Hon. JAMES S. PARKER, DEPARTMENT OF AGRICUlture, Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 14681, transmitted with your letter of December 9 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would authorize the Pittsburgh, Fort Wayne & Chicago Railway Co., its successors and assigns, to construct, maintain, and operate a railroad bridge and approaches thereto across the Kankakee River between a point in Dewey Township, in Laporte County, and a point in Railroad Township, in Starke County, State of Indiana. The bill relates to a railroad bridge and is without objection so far as this department is concerned. Sincerely, BRIDGE ACROSS OHIO RIVER AT CAIRO, ILL. DECEMBER 20, 1930.-Referred to the House Calendar and ordered to be printed Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 14689] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 14689) to extend the times for commencing and completing the construction of a bridge across the Ohio River at Cairo, Ill., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Line 11, after the word "March" strike out the figure "2" and insert the figure "6" in lieu thereof. The bill has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, December 16, 1930. 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 accompany bill (H. R. 14689, 71st Cong., 3d sess.) to extend the times for commencing and completing the construction of a bridge across the Ohio River at Cairo, Ill. Hon. JAMES S. PARKER, PATRICK J. HURLEY, DEPARTMENT OF AGRICULTURE, Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 14689, transmitted with your letter of December 9 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would extend for one and three years, respectively, from March 2, 1931, the times for commencing and completing the construction of the bridge across the Ohio River at or near Cairo, Ill., authorized by act of Congress approved March 6, 1928, to be built by the Cairo Association of Commerce. The Cairo Association of Commerce already has had almost three years within which to commence the construction of the bridge. If it has been unable to arrange construction to begin within that period of time, it is not believed that it should be permitted further to tie up the proposed bridge location by continuing to hold a congressional authorization through the medium of successive time extensions. The department, therefore, would recommend against favorable action on the bill. Sincerely, R. W. DUNLAP, Acting Secretary. The acts of Congress referred to in the bill are as follows: [PUBLIC-No. 96-70TH CONGRESS) [H. R. 121] AN ACT Authorizing the Cairo Association of Commerce, its successors and assigns, 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 Association of Commerce, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, at or near Cairo, Illinois, 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. There is hereby conferred upon the Cairo Association of Commerce, 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. The said Cairo Association of Commerce, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Illinois, the State of Kentucky, any public agency or political subdivision of either of such States, within or adjoining which any part of the 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 or expropriation, in accordance with the laws of either of such States 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 costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. SEC. 5. If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of tolls 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 tolls 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. 6. The Cairo Association of Commerce, its successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War, and with the highway departments of the States of Illinois and Kentucky, 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 upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the cost 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 Cairo Association of Commerce, its successors and assigns, shall make available all 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 4 of this act, subject only to review in a court of equity for fraud or gross mistake. 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 Cairo Association of Commerce, 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, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 8. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 6, 1928. [PUBLIC NO. 1006-70TH CONGRESS] [H. R. 17185] AN ACT To extend the time for commencing and completing the construction of 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 the times for commencing and completing the construction of a bridge across the Ohio River at or near Cairo, Illinois, authorized to be built by the Cairo Association of Commerce, by the act of Congress approved March 6, 1928, are hereby extended one and three years, respectively, from March 6, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929. [PUBLIC No. 263-71ST CONGRESS] [H. R. 9805] AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at Cairo, Illinois Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of the bridge across the Ohio River at or near Cairo, Illinois, authorized to be built by the Cairo Association of Commerce, by the act of Con gress approved March 6, 1928, and extended for one year by the act of Congress approved March 2, 1929, are hereby further extended one and three years, respectively, from March 2, 1930. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, May 26, 1930. The Hon. E. E. Denison, who introduced this bill, has submitted the following information with respect thereto : Mr. ELTON J. LAYTON, HOUSE OF REPRESENTATIVES, Washington, D. C., December 10, 1980. Clerk Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. LAYTON: In reply to your letter of the 9th regarding the bill H. R. 14689, which I filed to extend the times for commencing and completing the construction of a bridge across the Ohio River at Cairo, Ill., I inclose a statement I have received from Judge William S. Dewey of Cairo, and which I wish you would file for record in connection with the bill. I am familiar with the facts in connection with this matter, and I indorse what is stated by Judge Dewey. Yours truly, Hon. E. E. DENISON, House of Representatives, Washington, D. C. E. E. DENISON. DEWEY & CUMMINS, Cairo, Ill., November 29, 1930. DEAR CONGRESSMAN: At the request of the Cairo Association of Commerce I am writing you to ask that you secure a further extension of the commencement and completion of the Ohio River Bridge at Cairo. They are making this request for the following reasons: 1. Negotiations are now pending between the representatives of the State of Kentucky and our citizens looking toward the construction of this bridge by the State of Kentucky with possible cooperation on the Illinois approach by the State of Illinois. The matter is now being considered by the highway departments of both States, and conference between the representatives of these departments is being arranged for at an early date. As permit has been granted for the construction of this bridge, it is possible that the States interested will want to construct the same under the permit already authorized by the War Department. If so, the present franchise and permit will be transferred to the State of Kentucky, subject to approval by the United States Government. 2. While the State of Kentucky was granted permit by last session of Congress to build a bridge across the Ohio River at or near Cairo, it would be quite a saving both in time and expense for the State to take over the present franchise and permit now in the name of Illinois-Kentucky Bridge Co. as the assigns of the Cairo Association of Commerce. 3. It is probable that if this plan is agreed upon there will be insufficient time between now and next Macrh when time for commencing construction ends, in which to do all the preliminary work required in order to have the cooperation of the two States interested. We don't want to take the chance of a lapse of franchise before satisfactory arrangements for its construction have been completed. 4. If work can be begun next year, the construction of a $2,500,000 enterprise will help the unemployment situation, and such a project should not be hazarded by insufficient time in which to formulate these plans. 5. Under the Kentucky plan, and as you know Kentucky extends to low-water mark on the Illinois side, the construction of the bridge as a State enterprise would have to be undertaken by the State of Kentucky and eventually the bridge would become a free bridge instead of a toll bridge, which takes it out of the class of toll bridge as ordinarily considered. 6. The State of Kentucky has just completed its concrete road on United States Highway No. 51 from Fulton to Wickliffe, which latter point will be the Kentucky terminal of the Ohio River Bridge and approach, and hence the road situation for construction of this bridge has not been favorable until the present time. As the time for beginning construction expires in March next it is deemed important to have the extension granted during the coming session of Congress, as it will be too late when the newly elected Congress convenes. Personally, I want to thank you for all the services you have rendered our people in this bridge project and other matters pertaining to the welfare of the city of Cairo and regret very much you went down in the landslide this month even though you polled a splendid vote. I think not only our district but Congress will be the loser by you not being reelected. Very sincerely yours, |