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Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTURE,
Washington, D. C., January 16, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 8143, 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 authorize the State Highway Commission of Arkansas to construct, maintain, and operate a free highway bridge and approaches thereto across the Black River at or near Pocahontas. The location indicated for the proposed bridge is on the system of Federal-aid highways approved for the State of Arkansas. Favorable action on the bill is recommended.

Sincerely,

O

R. W. DUNLAP, Acting Secretary.

2d Session

No. 507

BRIDGE ACROSS MISSOURI RIVER AT WASHINGTON, MO.

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. 8422]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8422) to extend the time for the construction of a bridge across the Missouri River at or near Washington, Mo., having considered the same, report thereon with amendments, and as so amended recommend that it pass.

Amend the bill as follows:

Line 3, strike out the words "time for" and insert the words "times for commencing and completing" in lieu thereof.

Line 8, strike out the words "is hereby extended three years" and insert the words "are hereby further extended one and three years, respectively," in lieu thereof.

Amend the title so as to read:

A bill to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Washington, Missouri. The acts of Congress referred to in the bill are as follows:

[PUBLIC NO. 79-70TH CONGRESS]

[H. R. 5502]

AN ACT Authorizing the Washington Missouri River Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Washington, Franklin County, Missouri

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, the Washington Missouri River 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 Washington, Franklin County, Missouri, and a point directly across the river from Washington in Warren County, Missouri, 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. After the completion of such bridge, as determined by the Secretary of War, either the State of Missouri, any political subdivision thereof 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 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 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 interest in real property; and (4) actual expenditures for necessary improvements.

SEC. 3. If such bridge shall at any time be taken over or acquired by the State of Missouri or by any municipality or other political subdivision or public agency thereof, under the provisions of section 2 of this act, and if tolls are charged for the use thereof, the rates of tolls 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 as soon as possible under reasonable charges, but within a period not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient to pay the cost of acquiring the bridge and its approaches shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls 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. 4. Washington Missouri River 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 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 Washington-Missouri River Bridge Company, its successors 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 2 of this act, subject only to review in a court of equity for fraud or gross mistake.

SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act, is hereby granted to Washington Missouri River 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 forecloseure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

SEC. 6. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 28, 1928.

[PUBLIC NO. 990-70TH CONGRESS]

[H. R. 16641]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Washington, 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 Washington, Missouri, authorized to be built by the Washington-Missouri River Bridge Company, by the act of Congress approved February 28, 1928, are hereby extended one and three years, respectively, from February 28, 1929.

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

Approved, March 2, 1929.

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 21, 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. 8422, 71st Cong. 2d sess.) to extend the times for the construction of a bridge across the Missouri River at or near Washington, Mo., if amended as indicated in red thereon.

Hon. JAMES S. PARKER,

PATRICK J. HURLEY,
Secretary of War.

DEPARTMENT OF AGRICULTURE,
Washington, D. C., January 17, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 8422, transmitted with your letter of January 11, with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would extend for three years from February 28, 1930, the time for the construction of the bridge across the Missouri River at or near Washington, Mo., authorized to be built by the Washington-Missouri River Bridge Co. by act of Congress approved February 28,1928, and extended by act of Congress approved March 2, 1929. The bill apparently would extend the time for completing the construction of the bridge, although the language does not exactly express that purpose. The location of the proposed bridge is on the system of Federal-aid highways approved for Missouri and an adverse report was made by this department on the original bill to authorize the construction of this bridge. It still is the view of the department that a private toll bridge should not be constructed at this point.

Sincerely,

R. W. DUNLAP, Acting Secretary.

O

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