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 Louisiana 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 Baton Rouge-Mississippi River Bridge 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 Louisiana 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 Louisiana 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 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 Baton Rouge-Mississippi River Bridge Company, its 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 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 Baton Rouge-Mississippi River Bridge 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 Baton Rouge-Mississippi River Bridge 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 Baton RougeMississippi River Bridge 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, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. SEC. 9. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 20, 1928. [PUBLIC NO. 682-70TH CONGRESS] [8. 50381 AN ACT To extend the times for commencing and completing the construction of a bridge across the Mississippi River at or near Baton Rouge, Louisiana 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 Mississippi River at or near Baton Rouge, Louisiana, authorized to be built by the Baton Rouge-Mississippi River Bridge Company, its successors and assigns, by the act of Congress approved February 20, 1928, are hereby extended one and three years, respectively, from February 20, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, January 25, 1929. The Hon. Bolivar E. Kemp who introduced this bill has submitted the following information with respect thereto : Hon. JAMES S. PARKER, HOUSE OF REPRESENTATIVES, Washington, D. C., January 27, 1981. Chairman Interstate and Foreign Commerce Committee, House of Representatives, Washington, D. C. MY DEAR COLLEAGUE: Referring to H. R. 16246, for an extension of time to construct a bridge across the Mississippi River at Baton Rouge, La., and in answer to your letter asking as to what progress had been made since the last extension, I wish to say that I have a letter from the city attorney of Baton Rouge, La., from which I am pleased to quote as follows: "The plans for the construction of the bridge across the Mississippi River at Baton Rouge, La., have gone steadily forward and the application of the Missouri Pacific-Louisiana & Arkansas Railroads to build such a bridge, in connection with certain traffic arrangements between those railroads, will be heard at Baton Rouge, La., by Examiner Williams of the Interstate Commerce Commission commencing January 26. This hearing will have a direct bearing on the early work to be done on the bridge in accordance with the act of Congress approved February 20, 1928, and January 25, 1929, and June 10, 1930, and I sincerely trust that you will have no trouble in persuading the committee that your bill No. 16246, extending the time further, should be adopted." Kind regards. Sincerely, Hon. JAMES S. PARKER, BOLIVAR E. KEMP. HOUSE OF REPRESENTATIVES, Washington, D. C., January 30, 1931. Chairman Interstate and Foreign Commerce Committee, House of Representatives, Washington, D. C. DEAR MR. PARKER: In further answer to your letter inquiring as to what progress has been made in regard to the construction of a bridge across the Mississippi River at Baton Rouge, La., authorization for which is contained in act of Congress approved February 20, 1928, I beg to submit herewith newspaper clipping showing that a hearing is now being held in the city of Baton Rouge by the Interstate Commerce Commission, upon application of the Missouri Pacific Railroad for a permit to construct a bridge across the river at that point. The indications are that this permit will be granted and that a combination railroad and highway bridge will be authorized in obedience to the Missouri Pacific and Lousiana & Arkansas Railroad companies' petition. I wish to assure the committee that everything now points to early construction of a combination bridge at Baton Rouge and I trust that the bill for further extension of time will be favorably reported. Sincerely yours, BRIDGE ACROSS MISSOURI RIVER AT OR NEAR NIOBRARA, NEBR. FEBRUARY 5, 1931.-Referred to the House Calendar and ordered to be printed Mr. MILLIGAN, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 16254] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 16254) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebr., having considered the same, report thereon with a recommendation that it pass. The bill has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, January 24, 1931. 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. 16254, 71st Cong., 3d sess.), to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebr. PATRICK J. HURLEY, Secretary of War. 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. 16254) transmitted with your letter of January 17 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 May 22, 1931, the times for commencing and completing the bridge across the Missouri River, at or near Niobrara, Nebr., authorized by act of Congress approved May 22, 1928, to be built by H. A. Rinder, his heirs, legal representatives, and assigns. Extensions of the times for commencing and completing the construction of this HR-71-3-VOL 1-79 |