BRIDGE ACROSS THE OHIO RIVER NEAR MOUNDSVILLE, W. VA.

MARCH 25, 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. 10248]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10248) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Moundsville, 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. JAMES S. PARKER,

HOUSE OF REPRESENTATIVES, Washington, D. C., February 27, 1930.

Chairman Interstate and Foreign Commerce,

House Office Building.

MY DEAR SIR: I have your letter of February 26, requesting definite information as to what the Moundsville Bridge Co. have done toward constructing a bridge across the Ohio River at or near Moundsville, W. Va. In this connection I desire to quote a letter from Hon. David A Ritchie, of Fairmont, W. Va., concerning this matter:

"I dislike to trouble you further, but there is another matter about which I am much concerned, and that is the securing of an extension in the matter of the act of Congress authorizing the Moundsville Bridge Co. to construct a toll bridge at or near Moundsville, W. Va., across the Ohio River.

"Myself and other parties interested feel confident that if the extension is granted the bridge will be built and construction begun this year without fail. In view of the financial conditions last fall it was impossible to finance the proposition, but at this time the outlook is much improved and we have assurances that the money can be raised to complete this project. I have been in touch with Hon. Nelson C. Hubbard and he has sent me copies of his correspondence to you." I am also sending you a letter from Mr. L. L. Stidger, clerk city of Moundsville, W. Va., relative to this matter.

Very truly yours,

CARL G. BACHMANN.

MOUNDSVILLE, W. Va., February 25, 1930.

Hon. CARL G. BACHMANN,

Washington, D. C.

FRIEND BACHMANN: Because of unprecedented conditions by reasons of the collapse of the stock market last year, the council of the city of Moundsville are unanimously in favor of an extension of time to the Moundsville Bridge Co. in their efforts to finance the building of a bridge over the Ohio River at this point and directed that I write you urging that you lend a hand in procuring an extension of time to said company.

Very truly,

L. L. STIDGER, Clerk.

The act of Congress approved March 1, 1929, referred to in the bill, is as follows:

[PUBLIC NO. 892-70TH CONGRESS]

[S. 4778]

AN ACT Authorizing the Moundsville Bridge Company to construct a bridge across the Ohio River at or near the city of Moundsville, 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, the Moundsville Bridge Company, its successors 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, at or near the city of Moundsville, 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 the Moundsville Bridge 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 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 Moundsville Bridge Company, its successors 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 exporpriation. If at any time after the expiration of ten 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 (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 interests in real property; and (4) actual expenditures for necessary improvements.

SEC. 5. If such bridge shall at any time 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 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. 6. The said Moundsville 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 departments of the States of West Virginia and Ohio, 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 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 Moundsville Bridge 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 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 Moundsville Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges mat 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. All contracts made in connection with the construction of the bridge authorized by this act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway departments of the States in which such bridge is located. A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with.

SEC. 9. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, March 1, 1929.

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, March 5, 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. 10248, Seventy-first Congress, second session, to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Moundsville, W. Va.

PATRICK J. HURLEY,
Secretary of War.

Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTure,
Washington, D. C., March 6, 1930.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill H. R. 10248, transmitted with your letter of February 26, 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 1, 1930, the times for commencing and completing the construction of the bridge across the Ohio River, at or near Moundsville, W. Va., authorized by act of Congress approved March 1, 1929, to be built by the Moundsville Bridge Co. Routes on the system of Federal-aid highways approved for the States of Ohio and West Virginia parallel the river through the point indicated for the proposed bridge. An additional route on the West Virginia system of Federal-aid highways extends to Moundsville from easterly points in the State. Any bridge constructed at this point, therefore, would derive a very large share of its traffic from the system of Federal-aid highways, for which reason the department recommends against favorable action on the bill.