An act of Congress approved April 13, 1934, created the Cairo Bridge Commission, and authorized it to construct the bridge across the Ohio River from Cairo to the Kentucky shore. As required by law, the location and plans of the structure have been approved by the Department, and it is understood that construction thereof has been commenced.

House bill 9287 proposes to authorize the Cairo Bridge Commission to acquire by purchase and thereafter maintain and operate the toll bridge of the Cairo Bridge & Terminal Co. across the Mississippi River at Cairo. Upon completion of the bridge across the Ohio River and the purchase of the bridge across the Mississippi River, the Cairo Bridge Commission will own, maintain, and operate the highway bridges at the locality connecting the State of Illinois with the States of Missouri and Kentucky. The ultimate purpose of the proposed legislation is to secure free bridges to the public use.

Insofar as the interests committed to this Department are concerned, there is no objection to the favorable consideration of H. R. 9287, Seventy-fifth Congress, third session.

DEAR MR. LEA: Careful consideration has been given to the bill H. R. 9287, transmitted with your letter of February 2 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would authorize the Cairo Bridge Commission, its successors and assigns, to acquire by purchase and thereafter to repair, reconstruct, or renew and maintain the existing bridge across the Mississippi River at or near Cairo, Ill., which was constructed by the Cairo Bridge & Terminal Co. pursuant to act approved April 2, 1926.

The Cairo Bridge Commission was created by the act of April 13, 1934 (48 Stat. 577), with authority to construct and operate a toll bridge across the Ohio River from a point at or near Cairo to a point opposite in Kentucky. This latter bridge is now under construction and is in close proximity to the bridge which already exists across the Mississippi River. The two bridges will be complementary to each other and only slightly competitive.

It would appear that operating advantages might result from a consolidation of the ownership of the two bridges in the Cairo Bridge Commission. Said Commission is now required by law to apply the proceeds of all tolls which may be charged for transit over the bridge it is constructing to maintenance, repair, and operating costs, and to meeting interest and principal payments on bonds and other obligations issued to meet the cost of construction, and after complete amortization of the cost of construction shall convey the bridge to the States of Illinois and Kentucky, or to subdivisions thereof, if they are authorized to accept it and will accept it and thereafter maintain and operate it free of tolls.

The existing toll bridge across the Mississippi River is now privately owned and operated. If it should be taken over by the Cairo Bridge Commission as the bill proposes, it then would be subject to the same provisions as indicated in the preceding paragraph with respect to the use of the proceeds of the tolls and conveyance to the States, or to subdivisions thereof, after amortization of bonds or other obligations issued for acquiring it, except that such conveyance would be to the States of Illinois and Missouri, or to subdivisions thereof.

It is believed that some limitation should be provided in the bill as to the maximum price which the Cairo Bridge Commission may pay for the existing bridge, but the Department is not in position to suggest what such limitation should be. Perhaps the Cairo Bridge Commission is sufficiently advised concerning the situation to offer an appropriate limitation for the consideration of the committee.

Subject to the above, the Department will interpose no objection to the bill.

FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS,
Washington, May 7, 1938.

Hon. CLARENCE F. LEA,

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

MY DEAR MR. LEA: I have your letter of March 31, 1938, requesting a report, together with comments, on the bill (H. R. 9287) to authorize the Cairo Bridge Commission, or the successors of said commission, to acquire by purchase, and to improve, maintain, and operate a toll bridge across the Mississippi River at or near Cairo, Ill.

The Federal Emergency Administration of Public Works has no interest in the proposed bill. It is pointed out that the Public Works Administration has made a grant allotment of $654,545 to aid in financing the construction of a bridge across the Ohio River near this point, and that such bridge now is under construction.

I have been informed by the Bureau of the Budget that there would be no objection by that office to the submission of this report to the committee.

Sincerely yours,

HAROLD L. ICKES, Administrator.

RESOLUTION

Whereas the Cairo Bridge Commission has been authorized by the Congress of the United States of America to construct, maintain, and operate a bridge across the Ohio River at or near Cairo, Ill., and is now constructing such bridge, which it is expected to have completed about July 1, 1938; and

Whereas, under an act of said Congress, the Cairo Bridge & Terminal Co. was authorized to construct, maintain, and operate a bridge across the Mississippi River at or near Cairo, Ill., which bridge has been constructed and is now being maintained and operated by the Cairo Bridge Co., the assigns of the Cairo Bridge & Terminal Co.; and

Whereas the two bridges on the Illinois side connect a short distance above the junction of the Ohio and Mississippi Rivers and from thence have a common highway which is to be jointly used as the Illinois approach to both of said bridges, which approach is within the corporate limits of the said city of Cairo; and

Whereas a bill has been introduced in the Congress of the United States to authorize the Cairo Bridge Commission, or the successors of said Commission, to acquire by purchase and to improve, maintain, and operate the existing toll bridge across the Mississippi River at Cairo, Ill., and the approaches thereto, which bill is now pending in Congress, and the city of Cairo is desirous of having such authority granted to the Cairo Bridge Commission, as it believes that it would be to the best interests of the people of said city to have both bridges owned, maintained, and operated by said Cairo Bridge Commission, a public corporation created by Congress: Now, therefore, be it

Resolved by the City Council of the city of Cairo, in Illinois, in meeting assembled, That the city of Cairo request the Senate and House of Representatives of the United States of America to pass a suitable bill to authorize the Cairo Bridge Commission, or its successors, to acquire by purchase and thereafter to repair, reconstruct, rebuild, enlarge, renew, replace, improve, maintain, and operate the existing bridge across the Mississippi River at or near Cairo, Ill., and the approaches thereto.

Adopted by the council January 17, 1938.
Approved January 17, 1938.

Attest:

HARRY V. LIND, Acting Mayor.

ROBT. A. HATCHER, City Clerk.

STATE OF ILLINOIS,

County of Alexander and city of Cairo, ss:

I, Robt. A. Hatcher, do hereby certify that I am the city clerk of the said city of Cairo, in the county and State aforesaid, and I do further certify that the above and foregoing is a true, correct, and perfect copy of a resolution adopted by the council of said city at a regular meeting thereof held on January 17 A. D. 1938, and approved January 17, 1938, and that said resolution is recorded on

page 707 of Journal V of the said city of Cairo, and that said resolution and said Journal V are now on file in my office and I am keeper of the same.

Given under my hand and the corporate seal of the city of Cairo, Ill., this, the 15th day of February, in the year of our Lord one thousand nine hundred thirtyeight. [SEAL]

ROBT. A. THATCHER,

City Clerk of the City of Cairo, Ill.

[PUBLIC-No. 87-69TH CONGRESS]

[H. R. 9007]

AN ACT Granting the consent of Congress to the Cairo Bridge and Terminal Company to construct, maintain, and operate bridges across the Mississippi and Ohio Rivers at Cairo, Illinois

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Cairo Bridge and Terminal Company, its successors and assigns, to construct, maintain, and operate two highway or combined highway and railway bridges and approaches thereto; one across the Mississippi River at a point suitable for connecting the city of Cairo, Illinois, with State Highway Numbered 16 in the State of Missouri, and the other bridge to be located over the Ohio River at a point suitable for connecting the city of Cairo, Illinois, with the gravel highway from Wickliff to Paducah, in the State of Kentucky, and each of said bridges shall be located at a point suitable to the interests of navigation, 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. The construction of such bridge or bridges shall not be commenced, nor shall any alteration in such bridge or bridges be made either before or after their completion, until the plans and specifications for such construction or alteration have been submitted to the Secretary of War and the Chief of Engineers and approved by them as being adequate from the standpoint of the volume and weight of traffic which will pass over it.

SEC. 2. There is hereby conferred upon the said Cairo Bridge and Terminal Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, appropriate, occupy, possess, and use real estate and other property needed for the location, construction, operation, or maintenance of such bridges, approaches, bridge terminals, works, and appurtenances as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such land and property is situated, upon making proper compensation therefor, to be ascertained according to the laws of such State, and the proceedings therefor may be the same as in the condemnstion or appropriation of property for railroads, or for bridges in such State.

SEC. 3. The said Cairo Bridge and Terminal Company, its successors and assigns, is her by authorized to fix and charge tolls for transit over such bridge or bridges and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such Act of March 23, 1906. SEC. 4. After the date of completion of such bridge or bridges, as determined by the Secretary of War, either the State of Kentucky, the State of Illinois, the State of Missouri, or any political subdivision of either of such States, within or adjoining which such bridge or bridges is or are 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 or bridges and approaches, and interests in real property necessary therefor, by purchase, or by condemnation in accordance with the law of either of such States governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty years after the completion of such bridge or bridges they are acquired by condemnation, 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 or bridges and approaches, less a reasonable deduction for actual depreciation in respect of such bridge or bridges and approaches, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs (not to exceed 10 per centum of the sum of the cost of construction of such bridge or bridges and approaches and the acquisition of such interests in real property), and (4) actual expenditures for necessary improvements,

SEC. 5. The said Cairo Bridge and Terminal Company, its successors and assigns, shall, immediately after the completion of such bridge, file with the Secretary of War, a sworn itemized statement showing the actual original cost of constructing such bridge or bridges and approaches, including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three years after the completion of such bridge or bridges, the Secretary of War shall investigate the actual cost of such bridge or bridges, and for such purpose the said Cairo Bridge and Terminal Company, its successors and assigns, shall make available to the Secretary of War all of its records in connection with the financing and construction thereof. The findings of the Secretary of War as to such original cost shall be conclusive.

SEC. 6. If such bridges or either of them shall be taken over and acquired by the States or political subdivisions thereof under the provisions of section 4 of this Act, the same may thereafter be operated as toll bridges; in fixing the rates of toll to be charged for the use of such bridges, the same shall be so adjusted as to provide as far as possible a sufficient fund to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the cost thereof within a period of not to exceed thirty years from the date of acquiring the same. After a sinking fund sufficient to pay the cost of acquiring such bridge, and its approaches shall have been provided, the bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches.

SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the said Cairo Bridge and Terminal Company, its successors, and assigns, and any corporation to which such right, powers, and privileges may be sold, assigned, or transferred, or which shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation.

SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 2, 1926.

[PUBLIC NO. 156-73D CONGRESS]

[S. 2675]

AN ACT Creating the Cairo Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Ohio River at or near Cairo, Illinois

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the Cairo Bridge Commission (hereinafter created, and hereinafter referred to as the "Commission") and its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at or near the city of Cairo, Illinois, at a point suitable to the interests of navigation, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, subject to the conditions and limitations contained in this Act. For like purposes said Commission and its successors and assigns are hereby authorized to purchase, maintain, and operate all or any ferries across the Ohio and/or Mississippi Rivers within ten miles of the location which shall be selected for said bridge, subject to the conditions and limitations contained in this Act.

SEC. 2. There is hereby conferred upon the Commission and its successors and assigns the right and power to enter upon such lands and to acquire, condemn, occupy, possess, and use such real estate and other property in the State of Illinois and the Commonwealth of Kentucky as may be needed for the location, construction, operation, and maintenance of such bridge and its approaches, upon making just compensation therefor, to be ascertained and paid according to the laws of the State in which such real estate or other property is situated, and the proceedings therefor shall be the same as in the condemnation of private property for public purposes in said States, respectively.

SEC. 3. The Commission and its successors and assigns are hereby authorized to fix and charge tolls for transit over such bridge and such ferry or ferries in accordance with the provisions of this Act.

SEC. 4. The Commission and its successors and assigns are hereby authorized to provide for the payment of the cost of the bridge and its approaches and the ferry or ferries and the necessary lands, easements, and appurtenances thereto by an issue or issues of negotiable bonds of the Commission, bearing interest at not more than 6 per centum per annum, the principal and interest of which bonds and any premium to be paid for retirement thereof before maturity shall be payable solely from the sinking fund provided in accordance with this Act. Such bonds may be registrable as to principal alone or both principal and interest, shall be in such form not inconsistent with this Act, shall mature at such time or times not exceeding forty years from their respective dates, shall be in such denominations, shall be executed in such manner, and shall be payable in such medium and at such place or places as the Commission may determine. The Commission may repurchase and may reserve the right to redeem all or any of said bonds before maturity in such manner and at such price or prices, not exceeding one hundred and five and accrued interest, as may be fixed by the Commission prior to the issuance of the bonds. The Commission may enter into an agreement with any bank or trust company in the United States as trustee having the power to make such agreement, setting forth the duties of the Commission in respect of the construction, maintenance, operation, repair, and insurance of the bridge and/or the ferry or ferries, the conservation and application of all funds, the safeguarding of moneys on hand or on deposit, and the rights and remedies of said trustee and the holders of the bonds, restricting the individual right of action of the bondholders as is customary in trust agreements respecting bonds of corporations. Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also provisions for approval by the original purchasers of the bonds of the employment of consulting engineers and of the security given by the bridge contractors and by any bank or trust company in which the proceeds of bonds or of bridge or ferry tolls or other moneys of the Commission shall be deposited, and may provide that no contract for construction shall be made without the approval of the consulting engineers. The bridge constructed under the authority of this Act shall be deemed to be an instrumentality for interstate commerce, the Postal Service, and military and other purposes authorized by the Government of the United States, and said bridge and ferry or ferries and the bonds issued in connection therewith and the income derived therefrom shall be exempt from all Federal, State, municipal, and local taxation. bonds shall be sold in such manner and at such time or times and at such price as the Commission may determine, but no such sale shall be made at a price so low as to require the payment of more than 6 per centum interest on the money received therefor, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the cost of the bridge and its approaches, and the land, easements, and appurtenances used in connection therewith and, in the event the ferry or ferries are to be acquired, also the cost of such ferry or ferries and the lands, easements, and appurtenances used in connection therewith. The cost of the bridge and ferry or ferries shall be deemed to include interest during construction of the bridge, and for twelve months thereafter, and all engineering, legal, architectural, traffic-surveying, and other expenses incident to the construction of the bridge or the acquisition of the ferry or ferries, and the acquisition of the necessary property, and incident to the financing thereof, including the cost of acquiring existing franchises, rights, plans, and works of and relating to the bridge, now owned by any person, firm, or corporation, and the cost of purchasing all or any part of the shares of stock of any such corporate owner if, in the judgment of the Commission, such purchases should be found expedient. If the proceeds of the bonds issued shall exceed the cost as finally determined, the excess shall be placed in the sinking fund hereinafter provided. Prior to the preparation of definitive bonds the Commission may, under like restrictions, issue temporary bonds or interim certificates with or without coupons of any denomination whatsoever, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.

Said

SEC. 5. In fixing the rates of toll to be charged for the use of such bridge the same 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 pay the principal and interest of such bonds as the same shall fall due and the redemption or repurchase price of all or any thereof redeemed or repurchased before maturity as herein provided. All tolls and other revenues from said bridge are hereby