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BRIDGE ACROSS MISSOURI RIVER AT BROWNVILLE,

NEBR.

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

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

merce, submitted the following

REPORT

(To accompany H. R. 8142]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8142), to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Brownville, Nebr., having considered the same, report thereon with amendments and as so amended recommend that it pass.

Amend the bill as follows:

Line 8, strike out the words “the date of approval thereof” and insert the words “February 26, 1930,” in lieu thereof.

After line 8 add the following as a new section:
Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.

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.

The act of Congress approved February 26, 1929, referred to in the bill, is as follows:

(PUBLIC_No. 814—70TH CONGRESS)

(S. 4861) AN ACT Authorizing the Brownville Bridge Company, its successors and assigns, to construct, maintain,

and operate a bridge across the Missouri River at or near Brownville, 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, the Brownville Bridge Company, its successors and assigns, be, and is 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 Brownville, Nebraska, in accordance with the provisions of the act entitled "An act to regulate the construction of bridges over navigable waters,” approved

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March 23, 1906, and subject to the conditions and limitations contained in this act.

Sec. 2. There is hereby conferred upon the Brownville Bridge Company, its successors 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 Brownville Bridge Company, its successors and assigns, is 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 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 five 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 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 Brownville Bridge 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 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 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 Brownville Bridge 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 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 the Brownville Bridge 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 forecolsure 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. 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. 9. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 26, 1929.

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

HOUSE OF REPRESENTATIVES,

Washington, D. C., January 11, 1930. Hon. JAMES S. PARKER, Chairman Interstate and Foreign Commerce Committee,

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 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 construction 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 franchise, but their whole purpose is for the convenience and benefit of the public. The country on both sides of the river is 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,

I
Yours very truly,

John H. MOREHEAD.

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. 8142, Seventy-first Congress, second session, to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Brownville, Nebr., if amended as indicated in red thereon.

PATRICK J. HURLEY,

Secretary of War. HR-71--2-vor. 2- -3

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. 8142, 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 Brownville, Nebr., authorized by act of Congress approved February 26, 1929, to be built by the Brownville Bridge Co. When the original bill to authorize the construction of this bridge was pending, this department, on request of your committee, made an adverse report thereon. It still is the view of the department that a private toll bridge should not be constructed at the point proposed, and that the proposed extension of time which the pending bill would make should not be granted. Sincerely,

R. W. DUNLAP, Acting Secretary.

BRIDGE ACROSS BLACK RIVER AT POCAHONTAS, ARK.

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

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

merce, submitted the following

REPORT

[To accompany H. R. 8143]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8143) granting the consent of Congress to the Arkansas State Highway Commission to construct, maintain, and operate a free highway bridge across the Black River at or near Pocahontas, having considered the same, report thereon with amendments and as so amended recommend that it pass.

Amend the bill as follows: Line 7, after the word “Pocahontas,” insert the word “Arkansas,' Amend the title so as to read: A bill granting the consent of Congress to the Arkansas State Highway Com. mission to construct, maintain, and operate a free highway bridge across the Black River at or near Pocahontas, Arkansas.

The bill as amended has the approval of the War and Agriculture Departments, as will appear by the letters attached and which are 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. 8143, Seventy-first Congress, second session, granting the consent of Congress to the Arkansas State Highway Commission to construct a free highway bridge across the Black River at or near Pocahontas, Ark. Minor changes in the bill have been indicated in red thereon.

PATRICK J. HURLEY,

Secretary of War.

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