BRIDGE ACROSS KANAWHA RIVER BETWEEN HENDERSON AND POINT PLEASANT, W. VA. MAY 29, 1930.-Ordered to be printed Mr. DALE, from the Committee on Commerce, submitted the following REPORT [To accompany H. R. 9439] The Committee on Commerce, to whom was referred the bill (H. R. 9439) to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va., having considered the same, report favorably thereon and recommend that the bill do pass without amendment. The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House Report No. 679, which is made a part of this report. (House Report No. 679, Seventy-first Congress, Second Session) The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9439) to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va., having considered the same, report thereon with an amendment, and as so amended, recommend that it pass. Amend the bill as follows: "Line 9, after the word 'approved' insert the words March 2, 1927, heretofore extended by acts of Congress approved March 14, 1928, and'." The acts of Congress referred to in the bill are as follows: [PUBLIC-No. 675-69тH CONGRESS] [H. R. 16116] AN ACT Granting the consent of Congress to the Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near the town of Henderson, West Virginia, to a point opposite thereto in or near the city of Point Pleasant, West Virginia 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 Henderson Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Kanawha River at a point suitable to the interests of navigation between a point in or near the town of Henderson, West Virginia, and a point opposite thereto in or near the city of Point Pleasant, Mason County, West Virginia, 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. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, 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 interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State 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 the same is 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 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 interest in real property, and (4) actual expenditures for necessary improvements. SEC. 3. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of West Virginia, under the provisions of section 2 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 cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches 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 to amortize the cost of acquiring the bridge and its approaches shall have been 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 care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested. SEC. 4. The Henderson Bridge Company, its successors and assigns, shall, within ninety days 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 and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost. Secretary of War may at any time within three years after the completion of such The bridge investigate the actual cost of constructing the same, and for such purpose the said Henderson Bridge Company, its successors and assigns, shall make available all of its records in connection with the financing and the construction thereof. The findings of the Secretary of War, as to the actual original cost of the bridge, shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to Henderson 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. 6. The right to alter, amend, or repeal this act is hereby expressly reserved. PUBLIC-No. 171-70TH CONGRESS! H. R. 9843) AN ACT To extend the times for commencing and completing the construction of a bridge across the Kanawha River in or near Henderson, West Virginia, to a point opposite thereto in or near Point Pleas ant, West Virginia 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 authorized by the act of Congress approved March 2, 1927, to be built across the Kanawha River in or near Henderson, West Virginia, to a point opposite thereto in or near Point Pleasant, West Virginia, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 14, 1928. [PUBLIC-No. 978-70TH CONGRESS (H. R. 16431] AN ACT To extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, West Virginia 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 Kanawha River between a point in or near the town of Henderson, West Virginia, and a point opposite thereto in or near the city of Point Pleasant, Mason County, West Virginia, authorized to be built by Henderson Bridge Company, its successors and assigns, by the act of Congress approved March 2, 1927, extended by act of Congress approved March 14, 1928, are hereby further extended one and three years, respectively, from March 2, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929. The Hon. James A. Hughes, who introduced this bill, has submitted the following information with respect thereto: Hon. JAMES S. PARKER, HOUSE OF REPRESENTATIVES, COMMITTEE ON MILITARY AFFAIRS, Washington, D. C., February 5, 1930. Chairman Committee on Interstate and Foreign Commerce. MY DEAR MR. PARKER: I am inclosing you herewith H. R. 9439, which is an act to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va. The Legislature of West Virginia at the 1929 session created the State bridge commission and authorized it to acquire or construct vehicular bridges over streams either wholly within the State of West Virginia or over similar streams bordering the State. The purpose of this act is to defray the cost of these structures through the collection of tolls until the total amount of such tolls shall defray the cost. Afterwards these bridges are to be turned over to the public, free of tolls. One of the first projects taken up by the State bridge commission is that of the construction of the Henderson-Point Pleasant bridge. On March 2, 1927, an act of Congress was passed authorizing the Henderson Bridge Co. to build this particular bridge, and this authorization was subsequently extended, during which time various rights of way were procured, engineering work done, and other preliminaries accomplished. Within the past few months the State Bridge Commission of West Virginia acquired all of the rights heretofore held by the Henderson Bridge Co. and active steps are now being taken to prosecute the construction of this bridge to an early conclusion. However, the authorization for this bridge, under which the State bridge commission is now proceeding, will expire on March 2, 1930, and for that reason it is now necessary to procure a further extension of the time for commencing actual construction, as well as an extension for the time of completion. The Henderson Bridge Co. has procured practically all the rights of way; all necessary core drilling has been done; the preliminary plans have been completed and filed with the War Department; ordinances have been passed by both the town of Henderson and the city of Point Pleasant giving the right to cross and occupy the necessary streets and alleys. The foregoing items represent a total cash expenditure in excess of $17,000. If there is any further information which you desire with reference to this project, please advise me Sincerely yours. J. A. HUGHES The bill as amended has the approval of the War and Agriculture Departments. as will appear by the letters attached and which are made a part of this report WAR DEPARTMENT, February 11, 1980. 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. 9439, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Kanawha River between Henderson and Point Pleasant, W. Va., if amended as indicated in red thereon. 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. 9439 transmitted with your letter of February 4 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, 1930, the times for commencing and completing the construction of a bridge across the Kanawha River between a point in or near the town of Henderson, W. Va., and a point opposite in or near the town of Point Pleasant, W. Va., authorized to be built by the Henderson Bridge Co. by act of Congress approved March 2, 1927, and heretofore extended by acts of Congress approved March 14, 1928, and March 2, 1929. The department understands that the Henderson Bridge Co. has acquired a!! right of way necessary for the location and construction of the bridge and also has done other work representing a total cash expenditure in excess of $17,000, and that the State Bridge Commission of West Virginia, which was created by the 1929 session of the West Virginia Legislature, has acquired all right, title, and interest of the Henderson Bridge Co. and proposes to take over and complete the construction of the bridge as a State bridge. Under the West Virginia law the State Bridge Commission is authorized to acquire or construct bridges and operate them as toll bridges until the proceeds of the tolls shall have amortized the cost after meeting necessary repair, maintenance, and operation costs. The extension of time proposed by the pending bill, therefore, is understood by the department to be for the benefit of the State of West Virginia. In view of this fact, the department recommends favorable action on the bill. Sincerely. R. W. DUNLAP, Acting Secretary. O 71ST CONGRESS 2d Session } SENATE { REPORT No. 763 AMENDING SECTION 2 (E) OF THE AIR COMMERCE ACT OF 1926 MAY 29, 1930.-Ordered to be printed Mr. HOWELL, from the Committee on Commerce, submitted the following REPORT [To accompany S. 3399] The Committee on Commerce, to whom was referred the bill (S. 3399) to amend section 2 (e) of the air commerce act of 1926, have considered the same and report thereon with amendments and as so amended recommend that the bill do pass. The amendments referred to therein have been incorporated in the bill as reported. Page 2, line 16, strike out the words "serious or fatal injury" and insert in lieu thereof the words "personal injury or death." Page 3, after line 22, add the following: SEC. 3. Whoever in case of an accident in interstate or foreign air commerce. resulting in personal injury or death, destroyes, mutilates, or removes from the scene of the accident any evidence of value with respect to the cause of the accident or the responsib.lity therefor, shall be fined not more than $5,000, or imprisoned for not more than three years, or both. The provisions of this section shall not apply (1) if the evidence is destroyed, mutilated, or removed by a duly authorized officer or employee of the United States, or for the purpose of preserving or protecting human life or mail matter, or with the consent of the Secretary of Commerce or an officer or employee of the Department of Commerce investigating the accident; or (2) if the Department of Commerce fails to investigate the accident within three days after having ascertained the scene thereof. O |