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This bill would authorize the State of Arkansas, through its highway department, to construct, maintain, and operate a bridge and approaches thereto across the St. Francis River at or near Lake City, Ark., on State highway No. 18. Section 2 of the bill provides that if tolls are charged for the use of the bridge they shall be so adjusted as to yield funds sufficient to meet maintenance, repair, and operation costs; interest on borrowed money required in the construction of the bridge and its approaches; and provide a sinking fund to retire the bonds issued and sold for raising funds with which to construct the ge. This section contains a provision also that no bonds issued in connection with the construction of the bridge and its approaches shall run for a longer term than 20 years, and that after a fund sufficient to retire such bonds is provided the bridge shall be maintained and operated without toll charges. The location indicated for the proposed bridge is on the system of Federal-aid highways approved for Arkansas. Favorable action on the bill is recommended. Sincerely,

R. W. DUNLAP, Acting Secretary.

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BRIDGE ACROSS MISSOURI RIVER NEAR RULO, NEBR.

JANUARY 24, 1930.-Referred to the House Calendar and ordered to be printed

Mr. MILLIGAN, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

[To accompany H. R. 8141)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8141) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Rulo, Nebr., having considered the same, report thereon with amendments, and, as so amended, recommend that

it pass.

Amend the bill as follows:

Line 8, after the word "approved" insert the words “March 29, 1928, heretofore extended by act of Congress approved”.

Line 9, before the word '"extended” insert the word “further”; strike out the words "the date of".

Line 10, strike out the words "approval thereof” and insert the words "March 29, 1930" in lieu thereof.

After line 10 add the following as a new section:
Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.
The acts of Congress referred to in the bill are as follows:

(PUBLIC— No. 222—70th CONGRESS)

(H. R. 10424) AN ACT Authorizing John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, all of Falls City, Nebraska, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Misouri River at or near Rulo, Nebraska.

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, John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, their heirs, legal representatives, and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Rulo, Nebraska, 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 conidtions and limitations contained in this act.

Sec. 2. That there is hereby conferred upon John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, 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. That the said John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, 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. That after the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of Missouri, 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 20 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 interest 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. That 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

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 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. That the said John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, their heirs, legal representatives, and assigns, shall within 90 days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Nebraska and 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 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 as 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 John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, their heirs, legal representatives, and assigns, shall make available all of the records in connection with the construction,

same.

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 John C. Mullen, T. L. Davies, John F. Hutchings, and Virgil Falloon, 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 29, 1928.

(PUBLIC— No. 974–70th CONGRESS)

(H. R. 16425] AN ACT To extend the times for commencing and completing the construction of a bridge across the

Missouri River at or near Rulo, Nebraska 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 Missouri River, at or near Rulo, Nebraska, authorized to be built by John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, all of Falls City, Nebraska, their heirs, legal representatives, and assigns, by act of Congress approved March 29, 1928, are hereby extended one and three years, respectively, from March 29, 1929.

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

The Hon. John H. Morehead, who introduced this bill, has submitted the following information with respect thereto:

HOUSE OF REPRESENTATIVES,

Washington, D. C., January 8, 1930. Hon. James S. PARKER, Chairman Interstate and Foreign Commerce Committee,

House Office Building, Washington, D. C. MY DEAR MR. PARKER: In regard to H. R. 8141 and H. R. 8142, bills for extending the time on the construction of bridges near Rulo, Nebr.,

and Brownville, Nebr., will state that the people on each side of the Missouri River are endeavoring to finance the building of these bridges.

They are not financially able to do the entire constructing but have some help from construction companies in the State of Nebraska. To date they have not completed the financing at either place but are greatly in hopes of getting them financed and started in the near future. No one is opposed to the constructions and all are very enthusiastic for the building of these bridges across the Missouri River as the present conditions necessitate traveling 100 or 130 miles in a trip that could be made not to exceed 40 miles.

There is no intention of selling or bartering the franchises, but their whole purpose is for the convenience and benefit of the public. The country on both sides of the river are very productive and thickly settled in both Rulo and Brownville.

Hoping these matters will have your early consideration and that these requests will be granted, I am, with best wishes, Yours very truly,

John H. MOREHEAD, M. C. The bill as amended 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, January 16, 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. 8141, 71st Cong., 2d sess.), to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Rulo, Nebr., if amended as indicated in red thereon,

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., January 16, 1930.
Hon. James S. PARKER,
Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.
DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 8141,
transmitted with your letter of January 8 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 Missouri River, at or near Rulo, Nebr., authorized to be built by John C. Mullen, T. L. Davies, John H. Hutchings, and Virgil Falloon, all of Falls City, Nebr., their heirs, legal representatives, and assigns. The bill refers to the parties named as having been authorized by Congress to construct this bridge by act approved March 2, 1929. The fact is that these parties were authorized by act approved March 29, 1928, to construct this bridge and that the times for commencing and completing its construction were extended by act approved March 2, 1929. The pending bill would grant a further extension of time within which the construction of the bridge might be commenced and completed. These parties certainly have had ample time within which to arrange for the commencement of the construction of the bridge if they were in position to do so. The department strongly urges that no further extension of time be granted. Sincerely,

R. W. DUNLAP, Acting Secretary.

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