The Birmingham age-herald., 1923-08-05
ENABLING ACT CAN BECOWELAW SOON; OPPOSITION LIGHT
(Continued From Preceding Paxe)

OPPOSITION LIGHT
 (Continued From Preceding Page) cluding estimates of costs. prepared by competent engineers or architects, to the governor, who shall consult and confer with said board in ref erence thereto. The governor also shall be authorized and empow cred, wherever he thinks 1t Is eXpedient, to make other and further investiga- tions in regard to the desirahllity of such proposed acquisition or erection of facilities as above mentioned. If after such full investigation as he deems necessary Is made, the gov ernor approves such acquisition pur- chase, lease or the erection of such facilities, he shall indicate 1t by in dorsing his approval of the plan, or by letter to the commission, and thereupon the commission shall go forward with such project. If. how ever. the governor disapproves, the commission shall not have authority to begin such proposed improvement, but may make other and further sug- gestions or amendments to the gov ernor from time to time. The state, through the said commission. shall have power to acquire, own, lease and operate tugboats, to locate. install, build, acquire, lease, own, hold, main- tain, control and operate at seapoTts line or lines of terminal railroads with necessary sidings. turnouts, spurs, branches, switches, yard tracks, bridges trestles and cause- ways, and, In connection herewith, or appurtenant thereto, shall have the further right to lease, install, build. acquire, own, maintain, control and use any and every kind of character of motive power and conveyance or appliance necessary or proper to carry passengers, goods, wares and merchandise over, along or upon the tracks of such railroads or other con- veyances. The state acting through the said commission. shall have the right and authority with it's terminal railroads to connect with or cross any other railroad upon the payment of just compensation and to receive. de- liver to and transport the freight. messengers and cars of common car rier railroads as though it were an ordinary common carrier. The title 10 all proDertY acquired under the au- thority of this act shall vest in the state of Alabama. but the commission, with the consent and approval of the governor, may dispose of. sell or lease to others, at reasonable prices and for reasonable compensation. any of said : -roperty, equipment and fla cilities. provided that the proceeds of all such sales and leases shall remain as part of the fund to be used in the improvement and development hereby authorized including in such use the paying of obligations of the state, with the interest thereon. which the state is empowered by this act to in cur. The commission Is authorized to exchange any property or properties acquired under the authority. of this fAr At1t nh~nr art, tioe, usable in carrying out the powers hereby conferred. and also to remove from lands needed for its purposes and reconstruct on other locatiors any buildings, terminals. railroads or other structures upon the payment of just compensation. if. in its judgment, it is necessary or expedient so to do in order to carry out any of it's plans for port development approved by the governor The commission is hereby authorized to bring and prosecute. for and in the name of the state, all such suits, actions and other legal proceed ings as may be proper or necessary for the enforcement of the rights of the state growing out of any of it's transactidhs or operations authorized by this act. Power or Condcmnation.
 Sec, 5,--For the acquiring of rights ' the construction of terminal rail- roads anu structures, including rail- road crossings, WharVes, piers, docks, quays, grain elevators, cotton com presses, warehouses and other ri- parian and littora1 terminals and structures and approaches thereto needful for the convenient use of same, the state, acting through said commission, shall have the right and power to acquire the same by pur- chase, by negotiation, or by condem- nation, and should 1t elect to exercise the right of eminent domain, it may proceed in the manner provided by the general laws of the state of Ala bama for procedure by any county, municipality or corporation organ ized under the laws of this state, or in any other manner provided by law The said power of eminent domain shall apply, not only as to all prop tions, but also as to property already devoted to public use the use herein designated being superior tc any other public use to which said prop erty so desired or necessary for the purposes herelnbefore declared shall have been already dedicated.
 Sec. 6. The operation of the inn provements and facilities hereby au- thorized shall be conducted in the name of the state hapbor commission In such operation. the commission may contract such current indebted ness as are usual and customary in such an operation and may extend such current credits to others as are usual and customary in such an op- eration. The commission may adopt rules not inconsistent with the pro- visions of this act for the purpose of regulating, controlling and conduct ing the said operation.
 O O O.
 Of Bond Issue.
 Sec. '. In order to provide funds for the purposes herein authorized, the governor is hereby empowered to eX- ecute and, with the advice and con currence of the commission, to sell the states bonds in such amounts. not exceeding in the aggregate the sum of $10,000, ,00G as may be neces sary for said purposes. but under and subject to the following pro- visions: The said bonds shall be ap- propriately designated as harbor im- proVement bonds of the state and shall mature and be payable in equal annual installments at such times as may be designated by the commis- ion, with the approval of tha ROVer-