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HICKSVILLE, LONG ISLAND, N. Y.,

Re H. R. 10117, introduced by Hon. Robert L. Bacon.

ELTON J. LAYTON, Esq.,

Clerk, Committee on Interstate and Foreign Commerce,

April 15, 1938.

House Office Building, Washington, D. C. DEAR MR. LAYTON: Congressman Bacon has forwarded to me your letter of the 12th instant in connection with the above-entitled bill. Inasmuch as I am the official counsel to the bridge and causeway committee of the board of supervisors of Suffolk County I assume that my reply to your letter will be acceptable.

I shall endeavor to answer the questions by number as referred to in your letter:

1. There is no ferry now in operation at or near the location of the Smithpoint Bridge. The only means of reaching the ocean frontage anywhere near this vicinity is by private boat.

2. The people of the town of Brookhaven, which is one of the largest towns of the county of Suffolk, have been most anxious for a number of years that this bridge be constructed, and particularly strong sentiment exists for having a toll bridge so that the traffic using the bridge might in a measure pay for its construction.

3. During the past year the press of both the Republican and Democratic Parties have been almost unanimous in their demand that the bridge be constructed, that tolls be charged, and that every effort be made to have the bridge constructed so as to bring to Long Island its fair proportionate benefits resulting from the World's Fair activity.

4. The State of New York and the County of Suffolk, are undoubtedly in such a financial condition that such bridge could be constructed as a free bridge but the State has in no way indicated that it is desirous of constructing such bridge at the present time. As a matter of fact, Governor Lehman vetoed two important bills before the legislature authorizing the construction of parkways and bridges affecting a portion of the territory in Kings County. Insofar as Suffolk County is concerned, this bridge was one of the projects authorized by the resolution of the board of supervisors of April 27, 1931, almost 7 years ago. There was sufficient objection at that time to the construction of the bridge as a free bridge, the cost to be borne by the taxpayers, that an action was brought entitled Macrum v. Hawkins" which finally went to the Court of Appeals and is reported in 261 New York 193.

5. It is my opinion, and I might say the members of the board of supervisors have expressed themselves unqualifiedly to the effect that the bridge will not be built in the near future as a free bridge. The only bridge which they will consider is one where tolls are charged.

I am herewith submitting a petition which is addressed to the Governor, Senate, and the Assembly of the State of New York, which was signed by the various civic organizations and organizations interested in civic affairs, which represented approximately 11,000 people. The Long Island Association has taken a most definite stand in favor of the bridge. The Suffolk County Association, which was organized over a year ago with its principal purpose of bringing about the construction of this bridge, and the Long Island loop bridges, has a membership covering the entire county, and has made every effort to bring about the commencement of the construction of the bridge program.

It it should be desired by the committee, arrangements can be made for the appearance before the committee of members of the board of supervisors, and also the submission of publicity, resolutions, and petitions in support of the request of the county of Suffolk for the enactment of the above-entitled bill.

I will be glad to be of any further assistance that I may be in connection with the matter.

I will appreciate your advising me.

Thanking you for your courtesy in the matter, I am,

Yours very truly,

О

CHARLES H. STOLL.

75TH CONGRESS HOUSE OF REPRESENTATIVES 3d Session

{

REPORT No. 2270

TOLL BRIDGES ACROSS NAVIGABLE WATERS IN SUFFOLK COUNTY, N. Y.

MAY 3, 1938.-Referred to the House Calendar and ordered to be printed

Mr. KENNEDY of New York, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 10118]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10118) granting the consent of Congress to construct, maintain, and operate toll bridges, known as Long Island Loop Bridges, across navigable waters at or near East Marion to Shelter Island, and Shelter Island to North Haven, Suffolk County, N. Y., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments: Page 1, lines 4 to 6, after the word "York" in line 4, strike out the comma and the words "or to any public instrumentality created or provided for under the laws of the State of New York".

Page 2, after the word "tolls" in line 24, strike out the comma and the balance of lines 24 and 25.

Page 3 strike out all of lines 1 and 2 and in line 3 strike out the word "agement".

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

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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. 10118, Seventy-fifth Congress, third session, granting the consent of Congress to construct, maintain, and operate toll bridges, known as the Long Island Loop Bridges, across navigable waters at or near East Marion to Shelter Island, and Shelter Island to North Haven, Suffolk County, N. Y.

LOUIS JOHNSON, Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, April 19, 1938.

Hon. CLARENCE F. LEA,

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. LEA: Careful consideration has been given to the bill, H. R. 10118, transmitted with your letter of April 5 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would grant the consent of Congress to the county of Suffolk, State of New York, or to any public instrumentality created or provided for under the laws of the State of New York, to construct, maintain, and operate a bridge and approaches thereto across navigable waters in said county between the northerly side of Shelter Island and the southerly side of the north fluke of Long Island, at a point near East Marion, known as Cleaves Point, southerly to Hay Beach Point, Shelter Island, and also a bridge and approaches thereto across navigable waters in said county, separating the southerly portion of Shelter Island from the northerly portion of North Haven at a point from the southerly side of Shelter Island, known as South Ferry, southerly to North Haven.

Provision is made in the bill that if tolls are charged for the use of such bridges the rates shall be so adjusted as to provide a fund sufficient to meet annual maintenance, repair, and operation costs and create a sinking fund sufficient to amortize the cost of the bridges and their approaches within a period of not to exceed 40 years from the completion thereof. Thereafter such bridges would be required to be maintained and operated free of tolls, or the rates of toll would have to be so adjusted as to provide a fund sufficient only for proper maintenance, repair, and operation costs.

It seems to the Department that the bill is too indefinite as to whom the authority to construct such bridges would be granted. It is believed that this uncertainty should be eliminated by confining the authorization to the county of Suffolk, State of New York, by striking out the language beginning with the word "or," line 4, page 1, down to and including the words "New York," line 6. If the county should be unable to proceed with the construction of the bridges in question, then any other agency or public instrumentality created or provided for under the laws of the State desiring to construct such bridge could obtain an authorization from Congress for that purpose.

It is noted that after the bridges shall have provided a sinking fund sufficient to amortize the cost of their construction they shall be maintained and operated free of tolls, or the rates of toll thereafter shall be so adjusted as to provide only for annual maintenance, repair, and operation costs. It is the view of the Department that after publicly owned toll bridges, as these would be, have amortized their cost from the proceeds of the tolls, in addition to meeting annual maintenance, repair, and operation costs during the period of toll collection, they thereafter should be maintained and operated free of tolls.

Subject to the above suggestions, the bill is without objection so far as this Department is concerned.

Sincerely,

W. R. GREGG,
Acting Secretary.

HOUSE OF REPRESENTATIVES,
Washington, D. C., April 18, 1938.

The CLERK, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House of Representatives.

MY DEAR MR. LAYTON: Responsive to your letter of the 12th, relative to H. R. 10118, I attach hereto, in duplicate, a letter from Mr. Charles H. Stoll, official counsel to the bridge and causeway committee of the Board of Supervisors of Suffolk County, N Y., which answers in detail the questions put in your own letter.

If there is any additional information you desire, please let me know.

Sincerely,

ROBERT L. BACON.

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Re H. R. 10118, introduced by Hon. Robert L. Bacon.
ELTON J. LAYTON, Esq.,

Clerk, Committee on Interstate and Foreign Commerce,

House Office Building, Washington, D. C. DEAR MR. LAYTON: Congressman Bacon has forwarded to me your letter of the 12th instant in connection with the above-entitled bill. Inasmuch as I am the official counsel to the bridge and causeway committee of the Board of Supervisors of Suffolk County I assume that my reply to your letter will be acceptable. I shall endeavor to answer the questions by number as referred to in your letter: 1. There are at present two ferries, one connecting Greenport with Shelter Island, and one connecting the southerly portion of Shelter Island with North Haven, upon which tolls are charged on the first ferry of $1 and 15 cents per passenger in addition to the driver, and on the other 75 cents and 15 cents for each passenger other than the driver.

2. The people in the vicinity are most desirous of having a toll bridge constructed on those locations on Shelter Island. The two bridges have become known as the Long Island Loop Bridges. In other words, the flukes of Long Island extend for a distance of approximately 50 miles east of Riverhead, the head of the Peconic Bay being at Riverhead which, with other bays and sounds, separates the easterly portion of Long Island into the two forks or, as they are commonly called, flukes. The highway system of Long Island has been developed so that an arterial highway extends easterly on each of the flukes terminating in what might be called dead ends. The purpose of the bridges will be to connect these flukes so as to create a loop connecting the two arterial highway systems of Long Island. The construction of these bridges was authorized by resolution of the board of supervisors adopted April 27, 1931, at which time it was proposed to make them free bridges. A large portion of the taxpayers of the county objected to the building of the bridges as free bridges which resulted in litigation which was carried to the court of appeals, in which the bridge program was defeated because of the failure of the County of Suffolk to secure the consent from Congress to cross navigable waters. This case is known as Macrum et al. v. Hawkins et al., reported in 261 N. Y. 193. The opposition to the free bridges at that time was so strong that the officials advocating the projects were defeated at the next election during which campaign the bridge issue was the major issue.

3. During the past year there has been organized the Suffolk County Association, whose membership extends throughout the entire county, and its major purpose is to bring about the construction of the proposed bridges referred to in the above-entitled bill. It is said that it is the first time in the history of Suffolk County that both the Republican and Democratic press and both major parties have united to bring to the county these improvements. I am enclosing copy of a petition addressed to the Governor, Senate, and Assembly of the State of New York, which was signed by civic organizations and other organizations interested in civic welfare, representing over 11,000 people. The Shelter Island Chamber of Commerce, and all the various organizations have gone on record favoring the bridges. This tremendous public sentiment has expressed itself most forcibly. However, it has all been based on the representation that the bridges would be toll bridges so that their cost might in a measure be paid for by the traffic using them rather than at the expense of the taxpayers as a whole. The county is most anxious to have the bridges constructed as soon as possible so as to gain for the county the maximum benefits to be derived from the World's Fair to be opened April 30, 1939.

4. It is a conceded fact that the State of New York and the county of Suffolk are financially able to build the proposed bridges as free bridges. The State, however, has at no time indicated its willingness to do so. As a matter of fact, at the last session of the State legislature two bills were passed authorizing the construction of parkways and bridges in Kings County which the other day were vetoed by Governor Lehman. The county of Suffolk, while in a financial position to build the bridges, finds public sentiment is such that it could not be done as free bridges, the entire sentiment being in favor of toll bridges. I have set forth the situation as to free bridges in answer to question 2.

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