DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,

Washington, January 31, 1930.

REPORT OF H. R. 1009

Memorandum for the Secretary.

The bill proposes to grant to the State of Wisconsin all lands in said State which were originally erroneously meandered and shown upon the official plats as water-covered areas, to which the State of Wisconsin has a preference right of entry under the act of February 27, 1925 (43 Stat. 1013). The bill further provides that section 3 of the said act of February 27, 1925, limiting the preference right of entry to an area not greater than 160 acres in one body to one applicant shall not apply to the State of Wisconsin.

There is no objection to the proposed legislation, and I recommend that H. R. 1009 be enacted. C. C. MOORE, Commissioner.

BRIDGE ACROSS COLUMBIA RIVER AT ARLINGTON, OREG.

FEBRUARY 27, 1930.-Referred to the House Calendar and ordered to be printed

Mr. LEA of California, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 9434]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9434) to extend the times for commencing and completing the construction of a bridge across the Columbia River at or near Arlington, Oreg., 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. The Hon. Robert R. Butler, who introduced this bill, has submitted the following information with respect thereto :

Mr. ELTON J. LAYTON,

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES, Washington, D. C., February 5, 1930.

Clerk House Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C. DEAR MR. LAYTON. Replying to your letter of February 4 with reference to H. R. 9434, I have to say that no actual construction work has been commenced upon the proposed bridge, as you will observe from my letter to the chairman. You will observe that the original bill only granted one year's time, or, rather, fixed no time, but placed it under the provisions of the general law, which only gives one year's time. I understand that a survey has been made and then negotiations began with reference to the financing and construction of the bridge, and after several months of such negotiations the citizens of Arlington and officials who had the matter in charge decline to proceed further with the concern with which they were negotiating and started negotiations anew, which were not completed at the time of the expiration.

This is a small community, and they can not proceed with a large proposition like this with the dispatch and rapidity that larger communities can. It is not an exploitation proposition a tall, but is a much-needed bridge to take the place of ferryboats across the Columbia River at the point mentioned. If there is any other specific information which is available to me and which you desire, I would be glad to furnish it. ROBERT R. BUTLER.

Very truly yours,

Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTURE, Washington, D. C., February 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. 9637, transmitted with your letter of February 8 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 15, 1930, the time for completing the construction of a bridge across Lake Champlain between a point at or near Rouses Point, N. Y., and a point at or near Alburg, Vt., authorized by act of Congress approved February 15, 1929, to be built by Elisha N. Goodsell. The bill merely provides for extending the time for completing the construction of the bridge, from which it is inferred that construction work already has been commenced. If such is the fact, the department would interpose no objection to favorable action on the bill.

Sincerely,

R. W. DUNLAP, Acting Secretary.

The act of Congress approved February 15, 1929, referred to in the bill, is as follows:

[PUBLIC-No. 750-70TH CONGRESS]

[S. 4560]

AN ACT Authorizing Elisha N. Goodsell, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Lake Champlain between a point at or near Rouses Point, New York, and a point at or near Alburgh, Vermont

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, Elisha N. Goodsell, of Alburgh, Vermont, his heirs, legal representatives, and assigns, be, and he is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across Lake Champlain, at a point suitable to the interests of navigation, between a point at or near Rouses Point, New York, and a point at or near Alburgh, Vermont, 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. There is hereby conferred upon Elisha N. Goodsell, his 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 condemnation or expropriation of property for public purposes in such State.

SEC. 3. The said Elisha N. Goodsell, his 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. After the completion of such bridge, as determined by the Secretary of War, either the State of New York, the State of Vermont, 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 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 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

States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of fifteen 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. If such bridge shall 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 fifteen 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. L. L. Montague, his heirs, legal representatives, 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 Oregon and Washington 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 such 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 L. L. Montague, his heirs, legal representatives, and assigns, shall make available all of his 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 L. L. Montague, his 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, December 15, 1928.

WAR DEPARTMENT, February 11, 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. 9434, 71st Cong., 2d sess.), to extend the times for commencing and completing the construction of a bridge across the Columbia River at or near Arlington, Oreg.

PATRICK J. HURLEY,
Secretary of War.