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Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULture,
Washington, D. C., April 18, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 11591, transmitted with your letter of April 12 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill proposes an amendment of section 1 of the act of June 4, 1872, which authorized the Nebraska City Bridge Co. to build a railroad bridge across the Missouri River in the vicinity of Nebraska City, Nebr., such amendment to be effective upon the construction and opening for highway use of a bridge across the Missouri River at or near Nebraska City under the provisions of the act of April 23, 1928, which authorized the Interstate Bridge Co., its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at that point. The proposed amendment is without objection so far as the interests committed to this department are concerned.

Sincerely,

C. F. MARVIN, Acting Secretary.

Hon. John H. Morehead, who introduced the bill, has submitted the following nformation with respect thereto:

CHICAGO, BURLINGTON & QUINCY RAILROAD Co.,
Omaha, April 17, 1930.

Hon. JOHN H. MOREHEAD, Washington, D. C.
DEAR SIR: I note that you have introduced a bill amending act approved
June 4, 1872, authorizing the construction of a railroad bridge over the Missouri
River at Nebraska City. Your bill authorizes the Burlington Railroad, as
successor in ownership, to cease operation for vehicular traffic and collection of
tolls on that bridge when the Interstate Bridge Co. has constructed a vehicular
toll bridge at said city under act approved April 23, 1928.

This is to advise you that the Burlington Railroad, acceding to popular demand, is neither objecting to nor opposing your bill.

Yours truly,

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BYRON CLARK, Solicitor for Nebraska.

SENATE

71ST CONGRESS 2d Session

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REPORT No. 914

BRIDGE ACROSS MAHONING RIVER, CEDAR STREET, YOUNGSTOWN, OHIO

JUNE 9 (calendar day, JUNE 13), 1930.—Ordered to be printed

Mr. DALE, from the Committee on Commerce, submitted the following

REPORT

[To accompany H. R. 11700]

The Committee on Commerce, to whom was referred the bill (H. R. 11700) to extend the times for commencing and completing the construction of a bridge across the Mahoning River at or near Cedar Street, Youngstown, Ohio, 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. 1361, which is made a part of this report.

[House Report No. 1361, Seventy-first Congress, second session]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 11700) to extend the times for commencing and completing the construction of a bridge across the Mahoning River at or near Cedar Street, Youngstown, Ohio, having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

Line 5, after the word "Street", insert the words "Youngstown, Ohio". Line 8, after the word "from" strike out the words "date of approval thereof" and insert "February 13, 1929," in lieu thereof.

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

WAR DEPARTMENT, April 22, 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 accompanying bill, H. R. 11700, Seventy-first Congress, second session, to extend the times for com

mencing and completing the construction of a bridge across the Mahoning River at or near Cedar Street, Youngstown, Ohio, if amended as indicated in red thereon. F. TRUBEE DAVISON, Acting Secretary of War.

Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTURE,
Washington, D. C., April 29, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 11700, transmitted with your letter of April 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 the date of its approval, the times for commencing and completing the construction of the bridge across the Mahoning River, at or near Cedar Street, in the city of Youngstown, Ohio, authorized by act of Congress approved February 13, 1929, to be built by the commissioners of Mahoning County. Favorable action on the bill is recommended.

Sincerely.

R. W. DUNLAP, Acting Secretary.

The act of Congress approved February 13, 1929, referred to in the bill, is as follows:

[PUBLIC-No. 734-70TH CONGRESS]

[H. R. 14919]

AN ACT Granting the consent of Congress to the commissioners of Mahoning County, Ohio, to construct maintain, and operate a free highway bridge across the Mahoning River at or near Cedar Street, Youngstown, Mahoning County, Ohio

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and it is hereby, granted to the commissioners of Mahoning County, Ohio, to construct, maintain, and operate a free highway bridge, together with the necessary approaches thereto, across the Mahoning River, at a point suitable to the interests of navigation, at or near Cedar Street, Youngstown, Mahoning County, Ohio, in accordance with the provisions of an act entitled "An act to regulate the construction of bridges and other structures over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, February 13, 1929.

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71ST CONGRESS 2d Session

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SENATE

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REPORT No. 915

BRIDGE ACROSS THE ARKANSAS RIVER, OZARK, ARK.

JUNE 9 (calendar day, JUNE 13), 1930.-Ordered to be printed

Mr. DALE, from the Committee on Commerce, submitted the following

REPORT

[To accompany H. R. 11786]

The Committee on Commerce, to whom was referred the bill (H. R. 11786) to legalize a bridge across the Arkansas River at the town of Ozark, Franklin County, Ark., 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. 1367, which is made a part of this report.

[House Report No. 1367, Seventy-first Congress, second session]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 11786) granting the consent of Congress to the Arkansas State Highway Commission to construct, maintain, and operate a toll bridge across the Arkansas River, at a point suitable to the interests of navigation, at or near the town of Ozark, Franklin County, Ark., having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

SECTION 1: Strike out all after the enacting clause and insert the following in lieu thereof:

"That the bridge now being constructed across the Arkansas River at the town of Ozark, Franklin County, Arkansas, by the Arkansas State Highway Commission, if completed in accordance with plans accepted by the Chief of Engineers and the Secretary of War, as providing suitable facilities for navigation, shall be a lawful structure, and shall be subject to the conditions and limitations 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.'

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Page 2, after line 22, add the following as a new section:

"SEC. 3. The act of Congress approved April 7, 1930, entitled 'An act granting the consent of Congress to the Arkansas State Highway Commission to construct, maintain, and operate a free highway bridge across the Arkansas River at or near the city of Ozark, Franklin County, Arkansas,' is hereby repealed." Page 2, line 23, correct "Sec. 3." to read "Sec. 4."

SR-71-2-VOL 2-65

Amend the title so as to read:

"To legalize a bridge across the Arkansas River at the town of Ozark, Franklin County, Arkansas."

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

WAR DEPARTMENT, April 30, 1930.

Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

The accompanying bill, H. R. 11786, Seventy-first Congress, second session, proposes to authorize the building of a bridge across the Arkansas River at or near the town of Ozark, Franklin County, Ark., by the Arkansas State Highway Commission.

Under date of May 21, 1929, the Arkansas State Highway Commission made application to this department for approval of plans for the construction of the bridge referred to in the above-mentioned bill, but in view of the fact that such work was not authorized by Congress, as required by section 9 of the river and harbor act of March 3, 1899, the department was without authority to approve 'the plans thereof. However, since it was desired to construct the said bridge without delay, the Arkansas State Highway Commission was notified that no objection would be interposed by this department to the proposed construction in accordance with the plans submitted, but that an act of Congress should be obtained to legalize the structure. Accordingly, the bill has been amended to harmonize with the facts cited above, and as thus amended I know of no objection to its favorable consideration.

Attention is invited to Public No. 91, approved April 7, 1930, entitled "An act granting the consent of Congress to the Arkansas State Highway Commission to construct, maintain, and operate a free highway bridge across the Arkansas River at or near the city of Ozark, Franklin County, Ark." As it is evident that it is not the intention of the highway commission to proceed under the provisions of this act, it is believed that, for the simplification of record, it should be repealed. A section has been included in the accompanying bill to this effect. F. TRUBEE DAVISON, Acting Secretary of War.

Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTURE,
Washington, D. C., April 29, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 11786, transmitted with your letter of April 22 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would authorize the State Highway Commission of Arkansas to construct, maintain, and operate a bridge and approaches thereto across the Arkansas River, at or near the town of Ozark, Franklin County, State of Arkansas. The State also will be authorized to charge tolls for transit over the bridge, the rates of toll to be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge, and to provide a sinking fund sufficient to amortize the financing cost within a period not to exceed 20 years from the date of completion. Thereafter the bridge would be maintained and operated free of tolls or the rates of toll would have to be so adjusted as to provide only for the proper maintenance, repair, and operation of the bridge and its approaches. The location indicated for the proposed bridge is not directly on the system of Federal-aid highways approved for Arkansas but would constitute a lateral connection therewith. Favorable action on the bill is recommended.

Sincerely,

O

R. W. DUNLAP, Acting Secretary.

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