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At all events my understanding is that the suggested changes were agreed to by Messrs. Hero and Hackett and the revised plans and specifications were submitted to the Army Engineers.

I recently—that is, during the past week—visited Captain Yost, of the Corps of Engineers in charge of the bridge department. He confirmed what I have already stated. I informed him that I intended introducing the bill for the extension of time, but before doing so desired to confer with him with the view of ascertaining his wishes on the subject. He informed me that in his opinion it was very desirable to introduce the bill, which I accordingly did. I have no doubt that he will approve a favorable report on the bill.

The matter is a serious one and is being earnestly pressed. My information is, in addition to what I have already said, that the proponents of the bill have made all financial arrangements and are prepared to proceed with work as soon as the permit is granted by the Secretary of War on the approval of the Chief of Engi

If there is and further information which you or the committee desire, do not hesitate to let me know. I repeat and emphasize that the matter is really a serious one and is very near reaching a final determination. Passage of the bill is necessary to preserve the rights of the parties. Very truly yours,

J. ZACH. SPEARING. O

neers.

BRIDGE ACROSS MISSOURI RIVER AT RANDOLPH, 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. 8562)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8562) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo., having considered the same, report thereon with an amendment, and as so amended recommend that it pass.

Amend the bill as follows:
Line 5, begin the word "the" with a capital “T”.
The acts of Congress referred to in the bill are as follows:

(PUBLIC—No. 500—7071 CONGRESS)

(H. R. 11338) AN ACT Authorizing The Kansas City Southern Railway Company, its successors and assigns, to con

struct, maintain, and operate a bridge across the Missouri River near Randolph, 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 Kansas City Southern Railway 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 a point approximately one mile southeast of Randolph, 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. The Kansas City Southern Railway Company, its successors and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or as a combined railroad and highway bridge for all such purposes; and there is hereby conferred upon the said The Kansas City Southern Railway 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 pos. sessed 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 ard 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. After the completion of such bridge, as determined by the Secretary of War, if the same is constructed as a highway bridge, only, eithe 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 interests in real property; and (4) actual expenditures for necessary improvements.

Sec. 4. 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 3 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 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. 5. If such bridge is constructed as a combined railroad bridge for the passage of railway trains or street cars, and a highway bridge for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways; and if the right of purchase or condemnation shall be exercised as to such right of way over the bridge, then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this act and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad bridge only. If the right of purchase or condemnation conferred by this act shall be exercised as to the right of way over such bridge, then that part of the bridge shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles shall be maintained, operated, and kept in repair by the purchaser thereof.

Sec. 6. The Kansas City Southern Railway 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 The Kansas City Southern Railway 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 3 of this act, subject only to review in a court of equity for fraud or gross mistake.

Sec. 7. The Kansas City Southern Railway Company, its successors and assigns, is hereby authorized and empowered to fix and charge just and reasonable tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe other rates of toll as provided in the act of March 23, 1906; and if said bridge is constructed as a railroad bridge, or a joint railroad and highway bridge, as provided in this act, the said The Kansas City Southern Railway Company, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for any other such purposes, the terms, conditions, and rates of toll for such use; but in the absence of such contract, the terms, conditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said act of March 23, 1906.

Sec. 8. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to The Kansas City Southern Railway 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, 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. 9. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, May 24, 1928.

(PUBLIC—No. 882—70th CONGRESS]

(H. R. 16026) AN ACT To extend the times for commencing and completing the construction of a bridge across the Mis.

souri River at or near Randolph, 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 authorized by the act of Congress approved May 24, 1928, to be built by The Kansas City Southern Railway Company across the Missouri River at or near a point approximately one mile south ast of Randolph, Missouri, are hereby extended one and three years, respectively, from May 24, 1929.

Sec. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, March 1, 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. 8562, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Randolph, Mo.

PATRICK J. HURLEY,

Secretary of War. HR-71-2—VOL 2- -4

DEPARTMENT OF AGRICULTURE,

Washington, D. C., January 23, 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. 8562) transmitted with your letter of January 15 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 May 24, 1930, the times for commencing and completing the construction of the bridge across the Missouri River, at or near Randolph, Mo., authorized to be built by the Kansas City Southern Railway Co. by act of Congress approved May 24, 1928, which times for commencing and completing the construction of said bridge heretofore have been extended one and three years from May 24, 1929, by act of Congress approved March 1, 1929. The authority granted for the construction of this bridge authorizes a railroad bridge or a combination highway and railroad bridge. When the original bill was pending to authorize the construction of this bridge, the department recommended adversely thereon unless the provision for a private highway toll bridge were eliminated. It still is the view of the department that a private toll bridge for highway traffic should not be constructed at this point. The previous recommendation of the department, therefore, against favorable action on the bill is recommended unless the provision for a private highway toll bridge is eliminated. Sincerely,

R. W. DUNLAP, Acting Secretary.

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