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BRIDGE ACROSS THE OHIO RIVER NEAR CANNELTON, IND.

MARCH 25, 1930.-Referred to the House Calendar and ordered to be printed

Mr. JOHNSON of Indiana, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 10258]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10258) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Ind., 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. James W. Dunbar, who introduced this bill, has submitted the following information with respect thereto :

Hon. EVERETT DENISON,

CANNELTON, IND., March 11, 1930.

Chairman Interstate and Foreign Commerce Committee,

Washington, D. C.

DEAR MR. DENISON: This has regard to H. R. 10258, introduced by Mr. Dunbar on February 25, 1930, seeking time extension to H. R. 16565, the latter being made a law March 1, 1929.

The Hawesville-Cannelton Bridge Co. is strictly a local organization, consisting of citizens residing in Cannelton, Ind.; Hawesville, Ky.; and Tell City, Ind.

The Hawesville-Cannelton Bridge Co. is not affiliated with any foreign promotional organization-and has no outside connection except that of its engineers, Robinson and Steinman, 117 Liberty Street, New York, who are in their employ. We seek this time extension because the country-wide collapse of all securities prevented our securing proper finances with which to begin construction of our bridge during the period granted us in the original bill H. R. 16565.

In view of our new financial structure now nearing completion, we have several reputable bridge builders ready to begin construction.

Our preliminary plans, traffic reports, as well as the general opinion of our citizens, are indicative that a bridge at this point is most desirable and necessary. Both Indiana and Kentucky highway commissions look with favor upon our bridge movement and are already building highways in anticipation of a more efficient river crossing at this location.

We propose that all financing, construction, and operation be consummated economically without the usual promotional expense-the latter having already been assumed by our own citizens in a public-spirited manner.

In conclusion, we point with pride to the overwhelming enthusiasm of our citizens and to the manner in which they have contributed moneys liberally to the cause. This, we feel, is our most convincing proof of the sincerity of our people in beseeching your committee to approve the extension of time to the original enactment. This also, is your assurance that we "mean business," and that we will not assign or "peddle" our franchise for lucrative promotion. We will thank you now for your diligent consideration of our cause which we are confident will be given it.

Yours very truly,

HAWESVILLE & CANNELTON BRIDGE CO.,
ARTHUR J. LEHMAN, Secretary.

NEW YORK, February 27, 1930.

Mr. ARTHUR J. LEHMAN,

Secretary Hawesville & Cannelton Bridge Co., Cannelton, Ind. DEAR SIR: This is to advise you that, pursuant to your authorization, we are working on the development of your project for the construction of a bridge across the Ohio River between Cannelton, Ind., and Hawesville, Ky. We have already completed preliminary designs, estimates of cost, traffic survey and a report on estimated traffic and earnings for this bridge. We have submitted your proposition to parties who are interested in financing projects of this character, and we are hopeful that we will be able to conclude the arrangements for the financing of the bridge at an early date.

Faithfully yours,

Hon. JAMES DUNBAR,

Washington, D. C.

ROBINSON & STEINMAN,
Consulting Engineers.

By D. B. STEINMAN,

NEW YORK, N. Y., February 27, 1930.

DEAR CONGRESSMAN DUNBAR: This acknowledges your several letters received this morning.

I am inclosing a letter from our bridge engineers which is self-explanatory, Should you need any additional information to present to your committee please advise, addressing your reply to me at Cannelton, Ind., where I will return early next week.

In one of your letters you indicated some knowledge of our previous connec tion here in New York. I am glad to tell you that early in April we will sever our connections with and the financing and construction of our bridge

will be handled by some very reputable people here in New York.

I am sending a copy of this letter to Mr. Webb, treasurer of the HawesvilleCannelton Bridge Co.

Yours very truly,

ARTHUR J. LEHMAN, Secretary Hawesville-Cannelton Bridge Co.

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

[PUBLIC NO. 883-70TH CONGRESS]

(H. R. 16565]

AN ACT Authorizing the Hawesville and Cannelton Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Cannelton, Indiana 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, Hawesville and Cannelton Bridge Company, its successors and assigns, be and are 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 Cannelton, Perry County, Indiana, 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 Hawesville and Cannelton 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 Hawesville and Cannelton Bridge Company, its successors 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 Indiana, the State of Kentucky, 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 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 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 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 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. Hawesville and Cannelton 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 Indiana 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 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 Hawesville and Cannelton 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 Hawesville and Cannelton Bridge 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. 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.

WAR DEPARTMENT, March 8, 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. 10258, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Ohio River, at or near Cannelton, Ind. 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. 10258, 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 Cannelton, Ind., authorized by act of Congress approved March 1, 1929, to be built by the Hawesville & Cannelton Bridge Co. Routes on the system of Federal-aid highways approved for the States of Kentucky and Indiana pass through the town of Hawesville on the Kentucky side and terminate at Cannelton on the Indiana side. When the original bill to authorize the construction of this bridge was pending before your committee, this department made an adverse report thereon. It still is the view of the department that a private toll bridge, which will connect these routes on the system of Federal-aid highways at the point proposed, should not be authorized. Sincerely, C. F. MARVIN, Acting Secretary.

О

BRIDGE ACROSS THE SAVANNAH RIVER NEAR FIFTH STREET, AUGUSTA, GA.

MARCH 25, 1930.-Referred to the House Calendar and ordered to be printed

Mr. HUDDLESTON, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 10291]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10291) authorizing the State Highway Board of Georgia, in cooperation with the State Highway Department of South Carolina, the city of Augusta, and Richmond County, Ga., to construct, maintain, and operate a free highway bridge across the Savannah River at or near Fifth Street, Augusta, Ga., having considered the same, report thereon with amendments, and, as so amended, recommend that it do pass.

Amend the bill as follows:

Page 2, line 21, strike out the word "appropriation" and insert the word "expropriation".

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, March 8, 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. 10291, 71st Cong., 2d sess.) authorizing the State Highway Board of Georgia, in cooperation with the State Highway Department of South Carolina, the city of Augusta, and Richmond County, Ga., to construct a free highway bridge across the Savannah River, at or near Fifth Street, Augusta, Ga. A minor change in section 2 of the bill has been indicated in red thereon.

PATRICK J. HURLEY,
Secretary of War.

HR-71-2-vor. 2- 78

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