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BRIDGE ACROSS MISSISSIPPI RIVER AT TOPEKA, MINN.

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

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

merce, submitted the following

REPORT

[To accompany H. R. 8423]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8423) granting the consent of Congress to the State of Minnesota to construct, maintain, and operate a bridge across the Mississippi River at or near Topeka, Minn., having considered the same, report thereon with an amendment and, as so amended, recommend that it pass.

Amend the bill as follows: Page 2, line 8, strike out the word "highwy" and insert the word "highway" in lieu thereof.

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 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. 8423, Seventy-first Congress, second session, granting the consent of Congress to the State of Minnesota to construct a bridge across the Mississippi River at or near Topeka, Minn. A minor change in section 2 of the bill has been indicated in red thereon.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, January 17, 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. 8423, 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 authorize the State of Minnesota to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at or near Topeka, Minn. Section 2 of the bill would authorize such bridge to be constructed as a combined railroad and highway bridge, the highway portion thereof, if so constructed, to be operated free from tolls. The location indicated for the proposed bridge is not on the system of Federal-aid highways approved for Minnesota but would constitute a lateral connection with such system. The bill is without objection so far as this department is concerned. Sincerely,

R. W. DUNLAP, Acting Secretary. O

BRIDGE ACROSS MISSISSIPPI RIVER BETWEEN NEW

ORLEANS AND GRETNA, LA.

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

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

merce, submitted the following

REPORT

[To accompany H. R. 8468]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8468) to extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, La., having considered the same, report thereon with a recommendation that it pass.

The bill 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, December 21, 1929. 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. 8468, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Mississippi River between New Orleans and Gretna, La.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., January 17, 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. 8468, transmitted with your letter of January 13, 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 March 6, 1930, the times for commencing and completing the construction of the bridge across the Mississippi River between New Orleans and Gretna, La., to be built by George A. Hero and Allen S. Hackett, their successors and assigns, by act of Congress approved March 2, 1927, and heretofore extended by acts of Congress approved March 6, 1928, and February 19, 1929. The persons to whom permission to construct this bridge was granted by the act of March 2, 1927, have been unable for almost three years to arrange for even the commencement of its construction. It would seem that in view of this fact they are not entitled to any further extension of time. The department, therefore, would recommend against favorable action on the bill. Sincerely,

R. W. DUNLAP, Acting Secretary. The acts of Congress referred to in the bill are as follows:

(PUBLIC—No. 680—69TH CONGRESS]

(H. R. 16887) AN ACT Granting the consent of Congress to George A. Hero and Allen S. Hackett, their successors and

assigns, to construct, maintain, and operate a bridge across the Mississippi River

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to George A. Hero and Allen S. Hackett, their successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, between New Orleans and Gretna, 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 Louisiana, 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 interests in real property necessary therefor, by purchase or condemnation in accordance with the laws of such State governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation, 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 any municipality or other political subdivision or subdivisions of the State of Louisi. ana under the provisions of section 2 of this act and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches 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 to amortize the cost of acquiring the bridge and its approaches shall have been 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 care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 4. George A. Hero and Allen S. Hackett, their successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War a sworn itemized statement showing the actual cost of constructing such bridge and its approaches, the actual original cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion cost.

The Secretary of War may at any time within three years after the completion of such bridge investigate the actual cost of constructing the same, and for such purpose the said George A. Hero and Allen S. Hackett, their successors and assigns, shall make available all of their records in connection with the financing and the construction thereof. The findings of the Secretary of War as to the actual original cost of the bridge shall be conclusive, 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 George A. Hero and Allen S. Hackett, their successors, 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. 6. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1927.

[PUBLIC, No. 94—70TH CONGRESS]

(H. R. 10298] AN ACT To extend the times for commencing and completing the construction of a bridge across the

Mississippi River at or near New Orleans, Louisiana 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 New Orleans, Louisiana, authorized to be built by George A. Hero and Allen S. Hackett, their successors and assigns, by the act of Congress approved March 2, 1927, are hereby extended one and three years, respectively, from the date of approval hereof.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 6, 1928.

(PUBLIC— No. 776—7014 CONGRESS)

(H. R. 16162) AN ACT To extend the times for commencing and completing the construction of a bridge across the

Mississippi River between New Orleans and Gretna, Louisiana 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, between New Orleans and Gretna, Louisiana, authorized to be built by George A. Hero and Allen S. Hackett, their successors and assigns, by the act of Congress approved March 2, 1927, heretofore extended by act of Congress, approved March 6, 1928, are hereby extended one and three years, respectively, from March 6, 1929.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 19, 1929.

The Hon. J. Zach. Spearing, who introduced this bill, has submitted the following information with respect thereto:

HOUSE OF REPRESENTATIVES,

Washington, D. C., January 14, 1930. Mr. Elton J. LAYTON, Clerk Interstate and Foreign Commerce Committee,

Washington, D. C. DEAR MR. LAYTON: Yours of the 13th instant, with reference to H. R. 8468 introduced by me, seeking to extend the time for the commencement and completion of a bridge between New Orleans and Gretna, La., to hand.

The proponents of the bridge have their plans and specifications completed and have submitted the same to the Army Engineers and several hearings have been had thereon. Recently when General Brown, Chief of Engineers, was in New Orleans, he gave audience to Messrs. Hero and Hackett, who are the proponents. I understand that certain changes in the plans and specifications were discussed, if not determined upon.

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