In view of the financial conditions last fall it was impossible to finance the propo sition, but at this time the outlook is much improved and we have assurances that the money can be raised to complete this project. I have been in touch with Hon. Nelson C. Hubbard and he has sent me copies of his correspondence to you." I am also sending you a letter from Mr. L. L. Stidger, clerk city of Moundsville, W. Va., relative to this matter. Very truly yours, CARL G. BACHMANN. Hon. CARL G. BACHMANN, Washington, D. C. MOUNDSVILLE, W. VA., February 25, 1930. FRIEND BACHMANN: Because of unprecedented conditions by reasons of the collapse of the stock market last year, the council of the city of Moundsville are unanimously in favor of an extension of time to the Moundsville Bridge Co. in their efforts to finance the building of a bridge over the Ohio River at this point, and directed that I write you urging that you lend a hand in procuring an extension of time to said company. Very truly, L. L. STIDGER, Clerk. The act of Congress approved March 1, 1929, referred to in the bill, is as follows: [PUBLIC NO. 892-70TH CONGRESS] [S. 4778] AN ACT Authorizing the Moundsville Bridge Company to construct a bridge across the Ohio River at or near the city of Moundsville, West Virginia 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 Moundsville Bridge Company, 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 the city of Moundsville, 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. There is hereby conferred upon the Moundsville Bridge Company, 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 Moundsville Bridge Company, its successors and assigns, 18 hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll 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 West Virginia, the State of Ohio, any public agency or political subdivision of either of such States, 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 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 ten 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 (1) the actual cost of constructing such bridge and its ap I proaches, 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 interests in real property; and (4) actual expenditures for necessary improvements. SEC. 5. If such bridge shall at any time 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 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. 6. The said Moundsville 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 departments of the States of West Virginia and Ohio, 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 costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable cost of constructing, financing, and promoting such bridge. For the purpose of such investigation the said Moundsville 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 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 Moundsville 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. 8. All contracts made in connection with the construction of the bridge authorized by this act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway departments of the States in which such bridge is located. A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with. SEC. 9. The right to alter, amend, or repeal this act is hereby expressly reserved. The bill has the approval of the War Department, as will appear by the letter attached and which is made a part of this report. WAR DEPARTMENT, March 5, 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. 10248, Seventy-first Congress, second session, to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Moundsville, W. Va. 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. 10248, transmitted with your letter of February 26, 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 1, 1930, the times for commencing and completing the construction of the bridge across the Ohio River, at or near Moundsville, W. Va., authorized by act_of Congress approved March 1, 1929, to be built by the Moundsville Bridge Co. Routes on the system of Federal-aid highways approved for the States of Ohio and West Virginia parallel the river through the point indicated for the proposed bridge. An additional route on the West Virginia system of Federal-aid highways extends to Moundsville from easterly points in the State. Any bridge constructed at this point, therefore, would derive a very large share of its traffic from the system of Federal-aid highways, for which reason the department recommends against favorable action on the bill. Sincerely, O C. F. MARVIN, Acting Secretary. 71ST CONGRESS 2d Session SENATE { REPORT No. 642 BRIDGE ACROSS THE OHIO RIVER AT OR NEAR WELLSBURG, W. VA. MAY 8 (calendar day, MAY 9), 1930.-Ordered to be printed Mr. DALE, from the Committee on Commerce, submitted the following REPORT [To accompany H. R. 10651] The Committee on Commerce, to whom was referred the bill (H. R. 10651) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Wellsburg, 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 Department of War, as will appear by the annexed House of Representatives report No. 987, which is made a part of this report. [House Report No. 987, Seventy-first Congress, second session] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10651) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Wellsburg, W. Va., having considered the same, report thereon with amendments and as so amended recommend that it pass. Amend the bill as follows: Line 5, after the word "built" insert the following: "by the J. K. Mahone Bridge Company, its successors and assigns,"; after the word "Act" add "of Congress". Line 6, strike out the words "and extended" and insert in lieu thereof, "heretofore extended by an Act of Congress approved". Line 7, after the word "hereby" insert the word "further". Hon. Carl G. Bachmann, who introduced this bill, has submitted the following information with reference thereto: Mr. ELTON J. Layton, HOUSE OF REPRESENTATIVES, Clerk Committee on Interstate and Foreign Commerce, House Office Building. MY DEAR MR. LAYTON: In compliance with your letter of March 14, I am sending you herewith information as to what the parties authorized to build a bridge across the Ohio River at or near Wellsburg, W. Va., have done toward carrying out such authority. Very sincerely yours, CARL G. BACHMANN. Hon. CARL G. BACHMANN, Washington, D. C. WELLSBURG, W. Va., March 8, 1930. MY DEAR MR. BACHMANN: In compliance with the requests as contained in your letter of February 28, you will find inclosed herewith a resolution adopted at the regular meeting of the council of this city, held Tuesday evening of this week. You will notice it is signed by each member of council, which is evidence that the feeling was unanimously in favor of the bridge. There was no hesitation whatever on the part of any member, and it took about 15 minutes to have it put through. The council at Brilliant yesterday (Friday) did not take similar formal action for the reason that when the matter came before them the mayor of the town advised council that he had already received a communication from Congressman Murphy and that he had replied thereto, to the effect that the council and the town was unanimously in favor of the building of the bridge. You can verify this assertion by communicating with Congressman Murphy. Showing the progress made by the Mount Vernon Bridge Co., you will find inclosed herewith, a letter dated February 19 and addressed to Ed. E. Dennison, chairman bridge committee; also two blue prints which will make the location and elevations perfectly clear to your mind. For your information, the House bill already introduced by Congressman Morgan, of Newark, Ohio, is No. 10039. We believe that this fulfills every request for evidence that the people of the communities affected desire the building of this bridge. Also the information asked for in your letter. Kindly advise us as to the progress being made, and oblige. Very truly, THOS. J. REID. WELLSBURG, W. Va., March 4, 1930. Hon. CARL G. BACHMANN, House of Representatives, Washington, D. C. MY DEAR MR. BACHMANN: In compliance with your request of February 28, to Mr. T. J. Reid, for a resolution from the council of this city, favoring the extension of the franchise of the Mount Vernon Bridge Co., of Mount Vernon, Ohio, to build a bridge over the Ohio River at this city: "Now therefore, the council of this city of Wellsburg, County of Brooke, and State of West Virginia, met in regular session in the offices of the City Building, this Tuesday evening, March 4, 1930, all members being present, hereby unanimously approve and recommend the extension of the date of the expiration of the above-mentioned franchise for one year, and hereby solicit your cooperation in the House of Representatives of the Congress of the United States, now assembled." We will appreciate an acknowledgment of the receipt of this request and the assurance of your best efforts. G. C. Jeffries, President. H. BROZKOE. E. GOOD. VICTOR SMITH. The Hon. EDWARD E. DENISON, D. U. MONTGOMERY. MOUNT VERNON, OHIO, February 19, 1930. Member Committee on Interstate and Foreign Commerce. DEAR SIR: The Mount Vernon Bridge Co., of Mount Vernon, Ohio, in 1929 purchased a franchise from the J. K. Mahone Bridge Co., of Clarksburg, W. Va., who held this franchise under an act of Congress approved May 14, 1928, and extended by an act of Congress approved March 2, 1929, to construct a bridge over the Ohio River at Wellsburg, W. Va. The Mount Vernon Bridge Co. is proposing to construct this bridge. It has the approval of the War Department to construct this bridge according to the attached plan, and has made surveys on the ground and is at the present time working toward the completion of the plans for the bridge. Having purchased the franchise late in 1929, the Mount Vernon Bridge Co., finds that the engineering features and financial matters necessary to be com pleted for the construction of the proposed bridge have and are intervening to the extent that it is necessary to make a request for the extension provided in |