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 Cairo Association of Commerce, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls 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 Illinois, the State of Kentucky, any public agency or political subdivision of either of such States, within or adjoining which any part of the 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 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 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 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 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 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 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. 6. The Cairo Association of Commerce, 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 Illinois and Kentucky, 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 cost 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 Cairo Association of Commerce, 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 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 Cairo Association of Commerce, 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. 8. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, March 6, 1928.

(PUBLIC NO. 1006-70тH CONGRESS]

[H. R. 17185]

AN ACT To extend the time for commencing and completing the construction of a bridge across the Ohio River at or near Cairo, Illinois

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 Ohio River at or near Cairo, Illinois, authorized to be built by the Cairo Association of Commerce, by the 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, March 2, 1929.

Hon. E. E. Denison, who introduced this bill, has submitted the following information with respect thereto:

DEAR MR. DENISON: Under authority given by the act of Congress approved March 6, 1928, and extended for one year by the act of Congress approved March 2, 1929, the Cairo Association of Commerce, through a corporation which it organized, known as the Illinois-Kentucky Bridge Co., has proceeded with its plans to construct a bridge across the Ohio River at Cairo, and work on the project has been accomplished as follows:

1. Surveyed and laid out the entire project, including soundings and borings in the river, rights of way on both sides of the river, engineer's estimates of cost of filling and constructing approaches, etc.

2. Had prepared by reputable engineers, detailed designs and specifications for the structures, including estimates of cost.

3. Conducted hearings before the board of United States Army engineers, Lieut. Col. George R. Spaulding, Maj. John C. Gotwall, and Maj. L. D. Worsham, and secured its approval of the plans for the bridge and the approval of the Secretary of War.

4. Purchased and paid for about 31⁄2 miles of right of way on the Kentucky side of the river for the approach to the bridge.

5. Negotiations pending for all additional right of way needed.

6. Secured right of way on the Illinois side of the river.

7. Had the Legislature of the State of Kentucky include the 341⁄2 miles of the bridge approach purchased by us in its State road system.

8. Arranged for financing the construction of the bridge, as far as possible at this time.

9. Cleared the right of way and started excavating on the Illinois side for the first pier for the bridge, when the high waters of 1929 stopped the work. By the time the water had subsided the market for bridge securities became so unsettled that it was deemed unwise by our bankers to undertake to sell our securities at that time. The delay which this caused has made it necessary for us to ask for an extension of time within which to construct the 'bridge.

A substantial amount of money has thus far been invested in this project.

Very truly yours,

CAIRO ASSOCIATION OF COMMERCE, By J. P. SCHUн, President.

WAR DEPARTMENT, February 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. 9805, 71st Cong., 2d sess.), to extend the times for commencing and completing the construction of a bridge across the Ohio River at Cairo, Ill.

Hon. JAMES S. PARKER,

PATRICK J. HURLEY,
Secretary of War.

DEPARTMENT OF AGRICULTURE, Washington, D. C., February 25, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 9805, transmitted with your letter of February 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 2, 1930, the times for commencing and completing the construction of the bridge across the Ohio River at or near Cairo, Ill., authorized to be built by the Cairo Association of Commerce, by act of Congress approved March 6, 1928, and extended for one year by the act of Congress approved March 2, 1929. The Cairo Association of Commerce already has had two years within which to commence the construction of the bridge, and if it has been unable to arrange for construction to begin within that period of time it is not believed that it should be permitted further to tie up a proposed bridge location by continuing to hold a congressional authorization through the medium of successive time extensions. The department, therefore, would recommend against favorable action on the bill.

Sincerely,

R. W. DUNLAP, Acting Secretary.

O

BRIDGE ACROSS OHIO RIVER AT NEW MARTINSVILLE, W. VA.

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

Mr. COOPER of Ohio, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 9850]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9850) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near New Martinsville, W. Va., having considered the same, report thereon with a recommendation that it pass.

The Hon. Carl G. Bachmann, who introduced this bill, has submitted the following information with respect thereto:

Hon. CARL G. BACHMANN,

NEW MARTINSVILLE GROCERY CO.,
New Martinsville, W. Va., February 19, 1930.

Care of House of Representatives, Washington D. C.

DEAR SIR: Acknowledgement is made of your communication of February 14, to Mr. S. R. Cox, recorder of the town of New Martinsville, relative to H. R. 9850, with the request that there be furnished you additional and definite information, required by the Committee on Interstate and Foreign Commerce, as to steps taken toward construction of bridge across the Ohio River, at or near New Martinsville.

The recorder and town have turned this over to the undersigned, as president of the local Kiwanis Club, for reply, and I gladly write you, giving the information at hand.

1. A careful and accurate traffic survey has been completed.

2. Route No. 2, the great scenic Ohio River road, has been completed to the northern end thereof.

3. Route No. 55, to Clarksburg, has been made and declared a State road by the West Virginia State Road Commission, and our county court and citizens are actively moving toward perfecting the rights of way.

4. Route No. 7 has been completed to Hundred, its intersection with No. 250. All indications point to the early completion of the road through to Morgantown.

Connection with these highways makes New Martinsville the logical place to cross the Ohio River.

Respectfully yours,

C. M. FOUNDS.

The act of Congress approved March 2, 1929, referred to in the bill, is as follows:

[PUBLIC-No. 910-70TH CONGRESS]

(H. R. 15570]

AN ACT Authorizing S. R. Cox, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near New Martinsville, West Virginia

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, S. R. Cox, his heirs, legal representatives, and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, or at or near New Martinsville, Wetzel County, West Virginia, 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 S. R. Cox, 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 the condemnation or expropriation of property for public purposes in such State.

SEC. 3. The said S. R. Cox, his heirs, legal representatives, 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 West Virginia, the State of Ohio, 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 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. 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, prepairing, and operating the bridge and its approaches under economical management, 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 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 toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper repair, maintenance, 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 operating, repairing, and maintaining the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.