military stores and troops. The Quartermaster-General, upon the advice of the military commander of the department, to determine when this can be done, subject to the approval of the Secretary of War.
Second. No charge to be made against the railroad for expense of material or expense of operation.
Third. All materials for permanent way used in the repair and construction of the road and all damaged material of this class which may be left along its route, having been thrown there during the operations of destruction of repair, to be considered as part of the road and given up with it.
Fourth. No payment or credit to be given to the railroad for its occupation or use by the United States during the continuance of the military necessity which compelled the United States to take possession of it by captured from the public enemy. The recovery of the road from the public enemy and its return to loyal owners, with the vast expenditure of defense and repair, are a full equivalent for its use.
Fifth. All movable property, including rolling-stock of all kinds, the property of the United States, to be sold at auction, after full public notice, to the highest bidder.
Sixth. All rolling-stock and material, the property before the war of railroads, and captured by the forces of the United States, to be placed at the disposal of the roads which originally owned it, and to be given up to these roads as soon as it can be spared and they appear by proper agents authorized to receive it.
Seventh. When a State has a board of public works able and willing to take charge of its railroads, the railroads in possession of the Quartermaster's Department to be given up to this board of public works, leaving it to the State authorities and to the judicial tribunals to regulate all questions of property between rival boards, agents, or stockholders.
Eighth. Roads not being operated by the U. S. Quartermaster's Department not to be interfered with unless under military necessity, such roads to be left in possession of such persons as may now have possession, subject only to the removal of every agent, director, president, superintendent, or operative who has not taken the oath of allegiance to the United States, which rule should be rigidly enforced.
Ninth. When the superintendents in actual possession decline to take such oath, some competent person to be appointed as receiver of the railroad, who shall administer the affairs of the road and account for its receipts to the board of directors who may be formally recognized as the legal and loyal board of managers. This receiver to be appointed, as in the case of other abandoned property, by the Treasury Department.
Tenth. I recommend that the Governor of the State of Virginia be informed that the War Department will interpose no obstacle to the Board of Public Works of the State taking possession of all the railroads in the State not in use and occupation of the military forces of the United States by the Quartermaster's Department, and that as soon as the military occupation of any of these roads can be safely dispensed with the road will be transferred to the charge of the Board of Public Works.
In some of the States the State is a large ugh there may be in such States no board of public works, it is probable that the State authorities will be willing to receive and take charge of the roads. If not, receivers should be appointed by