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2, 1931, withdrew previous objections made to your committee in reporting on H. R. 14452, then pending to provide for extending the times for commencing and completing the construction of the bridge, respectively, from March 4, 1931

. For the same reasons, the pending bill to extend the times for commencing and completing the bridge is without objection. Sincerely,

R. W. DUNLAP, Acing Secretary.

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BRIDGE ACROSS THE MISSISSIPPI RIVER AT OR NEAR

TENTH STREET IN BETTENDORF, IOWA

FEBRUARY 25, 1932.—Referred to the House Calendar and ordered to be printed

Mr. Robinson, from the Committee on Interstate and Foreign Com

merce, submitted the following

REPORT

(To accompany H. R. 9066)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9066) to extend the times for commencing and completing the construction of a bridge across the Mississippi River at or near Tenth Street in Bettendorf, Iowa, having considered and amended the same, report thereon with a recommendation that

it pass.

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Amend the bill as follows:

Page 2, line 2, strike out the words "an act" and insert the word “acts” in lieu thereof. After the word "approved "insert “March 2, 1929, and". Line 4, after the word “hereof” change the comma to a period and strike out the remainder of the line. Strike out all of lines 5, 6, 7, 8, 9, and 10.

Hon. B. M. Jacobsen, who introduced this bill, has submitted the following information with reference thereto:

CONGRESS OF THE UNITED STATES,

House of REPRESENTATIVES,

Washington, D. C., February 24, 1932. COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House Office Building, Washington, D. C. (Attention of Hon. Sam Rayburn, chairman.) MY DEAR MR. CHAIRMAN: I am informed by letter under date of February 10, that your committee desires additional information with reference to H. R. 9066. I beg leave to submit the following:

Considerable engineering has already been done, this included location of terminals, location of piers, length and number of spans, and the determination of other data as required by the Board of Army Engineers.

The city of Davenport by special election voted a municipal revenue bond issue for the purpose of financing this project and making it a municipal bridge. The individuals to whom this franchise was originally granted have entered into an agreement with the city of Davenport to the above effect.

Arrangements have been made with a banking house to finance this proposition. Arrangements have also been made with the engineering firm of Modjiski, Masters & Chase to engineer and build the bridge. Hearings have been held before the Board of Army Engineers and all requirements have been met.

The mayor of Davenport, George C. Tank, wrote me under date of January 28 and, among other things, stated that the people of Davenport voted for this

bridge last summer at a special election and it was carried by a vote of 3 to 1. He states further that they are very anxious to have this extension of time granted.

The people of the tri-cities, namely, Davenport, Iowa; Rock Island, Ill.; and Moline, Ill., are now suffering from the terrific congestion on the present Government bridge.

If your committee desires further information, I will be glad to supply it.
Your early consideration of this matter will be greatly appreciated.
Sincerely yours,

B. M. JACOBSEN,

Member of Congress, Second District of Iowa. The acts of Congress referred to in the bill are as follows:

(PUBLIC—No. 533—70TH CONGRESS)

(H. R. 12235) AN ACT Authorizing B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Mlinois; J. W. Bet.

tendorf, A, J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River, at or near Tenth Street in Bettendorf, State of Iowa

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. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, and assigns, be, and they are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Tenth Street in Bettendorf, State of Iowa, 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. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A. Í. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, 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. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A.'J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, 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 Iowa, 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 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 he 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 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 B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, 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 Iowa, 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. F. Peek, G. A. Shallberg,' and C. I. Josephson, of Moline, Illinois; and J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, 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 B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, I.; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, 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 forclosure 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, May 26, 1928.

(PUBLIC_No. 960—7014 CONGRESS)

(8. 5844) AN ACT To extend the times for commencing and completing the construction of a bridge across the

Mississippi River at or near Tenth Street in Bettendorf, State of Iowa 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 Mississippi River at or near Tenth Street in Bettendorf, State of Iowa, authorized to be built by B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, and assigns, by the act of Congress approved May 26, 1928, are hereby extended one and three years, respectively, from May 26, 1929.

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

HR-72-1-VOL 171

[PUBLIC—No. 333—71st CONGRESS)

(H. R. 11282) AN ACT To extend the times for commencing and completing the construction of a bridge across the

Mississippi River at or near Tenth Street in Bettendorf, State of Iowa 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 Mississippi River at or near Tenth Street in Bettendorf, State of Iowa, authorized to be built by B. F. Peek, G. A. Shallberg, and C. I. Josephson, of Moline, Illinois; J. W. Bettendorf, A. J. Russell, and J. L. Hecht, of Bettendorf and Davenport, Iowa, their heirs, legal representatives, and assigns, by the act of Congress approved May 26, 1928, heretofore extended by the act of Congress approved March 2, 1929, are hereby further extended one and three years, respectively, from May 26, 1930.

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

Approved, June 10, 1930.

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

WAR DEPARTMENT, February 15, 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. 9066, 72d Cong., 1st sess.) to extend the times for commencing and completing the construction of a bridge across the Mississippi River at or near Tenth Street in Bettendorf, Iowa, if amended as indicated in red thereon.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, February 19, 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. 9066, transmitted with your letter of February 10 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 a bridge across the Mississippi River at or near Tenth Street in Bettendorf, Iowa, authorized by act of Congress approved May 26, 1928, to be built by B. F. Peek, G. A. Shallberg, C. I. Josephson, J. W. Bettendorf, A. J. Russell, and J. L. Hecht, their heirs, legal representatives, and assigns. This would be a private toll bridge which would serve as a cross-connection between two routes on the system of Federal-aid highways, which parallel the river on both sides in the States of Iowa and Illinois.

Extensions of the times for commencing and completing the construction of this bridge already have been granted by two acts, one approved March 2, 1929 (45 Stat. 1512), and the other approved June 10, 1930 (46 Stat. 552). Almost four years have elapsed since the original authorization was granted, and apparently the beneficiaries of the original grant have been unable to arrange for the financing of the proposed bridge. It, therefore, is not believed that they are entitled to any further extension of time. Furthermore, it is the view of the department that a private toll bridge should not be constructed at this point. In view of the foregoing, I recommend against enactment of the pending bill. Sincerely yours,

R. W. DUNLAP, Acting Secretary. O

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