the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

(0) That the consent of Congress is hereby granted to the Highway Department of the State of Tennessee to construct, maintain, and operate a bridge and approaches thereto across the Cumberland River, at a point suitable to the interests of navigation, between Gainesboro and Granville in the county of Jackson, in the State of Tennessee, 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.

If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund authorized by the law of the State of Tennessee which provides for the construction of the bridge to be built under this act, which shall be sufficient to amortize the bonds issued under the law of Tennessee, as soon as possible under reasonable charges, but within a period of not to exceed twenty-five years from the completion thereof. 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 costs of the bridge and its approaches, the 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. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 20, 1929.

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 15, 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. 10526, 71st Cong., 2d sess.), to extend the times for commencing and completing the construction of certain bridges in the State of Tennessee, if amended as indicated in red thereon.

PATRICK J. HURLEY,
Secretary of War.

DEPARTMENT OF AGRICULTURE,
Washington, D. C., March 12, 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. 10526, transmitted with your letter of March 7 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 the date of its approval, the times for commencing and completing the construction of the bridges authorized by acts of Congress approved June 20, 1929, to be built by the Tennessee highways department across the Cumberland River, one to be located on the Gallatin-Martha Road, between Sumner and Wilson Counties, and the other to be located between Gainesboro and Granville, in Jackson County, State of Tennessee. Favorable action on the bill is recommended.

BRIDGE ACROSS OHIO RIVER NEAR WELLSBURG, 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. 10651]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 10651) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Wellsburg, W. Va., having considered the same, report thereon with amendments and as so amended recommend that it pass.

Amend the bill as follows:

Line 5, after the word "built" insert the following: "by the J. K. Mahone Bridge Company, its successors and assigns,"; after the word "Act" add "of Congress".

Line 6, strike out the words "and extended" and insert in lieu thereof, "heretofore extended by an Act of Congress approved". Line 7, after the word "hereby" insert the word "further". Hon. Carl G. Bachmann who introduced this bill has submitted the following information with reference thereto.

Mr. ELTON J. Layton,

HOUSE OF REPRESENTATIVES,
Washington, D. C., March 14, 1930.

Clerk Committee on Interstate and Foreign Commerce,

House Office Building.

MY DEAR MR. LATYON: In compliance with your letter of March 14, I am sending you herewith information as to what the parties authorized to build a bridge across the Ohio River at or near Wellsburg, W. Va., have done toward carrying out such authority.

Very sincerely yours,

CARL G. BACHMANN.

WELLSBURG, W. Va., March 8, 1930.

MY DEAR MR. BACHMANN: In compliance with the requests as contained in your letter of February 28, you will find inclosed herewith a resolution adopted

at the regular meeting of the council of this city, held Tuesday evening of this week.

You will notice it is signed by each member of council, which is evidence that the feeling was unanimously in favor of the bridge. There was no hesitation whatever on the part of any member, and it took about 15 minutes to have it put through.

The council at Brilliant yesterday (Friday) did not take similar formal action for the reason that when the matter came before them the mayor of the town advised council that he had already received a communication from Congressman Murphy and that he had replied thereto, to the effect that the council and the town was unanimously in favor of the building of the bridge. You can verify this assertion by communicating with Congressman Murphy.

Showing the progress made by the Mount Vernon Bridge Co., you will find inclosed herewith, a letter dated February 19 and addressed to Ed. E. Dennison, chairman bridge committee; also two blue prints which will make the location and elevations perfectly clear to your mind.

For your information, the House bill already introduced by Congressman Morgan, of Newark, Ohio, is No. 10039.

We believe that this fulfills every request for evidence that the people of the communities affected desire the building of this bridge. Also the information asked for in your letter.

Kindly advise us as to the progress being made, and oblige.

Very truly,

THOS. J. REID.

WELLSBURG, W. Va., March 4, 1930.

Hon. CARL G. BACHMANN,

House of Representatives, Washington, D. C.

MY DEAR MR. BACHMANN: In compliance with your request of February 28, to Mr. T. J. Reid, for a resolution from the council of this city, favoring the extension of the franchise of the Mount Vernon Bridge Co., of Mount Vernon, Ohio, to build a bridge over the Ohio River at this city:

"Now therefore, The council of this city of Wellsburg, County of Brooke, and State of West Virginia, met in regular session in the offices of the City Building, this Tuesday evening, March 4, 1930, all members being present, hereby unanimously approve and recommend the extension of the date of the expiration of the above mentioned franchise for one year, and hereby solicit your cooperation in the House of Representatives of the Congress of the United States, now assembled. We will appreciate an acknowledgment of the receipt of this request and the assurance of your best efforts.

G. C. JEFFRIES, President.

H. BROZKOE.

E. GOOD.

VICTOR SMITH.

The HON. EDWARD E. DENISON,

D. U. MONTGOMERY.

H. W. HANNAN.
Wм. W. PFEFFER.
W. M. SIMPSON, Jr.

MOUNT VERNON, OHIO, February 19, 1930.

Member Committee on Interstate and Foreign Commerce.

DEAR SIR: The Mount Vernon Bridge Co., of Mount Vernon, Ohio, in 1929, purchased a franchise from the J. K. Mahone Bridge Co., of Clarksburg, W. Va., who held this franchise under an act of Congress approved May 14, 1928, and extended by an act of Congress approved March 2, 1929, to construct a bridge over the Ohio River at Wellsburg, W. Va.

The Mount Vernon Bridge Co. is proposing to construct this bridge. It has the approval of the War Department to construct this bridge according to the attached plan, and has made surveys on the ground and is at the present time working toward the completion of the plans for the bridge.

Having purchased the franchise late in 1929, the Mount Vernon Bridge Co. finds that the engineering features and financial matters necessary to be completed for the construction of the proposed bridge have and are intervening to the extent that it is necessary to make a request for the extension provided in House resolution Traffic surveys made by Robinson and Steinman, consulting engineers of New York City, show that the bridge, if constructed, will carry sufficient traffic to make it a paying proposition.

The Mount Vernon Bridge Co. is engaged in the business of building bridges, having already constructed five bridges across the Ohio River and is acting in good faith on this proposition.

Yours truly,

THE MOUNT VERNON BRIDGE Co.,
C. G. CONLEY, President.

The acts of Congress referred to in the bill are as follows:

[PUBLIC NO. 375-70TH CONGRESS]

[S. 797]

AN ACT Authorizing the J. K. Mahone Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Wellsburg, 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 promote interstate commerce, improve the postal service, and provide for military and other purposes, the J. K. Mahone 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 Wellsburg, Brooke 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 the J. K. Mahone 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 in such State.

SEC. 3. The said J. K. Mahone 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 or 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, first, the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; second, the actual cost of acquiring such interests in real property; third, 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 fourth, actual expenditures for necessary improvements.

SEC. 5. If such bridge shall at any time be taken over or acquired by the States or political subdivisions thereof 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, to pay an adequate return on the cost thereof, 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 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.

SEC. 6. The J. K. Mahone 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 such 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 cost so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; and for the purpose of such investigation the said J. K. Mahone 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 J. K. Mahone 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. The right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, May 14, 1928.

[PUBLIC NO. 992-70TH CONGRESS]

[H. R. 16818]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Wellsburg, West Virginia

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 Wellsburg, West Virginia, authorized to be built by the J. K. Mahone Bridge Company, its successors and assigns, by act of Congress approved May 14, 1928, are hereby extended one and three years, respectively, from May 14, 1929.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929.

The bill as amended is similar to H. R. 10039, which 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. 10039, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Wellsburg, W. Va., if amended as indicated in red thereon.

PATRICK J. HURLEY, Secretary of War.