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. The Kansas City Southern Railway 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 department of the State of Missouri 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 the State of Missouri 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 the Kansas City Southern Railway 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 3 of this act, subject only to review in a court of equity for fraud or gross mistake.

SEC. 7. The Kansas City Southern Railway Company, its successors 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 the Kansas City Southern Railway Company, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of 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 purposes, the terms, conditions, and rates of toll for such use; but in the absence of such contract, the terms, 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 Kansas City Southern Railway 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. 9. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, May 24, 1928.

[PUBLIC-No. 882-70TH CONGRESS]

[H. R. 16026]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri

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 May 24, 1928, to be built by the Kansas City Southern Railway Company across the Missouri River at or near a point approximately one mile southeast of Randolph, Missouri, are hereby extended one and three years, respectively, from May 24, 1929.

SEC. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, March 1, 1929.

[PUBLIC NO. 220-71ST CONGRESS]

[H. R. 8562]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri

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 across the Missouri River, at or near Randolph, Missouri, authorized to be built by the Kansas City Southern Railway Company, its successors and assigns, by the act of Congress approved May 24, 1928, which times for commencing and completing the construction of the said bridge were extended one and three years, respectively, from May 24, 1929, by an act approved March 1, 1929, are hereby further extended one and three years, respectively, from May 24, 1930.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, May 14, 1930.

[PUBLIC NO. 609-71ST CONGRESS]
[S. 5360]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Missouri

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 across the Missouri River at or near Randolph, Missouri, authorized to be built by the Kansas City Southern Railway Company, its successors and assigns, by the act of Congress approved May 24, 1928, heretofore extended by acts of Congress approved March 1, 1929, and May 14, 1930, are hereby further extended one and three years, respectively, from May 24, 1931.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 6, 1931.

WAR DEPARTMENT, January 25, 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. 8072, Seventy-second Congress, first session, to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo.

PATRICK J. HURLEY, Secretary of War.

Hon. SAM RAYBURN,

DEPARTMENT OF AGRICULTURE,
Washington, January 28, 1932.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. RAYBURN: Careful consideration has been given to the bill, H. R. 8072, transmitted with your letter of January 21 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 there years, respectively, from May 24, 1932, the times for commencing and completing the construction of the bridge across the Missouri River at or near Randolph, Mo., authorized by act of Congress approved May 24, 1928, to be built by the Kansas City Southern Railway Co., it successors and assigns. The times for commencing and completing the construction of this bridge have been extended already by acts approved March 1, 1929, May 14, 1930, and February 6, 1931. The act authorizing the construction of this bridge provides that it may be constructed, maintained, and operated as a railroad bridge or as a highway bridge, or as a combined highway and railroad bridge. It would be operated as a toll bridge if constructed as a highway bridge or as a combined highway and railroad bridge.

It is the view of the department that a private highway toll bridge should not be constructed at this point. It therefore recommends against enactment of the pending bill unless the authorization is revised to eliminate the portion thereof relating to the construction of a highway bridge or a combined highway and railroad bridge.

Sincerely yours,

C. F. MARVIN, Acting Secretary

O

TO AMEND THE SIXTH EXCEPTION IN SECTION 3 OF THE IMMIGRATION ACT OF 1924 WITH REFERENCE TO NONIMMIGRANT STATUS OF CERTAIN ALIENS

FEBRUARY 12, 1932.-Referred to the House Calendar and ordered to be printed

Mr. DICKSTEIN, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 8766]

The Committee on Immigration and Naturalization, to which was referred the bill (H. R. 8766) to amend the sixth exception in section 3 of the immigration act of 1924 with reference to nonimmigrant status. of certain aliens, having had the same under consideration, reports it back to the House, without amendment, and recommends that the bill do pass.

Under the present law one of the classes of aliens stated in section 3 of the immigration act of 1924 to be excepted from aliens who are defined in the section to be "immigrants" is "(6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation." Under the regulations issued by authority of section 24 of the act to carry out the provisions of the act, the provisions of section 3 (6) have been interpreted to accord nonimmigrant status to an alien coming to the United States solely to carry on trade of an international character between the United States and the foreign state from which he comes under and in pursuance of the provisions of a treaty of commerce and navigation in existence at the time of the passage of the immigration act of 1924. The provisions of the section referred to have also been interpreted to be applicable to the wives and minor children of treaty aliens, in line with the holding of the Supreme Court of the United States in Cheung Sum Shee v. Nagle (268 U. S. 336).

The proposed amendment to section 3 (6) of the immigration act of 1924 is recommended in order to effect the following purposes believed to be highly desirable.

(1) To clarify the wording of the section in order to make clear the intent of the Congress that the provisions of the section should

relate only to treaty aliens coming to the United States to engage in trade of an international character between the territory stipulated in the treaty and the United States, and not for the purpose of engaging in purely local trade. Court decisions have indicated the necessity of clarifying the wording of the section of the act referred to in order to make clear the intent of Congress as set forth above when it passed the immigration act of 1924.

(2) To extend the privilege conferred by the section to aliens coming within the provisions of treaties of commerce and navigation which have been concluded subsequent to the passage of the immigration act of 1924 or which may hereafter be concluded in order not to restrict the privileges conferred by section 3 (6) of the act of 1924 to countries with which treaties had been concluded prior to the passage of the act, and in order to remove difficulties in negotiating commercial treaties with foreign countries caused by the retention. in the law of a provision which prevents the extension to such countires of a privilege which has been extended to other countries. It is believed that all nations should be treated equally in this respect.

A proviso has been added that no greater rights of entry shall be conferred upon aliens entering the United States under a treaty of commerce and navigation to be concluded in the future than are conferred under treaties which have been concluded since July 1, 1924. Treaties brought into force since the date mentioned grant rights of entry to the United States for the purposes of trade but subject such rights of entry to the immigration laws of the United States. The present wording of section 3 (6) of the act prevents the effective granting of rights of entry for purposes of trade to countries with. which treaties have come into force since July 1, 1924. The proposed amendment of the section will grant to such countries rights of entry for international trade. The purpose of the proviso is to record the view that aliens should not in future be granted treaty rights of entry for trade purposes greater than those conferred under treaties of commerce and navigation concluded since July 1, 1924.

(3) To extend the application of the section to the wives and minor children of treaty aliens within the limits imposed by the definition of the terms "wife" and "child" contained in section 28 of the act of 1924. Under the definitions referred to the term "wife" does not include a wife by reason of a proxy or picture marriage, and the term "child" does not include a child by adoption unless the adoption took place before January 1, 1924. The omission of the words "wife" and "child" in section 3 (6) of the act as at present worded permits the entry of wives and children not coming within the limiting definitions of section 28 of the act and opens the way to possible fraud.

In brief the proposed amendment is aimed to tighten the immigration laws and to make it possible to extend to all nations the privilege of entry for purposes of international trade now granted to 27 countries.

In compliance with paragraph 2 A of Rule XIII of the Rules of the House of Representatives, changes in the existing law made by the bill, as amended, are shown as follows: Existing law in which no change is proposed is shown in roman; new matter is printed in italics; omitted matter is inclosed in black brackets.