same. or TO contribute TO the
same.
4. That said corporation shall, within
u = ha of .ar f,E
said commission, commence the constrIlc-
ton of said levees, and shall thereafter con-
struct not less than the number of cubic
yards in each year required by the estimate
of said commission. until the whole shall
be completed according to the standard re-
quired by their final report
). That on and after the completion of
any and all sections of said levees said
company shall maintain the same up to the
standard dimensions required by the re-
port of said commissions; and in the event
of said corporation failing or neglecting to
do so, it shall ice liable i'll damages 20 any
person or persons injured by reason of said
neglect or failure: provided, that said cor
poration shall in 10 case be liable where
such injury shall be caused by, or said fail
ure shall result from, acts of violence of
men. the wrongful acts Of individuals, the
existence of obstacles interposed by the
action of courts, or the operation Of causes
over which said company can have no con-
troll, or on account of the floods rising above
the standard heigh: determined by said
commission.
6. That the Auditor Of Public Accounts
shall be required 70 pay to the
Louisiana Levee Company, at the
rate of fifty cents per cubic yard,
for all levees constructed by said COMPANY
after the first day OF October, 1873 and for
which certificates shall be issued according
to law. And said Auditor shall annually
levy and cause TO be collected, in the same
manner and by the same officers as the or.
binary taxes of the State are collected,