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BRIDGE ACROSS OHIO RIVER AT MOUND CITY, ILL.

FEBRUARY 10, 1932.—Referred to the House Calendar and ordered to be printed

Mr. Igoe, from the Committee on Interstate and Foreign Commerce,

submitted the following

REPORT

(To accompany H. R. 8247]

)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8247) to extend the times for commencing and completing the construction of a bridge across the Ohio River at Mound City, Ill., having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

Page 1, line 7, after the figures "1928,” strike out the word "and" and insert the word “heretofore” in lieu thereof; after the word "extended” strike out the words “for one year”; after the word “by” strike out the words “the act” and insert the word “acts” in lieu thereof. Line 8, after the figures "1929," strike out the words "and again extended by". Line 9, strike out the words "the act of

. Congress approved"; after the figures "1930," strike out the words "and again ex-”.

Page 2, line 1, strike out the words "tended by the act of Congress approved” and insert the word "and" in lieu thereof. Line 3, after the word "March" strike out the figure "2" and insert the figures "16" in lieu thereof.

The bill has the approval of the War Department, as will appear by the letter attached.

Hon. W. V. Gregory, who introduced this bill, has submitted the following information with reference thereto:

HOUSE OF REPRESENTATIVES,

Washington, D. C., February 8, 1932. Hon. Sam RAYBURN, Chairman Interstate and Foreign Commerce,

Washington, D. C. DEAR Sir: This is a bill to extend the times for commencing and completing the construction of a bridge across the Ohio River at Mounds City, III., heretofore authorized to be built by B. L. Hendrix, G. C. Trammel, and C. S. Miller.

The three gentlemen above named reside at Mounds City, Ill. Mr. G. C. Trammel is president of the Commercial Club, Mr. Hendrix being a former

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mayor of that city, and Mr. Miller being the present county judge of that county. They are not promoters, but represent the people of southern Illinois, and people in my own congressional district in Kentucky who are interested in the construction of this bridge.

Shortly after the original bill was passed, the citizens of the two States thought they had financial arrangements made for the construction of the bridge, but before the War Department approved the plans for the bridge the financial situation became such that these people were unable to finance the building of the bridge.

About that time the State of Kentucky passed a law permitting the State highway commission to finance bridges of this character. These gentlemen then agreed to assign their permit without cost to the State of Kentucky. Preliminary surveys have been made for the bridge by the Kentucky Highway Commission, and it is hoped that the State of Kentucky will desire to construct this bridge. The purpose of this bill is to give the State of Kentucky a further opportunity to complete surveys and to determine on the advisability of building the bridge. It is believed that if the State of Kentucky should undertake the building of the bridge, the passage of this bill would facilitate the matter. It is felt that the delay of securing the approval of plans by the War Department caused the miscarriage of the original intention to build the bridge, and it is hoped that the passage of H. R. 8247 will eliminate the chances of a similar delay. Sincerely yours,

W. V. GREGORY. The acts of Congress referred to in the bill are as follows:

(PUBLIC— No. 174–70TH CONGRESS]

(H. R. 66] AN ACT Authorizing B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Mound City, 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, B. L. Hendrix, G. Č. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, be and hereby are authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River at a point suitable to the interests of navigation between the city of Mound City, Illinois, and a point opposite in the State of Kentucky, 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 B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, 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 B. L. Hendrix, G. c. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, are 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 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 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 B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, 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 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 B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, and assigns, shall make available all of their records in connection with the construction, financing, and promotion thereof. The find. ings 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 B. L. Hendrix, G. C. Trammel, and C. S. Miller, their heirs, legal representatives, 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 16, 1928.

(PUBLIC-No. 989-70th CONGRESS)

[H, R. 16640) AN ACT To extend the times for commencing and completing the construction of a bridge across the

Ohio River at or near Mound City, 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 Riverat or near Mound City, Illinois, authorized to be built by B. L. Hendrix, G. C. Trammel, and C. S. Miller, by the act of Congress approved March 16, 1928, are hereby extended one and three years, respectively, from March 16, 1929.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929.

[PUBLIC—No. 262—71st CONGRESS)

(B. R. 7962

AN ACT To extend the times for commencing and completing the construction of a bridge across the

Ohio River at Mound City, Dlinois

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 co npleting the construction of the bridge across the Ohio River at or near Mound City, Illinois, authorized to be built by B. L. Hendrix, G. C. Trammel, and C. S. Miller, by the act of Congress approved March 16, 1928, and extended for one year by the act of Congress approved March 2, 1929, are hereby 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.

(PUBLIC—No. 696—71st CONGRESS)

(S. 5887) AN ACT To extend the times for commencing and completing the construction of a bridge across tho

Ohio River at Mound City, 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 Mound City, Illinois, authorized to be built by B. L. Hendrix, G. C. Trammel, and C. Š. Miller by the act of Congress approved March 16, 1928, and extended for one year by the act of Congress approved March 2, 1929, and again extended one year by the act of Congress approved May 26, 1930, are hereby further extended one and three years, respectively, from March 2, 1931.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, February 20, 1931.

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WAR DEPARTMENT, January 28, 1932. 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. 8247, Seventy-second Congress, first session, to extend the times for commen:ing and completing the construction of a bridge across the Ohio River at Mound City, Ill.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, January 28, 1932. Hon. Sam RAYBURN, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. RAYBURN: Careful consideration has been given to the bill, H. R. 8247, transmitted with your letter of January 23 with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill proposes to extend for one and three years, respectively, from March 2, 1932, the times for commencing and completing the construction of a bridge across the Ohio River at or near Mound City, Ill., authorized by act of Congress approved March 16, 1928, to be built by B. L. Hendrix, G. Č. Trammel, and C. S. Miller. Extensions of time for the commencement and completion of the construction of this bridge have been granted heretofore by acts of Congress

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