Page:United States Statutes at Large Volume 52.djvu/811

 PUBLIC LAWS-CH. 490-JUNE 16, 1938 Condition. Operation by com- mission if either in- terests fail to accept. Niagara Falls Bridge Commission. Creation, corporate powers, etc. Commission mem- bership. Vacancies. Appointment of army officers: restrio- tions waived. R.S. § 1222. 10 U.S.C. 576. Bond required. Organization; rules, quorum, etc. Capital stock, etc, restriction; applica- tion of revenues. Personal services. Provisions for dis- solving Commission. ized by or pursuant to law to accept the same (hereinafter referred to as the United States interests) and that part within Canada to the Dominion of Canada or to such Province, municipality, or agency thereof as may be authorized by or pursuant to law to accept the same (hereinafter referred to as the Canadian interests), under the condition that the bridge shall thereafter be free of tolls and be properly maintained, operated, and repaired by the United States interests and the Canadian interests, as - may be agreed upon; but if either the United States interests or the Canadian interests shall not be authorized to accept or shall not accept the same under such conditions, then the bridge shall continue to be owned, main- tained, operated, and repaired by the Commission, and the rates of tolls shall be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management, until such time as both the United States interests and the Canadian interests shall be authorized to accept and shall accept such convey- ance under such conditions. SEC. 7. For the purpose of carrying into effect the objects stated in this joint resolution, there is hereby created the Niagara Falls Bridge Commission, and by that name, style, and title said body shall have perpetual succession; may contract and be contracted with; sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; may make and have a common seal; may purchase or otherwise acquire and hold or dispose of real estate and other property; may accept and receive donations or gifts of money or other property and apply same to the purposes of this joint resolu- tion; and shall have and possess all powers necessary, convenient, or proper for carrying into effect the objects stated in this joint resolution. The Commission shall at all times consist of four members to be appointed by the Governor of the State of New York and four members to e appointed by the proper authorities of the Dominion of Canada or of the Province of Ontario. Any vacancy occurring in said Commission shall be filled by appointment by the Governor of the State of New York or by the proper authorities of the Dominion of Canada or of the Province of Ontario. Any officer of the United States Army, who may be appointed or elected a member of the Commission, may serve as such member notwithstanding the provi- sions of section 1222, Revised Statutes, or any other law. Each mem- ber of the Commission and their respective successors shall qualify by giving such bond as may be fixed by the comptroller of the State of New York, conditioned for the faithful performance of all duties required by this joint resolution. The Commission shall elect a chairman and a vice chairman from its members and may establish rules and regulations for the government of its own business. Five members shall constitute a quorum for the transaction of business. SEC. 8. The Commission shall have no capital stock or shares of interest or participation, and all revenues and receipts thereof shall be applied to the purposes specified in this joint resolution. The members of the Commission shall not be entitled to any compensation for their services but may employ a secretary, treasurer, engineers, attorneys, and such other experts, assistants, and employees as they may deem necessary, who shall be entitled to receive such compensa- tion as the Commission may determine. After all bonds and interest thereon shall have been paid and all other obligations of the Com- mission paid or discharged, or provision for all such payment shall have been made as hereibefore provided, and after the bridge shall have been conveyed to the United States interests and the Canadian 770 [52 STAT.;

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