May appoint arbitrators. mission, &c. of which shall be delivered to the president of the company, and another copy shall be filed in the office of the secretary of state. SECTION 3. In case an amicable settlement cannot be effected as aforesaid, or if said board should deem it expedient before attempting such settlement, it is hereby authorized to submit the adjudication of said claim to five arbitrators, to be agreed upon between Articles of sub- said commissioners and said company. The articles of submission shall be signed by said commissioners on behalf of the state, and by the president of the company, or some person duly authorized, on its behalf; and said submission shall be obligatory upon the state and the company, and neither party shall revoke the same, and the award shall be final: provided, it shall be signed by a majority of said arbitrators; and in case of the refusal or inability of any arbitrator, so chosen, to act in the premises, a substitute may be chosen as above, and in case the parties cannot agree upon such substitute, the governor shall appoint the same. Meeting of arbitrators-their award, &c. Appropriation. warrants. SECTION 4. The arbitrators so agreed upon, shall meet in the city of Madison on or before the first day of January, A. D. 1863. They shall have all the powers conferred upon arbitrators by the laws of this state, and shall make their award in writing on or before the first day of March, 1863. One copy they shall deliver to the secretary of state, and another to the president or person representing the company. The secretary shall file such award in his office. SECTION 5. There is hereby appropriated, to defray the expenses of this arbitration, a sum not exceeding one thousand dollars, or so much thereof as may be necessary to pay the expenses of proceedings under Board to draw this act. The board shall draw its warrant [warrants] on the treasurer as the money may be needed, and apply the same in paying the per diem and mileage of the arbitrators and witnesses' fees on behalf of the state. Attorney gener- It shall be the duty of the attorney general to defend the state before said arbitrators. The arbitrators shall be allowed such sum per diem and mileage as the board may deem just. If the governor shall deem it expedient, he may employ other counsel to assist the attorney general in defending the state before said arbitrators, and he is, in that case, authorized to agree upon the Reimbursement compensation to be paid to such counsel: provided, that al to defend state, &c. Other counsel may be employ. ed. &c. of expenses. if any amount is awarded to the canal company by the arbitrators, the treasurer shall retain from the amount so awarded, a sum sufficient to reimburse the state the full amount of expenses incurred by such arbitration. to be paid. SECTION 6. In case an award shall be made in favor Appraisal of property and of the company, it shall be the duty of the arbitrators deduction of to appraise the property of the Rock river canal com- award. pany, and fix the value of said property, and the amount of said appraisal shall be deducted from the award, and the property shall thereafter vest in said company. SECTION 7. The money awarded, if any, whether when award by the commissioners or arbitrators, shall in no event be payable or be paid to said company, until the state shall receive from the United States the moneys commonly called the "five per cent. fund," now withheld by the United States. When the state shall obtain said fund from the United States, the secretary of state shall draw his warrant on the state treasurer in favor of the company for the money so awarded, and the same shall be paid by the treasurer on presentment, out of said five per cent. fund: provided, however, that This act not a this act shall not be so construed as to admit or recog- claims of compa nize any claim against this state in favor of the Rock "y. river canal company. Approved Sept. 25, 1862. recognition of CHAPTER 9. [Published September 27, 1862.] AN ACT (for an act) to amend chapter 377 of the general laws of 1862, entitled "an act to amend section one of chapter 200 of the general laws of 1862, entitled 'an act to authorize the city council of the city of Green Bay to subscribe, in behalf of said city, fifteen thousand dollars to the capital stock of the Chicago and Northwestern railway company, and to provide for levying and collecting a tax to pay for the same. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter 377 of the gen- Amendment. eral laws of 1862, is amended, by striking out the names of "Thomas Burnett and E. A. Torker," where they oc cur in said section, and inserting in lieu there of the names of "Thomas Bennett and E. A. Tooker." SECTION 2. This act shall take effect and be in force from and after its passage. Approved Sept. 25, 1862. Preamble. Auditing of cer tain accounts CHAPTER 10. [Published September 27, 1862.] AN ACT to authorize the secretary of state to audit accounts for telegraphing on war business. Whereas, By orders from the war department, it is made necessary that all telegraphic messages on business connected with the organization and dispatching of troops, shall be first paid by the states; and whereas, there is no fund appropriated for their payment: Therefore, The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. All accounts for telegraphic messages for telegraphing. On military business, in the executive department, and in the offices of the adjutant-general and quartermaster-general, which shall have been or shall be hereafter certified to as correct, by the governor, adjutant-general or quartermaster-general, for their respective offices, shall be audited by the secretary of state, who shall draw his warrant [warrants] therefor on the state treas To be paid by treasurer. urer. SECTION 2. The state treasurer is hereby authorized to pay the said accounts, and a sufficient amount of money is hereby appropriated for the payment of the same. SECTION 3. This act shall take effect from and after its passage. Approved Sept. 25, 1862. CHAPTER 11. [Published September 26, 1862.] AN ACT to enable the militia and volunteers of this state, when Whereas, The constitution of this state provides that Preamble. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: are qualified electors of this state, may exersuffrage out of cise the right of the state. SECTION 1. All qualified electors of this state who Volunteers who shall be in the actual military service of the United States or of this state, either within this state or without the same, on the Tuesday next succeeding the first Monday in November, in any year, shall be entitled to exercise the right of suffrage at any general election to be held pursuant to any law of this state on that day, at the several posts, camps or places where the regiment or battery of artillery, or part of a regiment not less than one company, under a separate command, to which such electors belong, may be on that day, as fully as if such electors were present at the places in this state where such election may be held, and where such persons would be entitled to vote, any provisions of law now in force to the contrary notwithstanding: provided, that this section shall not extend to and in- Provisos. clude any person in the regular or standing army of the United States, nor any person in any regiment, battery or company organized and officered out of this state; and proviled, further, that the word "company,' as used in this act, shall not be held or construed so as to prohibit the members of any company present for duty at any post, camp or place where such company may be stationed, from enjoying the privileges authorized by this act, although the members of said company Where elections may be held. How vote to be taken, inspec &c. so present shall be less in number than the minimum. number required to organize a company. SECTION 2. To carry into effect the provisions of the preceeding [preceding] section, elections may be held at the several posts, camps or places in said section mentioned, which elections shall be conducted so far as practicable, and not inconsistent with the provisions of this act, in the manner prescribed by the general election laws of this state. SECTION 3. The vote shall be taken by companies. tors of election, The three ranking officers in each company of infantry or cavalry, or battery of artillery, shall act as inspectors of elections held under the provisions of this act. In case of the absence or inability, or refusal to act, of any of the officers hereinbefore named, their duties as inspectors shall be performed by the officers next in rank. The officer highest in rank, acting as inspector of election in such company, shall be chairman of the board of inspectors. The inspectors of each company shall make a separate canvass and statement of the result, in writing, of the votes cast by such company, Whore regimen. as hereinafter provided. The regimental and staff al and staff offi- officers of each regiment shall be entitled to vote at the polls opened in any company of the regiment to which they belong. Separate can vass. ers may vote. Clerks. Inspectors and clerks to take oath. Opening aud SECTION 4. The officers who shall act as inspectors under this act, shall appoint two electors to act as clerks of elections. SECTION 5. Previous [previously] to receiving any votes, the inspectors and clerks of election shall severally take an oath or affirmation that they will support the constitution of the United States, and of the state of Wisconsin, and will perform their duties as inspectors or clerks according to law, and will studiously endeavor to prevent all fraud, deceit or abuse in conducting the same. Said oath or affirmation shall be either printed or in writing, or partly printed and partly written, shall be subscribed by the persons taking the same, and may be administered by either of said inspectors, and shall be annexed to and returned with the poll-books, as hereinafter provided. SECTION 6. The polls of the election shall be opened losing of polls. and closed at such hours as the inspectors shall agree upon: provided, that time shall be given for all voters in the company or battery to vote. |