75TH CONGRESS HOUSE OF REPRESENTATIVES 3d Session { REPORT No. 2265 EXTENDING TIMES FOR COMMENCING AND COMPLETING CONSTRUCTION OF BRIDGE ACROSS THE MISSOURI RIVER AT OR NEAR RANDOLPH, MO. MAY 3, 1938.-Referred to the House Calendar and ordered to be printed Mr. EICHER, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany S. 3532] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 3532) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo., having considered the same, report thereon with a recommendation that it pass. The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached, relating to an identical bill, H. R. 9311. [Second endorsement] WAR DEPARTMENT, February 10, 1938. Respectfully returned to the chairman, Committee on Interstate and Foreign Commerce, House of Representatives. So far as the interests committed to this Department are concerned, I know of no objection to the favorable consideration of the accompanying bill, H. R. 9311, Seventy-fifth Congress, third session, to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo. LOUIS JOHNSON, Acting Secretary of War. Hon. CLARENCE F. LEA, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. LEA: Careful consideration has been given to the bill, H. R. 9311, transmitted with your letter of February 3 with request for a report thereon and such views relative thereto as the Department might desire to communicate. This bill would extend for 2 and 4 years, respectively, from May 24, 1938, the times for commencing and completing the construction of the bridge across the Missouri River at or near Randolph, Mo., authorized to be built by the Kansas City Southern Railway Co., its successors and assigns, by act of Congress approved May 24, 1928, and heretofore extended by successive acts of Congress. Almost 10 years have now elapsed since the original act authorizing construction of this bridge was approved. The authorization provides for the construction of a railroad bridge, a highway bridge, or a combined highway and railroad bridge. It is the view of the Department that a sufficient time for the construction of this bridge has already elapsed since the original authorization and that no further extension of the time for that purpose should be granted. Sincerely, HARRY L. BROWN, Acting Secretary. DEPARTMENT OF AGRICULTURE, Hon. CLARENCE F. LEA, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. LEA: Under date of February 21, the Department submitted to your committee an adverse report on H. R. 9311, which is for the purpose of extending the times for commencing and completing the construction of the bridge across the Missouri River, at or near Randolph, Mo., heretofore authorized to be built by the Kansas City Southern Railway Co. Since that date, however, the railway company has urged the Department to withdraw its objections to the proposed extension of times at this time since the conditions resulting from the depression have made it impossible for the company to make any arrangements for financing the construction of the proposed bridge. Representations received from the company further indicate that they do intend to construct a bridge at the point proposed as it is very much needed from the standpoint of railroad interests located there. The Department has in its files also information which indicates that in all probability only a railroad bridge will ever be attempted at this point. In view of the recommendations made, the Department feels that perhaps it should withdraw the objections expressed at this time to the proposed extension of times with respect to the commencement and completion of the construction of the bridge. Sincerely, In re H. R. 9311. Hon. CLARENCE F. LEA, Chairman, Interstate and Foreign Commerce Committee, House of Representatives, Washington, D. C. DEAR MR. LEA: Enclosed find letter from Mr. C. E. Johnston, president of the Kansas City Southern Railway Co., together with map, in support of the above-entitled bill to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo. I should appreciate your committee acting upon this bill as soon as possible. Sincerely, J. B. SHANNON. THE KANSAS CITY SOUTHERN RAILWAY CO., Hon. BENNETT C. CLARK, United States Senate, Washington, D. C. Hon. JOSEPH B. SHANNON, House of Representatives, Washington, D. C. GENTLEMEN: In support of the passage of bill to extend time for construction of bridge over the Missouri River near Randolph, Mo., I am sending you a map showing the location and surroundings of the proposed bridge, and I also submit the following statement, the first part of which is substantially identical with the statement which I submitted in 1936: Our company has purchased a considerable amount of acreage in East Kansas City, Mo., adjacent to the proposed bridge, with a view to constructing a joint terminal for the interchange of business at Kansas City, principally for certain lines of railroads entering Kansas City from the east and north and including the Kansas City Southern. This transportation yard, when constructed, will make unnecessary the handling through the congested part of Kansas City of a large amount of freight, since the interchange between the lines using the yard can be accomplished in that yard. Furthermore, drags of cars going to each of the other railroads may be consolidated and a substantial number of movements can be eliminated and the expense correspondingly reduced. A large amount of north and south traffic can, by the use of the proposed yard, move, with only slight interruption, to the north or the south, without passing through the center of Kansas City and the congested section, known as the "Goose Neck," thereby avoiding the delays necessarily incident to such movement through a large city. At the present time the interchange of carload business between the various lines in Kansas City is the cause of a great deal of congestion and delay during peak seasons and is very expensive to handle. The construction of the proposed bridge is necessary in order to provide a short direct route by which the lines to the north and east may each the proposed transportation yard. The Wabash Railway, the Chicago, Burlington & Quincy Railroad Co., and the Chicago, Rock Island & Pacific Railway Co. passenger trains now enter Kansas City from the north and east through Birmingham, passing thence through north Kansas City over the Hannibal Bridge and "Goose Neck" to the Union Station. The proposed cut-off through Sheffield that would be provided by the proposed bridge would mean a saving of a distance of 2 miles in the handling of the passenger business of these lines. Also, as already explained, the proposed bridge is necessary in order to make the proposed transportation yard function advantageously. The Committee on Interstate and Foreign Commerce of the House of Representatives held a hearing on March 17, 1928, with reference to the proposed bridge, as a result of which they recommended the passage of the bill authorizing the bridge, and the said bill was passed and approved May 24, 1928. Shortly after the bill authorizing the construction of the bridge was passed, we presented definite plans for the location and design of the structure to the Secretary of War for his approval. This matter took considerable time, since the War Department now goes into question of the effect of a proposed bridge upon flood protection, as well as the matters which it had previously been accustomed to investigate. The War Department approved the plans and location of the proposed bridge in May 1929. We have had numerous conferences with the officers of other railroad companies entering Kansas City, with a view to having them join in the construction and use of the proposed bridge and transportation yard. The entire project involves an expenditure of from $8,000,000 to $12,000,000, and our company has already expended over $500,000 in purchasing the land for the transportation yard. The Chicago, Milwaukee, St. Paul & Pacific Railway Co. and the Chicago, Rock Island & Pacific Railway Co. have both been greatly interested in the construction of the proposed bridge, especially since the Rock Island and the Milwaukee joined in the construction of a more direct line, with low grades, between Birmingham, Mo., and the vicinity of Polo, Mo. On account of the depression, however, the times have not been favorable for the financing of such a project, and the railroad companies have not been in position to undertake a work of that magnitude by means of their own funds. They have been compelled to limit all expenditures to those which were absolutely necessary for daily operation and the situation is particularly severe at this time due to the sharp shrink in traffic now moving. For the time being, it is out of the question to undertake any work of the above character and all that can be done is to wait for the improvement of business and financial conditions. The project is the result of mature judgment on our part to provide more adequate terminal facilities for handling the railroad traffic at Kansas City. The Kansas City Southern has developed the plan and has expended to date a large sum for property necessary in connection therewith. In peak business periods the demand for such an improvement is very great and we should be in position to proceed just as soon as general conditions improve to the extent that the railroads interested may finance their respective parts of the project. During the past year we have had further conferences with the officers of the Rock Island and Milwaukee Railroads and have made progress in arriving at a mutually satisfactory plan, but on account of present conditions it has proved impracticable to make arrangements for the construction and financing of the bridge. The Kansas City Terminal Railway Co. at the present time is endeavoring to arrange for a low-grade freight line in the northern part of Kansas City, which will make the proposed bridge even more necessary and useful. I trust that the above information will be sufficient to enable the committees to approve the said bill. If it is desired, however, I shall be glad to appear before them for the purpose of making further explanations and answering any questions that may be asked. Yours very truly, C. E. JOHNSTON. [PUBLIC-No. 500-70TH CONGRESS] [H. R. 11338] AN ACT Authorizing The Kansas City Southern Railway Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River near Randolph, Missouri Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, The Kansas City Southern Railway Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near a point approximately one mile southeast of Randolph, Missouri, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. The Kansas City Southern Railway Company, its successors and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway bridge for all such purposes; and there is hereby conferred upon the said The Kansas City Southern Railway Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3. After the completion of such bridge, as determined by the Secretary of War, if the same is constructed as a highway bridge, only, either the State of Missouri, any political subdivision thereof, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches and any interest in real property necessary therefor, by purchase or by condemnation, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual cost of acquiring such interests in real property; (3) actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements. SEC. 4. If such bridge shall at any time be taken over or acquired by the State of Missouri or by any municipality or other political subdivision or public agency thereof, under the provisions of section 3 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter 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. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. SEC. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles shall be maintained, operated, and kept in repair by the purchaser thereof. SEC. 6. The Kansas City Southern Railway Company, its successors and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War and with the highway department of the State of Missouri a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and at the request of the highway department of the State of Missouri shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said The Kansas City Southern Railway Company, it successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The Kansas City Southern Railway Company, its successors and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the Act of March 23, 1906; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this Act, the said The Kansas City Southern Railway Company, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for any other such purposes, the terms, conditions, and rates of toll for such use; but in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said Act of March 23, 1906. SEC. 8. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to The Kansas City Southern Railway Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage, foreclosure, or otherwise, |