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The acts of Congress referred to in the bill are as follows:

(PUBLIC_No. 82970TH CONGRESS)

(H. R. 16920) AN ACT Authorizing E. T. Franks, his heirs, legal representatives, and assigns to construct, maintain,

and operate a bridge across the Ohio River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to promote interstate commerce, improve the Postal Service, and provide for military and other purposes, E. T. Franks, his heirs, legal representatives, 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, approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana, 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. E. T. Franks, his heirs, legal representatives, and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles adapted to travel on public highways, or as a combined railroad and highway bridge for all such purposes; and there is hereby conferred upon the said E. T. Franks, his 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. After the completion of such bridge as determined by the Secretary of War, if the same is constructed as a highway bridge only, either the State of Kentucky, the State of Indiana, 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, in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation or expropriation. If at any tine 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 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 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 States or public agencies or political subdivisions thereof or by either of them, as provided in section 3 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 arquiring 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. E. T. Franks, his 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 Kentucky and Indiana 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 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 E. T. Franks, his heirs, legal representatives, and assigns, shall make available all 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 3 of this act, subject only to review in a court of equity for fraud or gross mistake.

Sec. 7. Ė. T. Franks, his heirs, legal representatives, 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 E. T. Franks, his heirs, legal representatives, and assigns, is hereby authorized to fix by contract with any person or corporation desiring to use 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 purpose, the terms, conditions, and rates of toll for such use; but, in the absence of such contract, the terms and 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 said E. T. Franks, his 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. 9. 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. 10. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, February 26, 1929.

(PUBLIC— No. 63–71st CONGRESS)

(S. 3297) AN ACT To extend the times for commencing and completing the construction of a bridge across the

Ohio River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana

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 approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana, authorized to be built by E. T. Franks, his heirs, legal representatives, and assigns, by an Act of Congress approved February 26, 1929, are hereby extended one and three years, respectively, from February 26, 1936.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 3, 1930.

(PUBLIC—No. 698—71st CONGRESS)

(S. 5952) AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohlo

River approximately midway between the cities of Owensboro, Kentucky, and Rockport, Indiana

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 approximately midway between the cities_of_Owensboro, Kentucky, and Rockport, Indiana, authorized to be built by E. T. Franks, his heirs, legal representatives, and assigns, by an act of Congress approved February 26, 1929, heretofore extended by act of Congress approved March 3, 1930, are hereby further extended one and three years, respectively, from February 26, 1931.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 20, 1931,

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BRIDGE ACROSS INLAND WATERWAY FROM NORFOLK,

VA., TO BEAUFORT INLET, N. C.

FEBRUARY 11, 1932.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. MANSFIELD, from the Committee on Rivers and Harbors,

submitted the following

REPORT

(To accompany H. R. 6184)

The Committee on Rivers and Harbors, to whom was referred the (H. R. 6184) for the improvement of the inland waterway from Norfolk, Va., to Beaufort Inlet, N. C., having considered the same, report thereon recommending that the bill do pass.

In the construction of this waterway several land cuts were made, one of which, between the Alligator and Pungo Rivers, cuts through a road (State Highway 94) at a point near Fairfield, in Hyde County, N. C. This road is a public highway over which the mails have been carried for over 100 years from Swan Quarter, the county seat of Hyde County, through Fairfield to Columbia, the county seat of Tyrrell County. The North Carolina State Highway Commission has been improving this road with a view to making it a dependable all-weather road. Construction work has been done on both ends of the road and the connecting link will be completed as soon as this bridge is provided. The cut through this highway was completed about six years ago, since which time the War Department has been operating a ferry across the waterway at this point at the Government's expense. The distance between Swan Quarter and Columbia in an air line is 35 miles. The only present satisfactory all-weather route between the two places is 136 miles. Your committee believes that the United States, in equity, should provide a bridge at this point, and it so recommends.

The matter has been reported on favorably by the Board of Engineers and the Chief of Engineers. The recommendation of the Chief of Engineers is as follows:

After due consideration of these reports, I concur in the recommendation of the board, and recommend that the construction, operation, and maintenance by the Federal Government of a suitable bridge be authorized at the point where

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