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BRIDGE ACROSS MISSOURI RIVER AT OR NEAR WELDON SPRINGS, MO.

FEBRUARY 21, 1931.-Referred to the House Calendar and ordered to be printed

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

REPORT

[To accompany H. R. 17136]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 17136) granting the consent of Congress to the State Highway Commission of Missouri to construct, maintain, and operate a highway bridge across the Missouri River at or near Weldon Springs, Mo., having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

Line 5, after the words "operate a" insert the word "free"; after the word "bridge" insert the words "and approaches thereto". The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

WAR DEPARTMENT, February 19, 1931. 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 objections to the favorable consideration of the accompanying bill (H. R. 17136, 71st Cong., 3d sess.), granting the consent of Congress to the State Highway Commission of Missouri to construct a highway bridge across the Missouri River at or near Weldon Springs, Mo.

PATRICK J. HURLEY, Secretary of War.

Hon. JAMES S. PARKER,

DEPARTMENT OF AGRICULTURE,
Washington, February 19, 1931.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 17136, transmitted with your letter of February 18 with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the State Highway Commission of Missouri to construct, maintain, and operate a highway bridge and approaches thereto across the Missouri River at or near Weldon Springs, Mo. Favorable action on the bill is recommended. C. F. MARVIN, Acting Secretary.

Sincerely,

O

TUNNEL UNDER DELAWARE RIVER BETWEEN NEW CASTLE COUNTY, DEL., AND SALEM COUNTY, N. J.

FEBRUARY 21, 1931.-Referred to the House Calendar and ordered to be printed

Mr. WOLVERTON of New Jersey, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 17141]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 17141) authorizing the Delaware & New Jersey Bridge Corporation, a corporation of the State of Delaware, domiciled at Wilmington, Del., its successors and assigns, George A. Casey, of Wilmington, Del., Clifford R. Powell, of Mount Holly, N. J., their heirs, executors, administrators, or assigns, to construct, maintain, and operate a vehicular tunnel or tunnels under the Delaware River between New Castle County, Del., and Salem County, N. J., having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the War and Navy Departments, as will appear by the letters attached.

WAR DEPARTMENT, February 20, 1981. 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. 17141) authorizing the Delaware & New Jersey Bridge Corporation to construct a tunnel or tunnels and approaches thereto under the Delaware River between New Castle County, Del., and Salem County, N. J.

Attention is invited to the fact, however, that the consent of Congress for the construction of tunnels under navigable waters of the United States is not necessary. Under the provisions of section 10 of the river and harbor act of March 3, 1899, such structures may be built on plans recommended by the Chief of Engineers and authorized by the Secretary of War.

Provisions of the proposed bill concerning the regulation of tolls, contained in section 3, line 18 of page 3, and in section 5, line 3 of page 5, appear to assume that the Secretary of War has general authority under the act of Congress of March 23, 1906, to prescribe tolls for tunnels. The act of March 23, 1906, however, applies only to bridges, and there is no general authority known to me under which I may regulate and prescribe the tolls to be charged at tunnels. For this reason I am of the opinion that the requirements of the proposed bill cited above would be noneffective. If Congress desires that the Secretary of War shall have the authority to regulate tolls at this tunnel, it is believed that the act should specifically so provide.

HR-71-3-VOL 264

PATRICK J. HURLEY, Secretary of War.

NAVY DEPARTMENT, Washington, February 21, 1931.

The CHAIRMAN COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of February 18, 1931, transmitting the bill (H. R. 17141) authorizing the Delaware & New Jersey Bridge Corporation, a corporation of the State of Delaware, domiciled at Wilmington, Del., its successors and assigns, George A. Casey, of Wilmington, Del., Clifford R. Powell, of Mount Holly, N. J., their heirs, executors, administrators, or assigns, to construct, maintain, and operate a vehicular tunnel or tunnels under the Delaware River between New Castle County, Del., and Salem County, N. J., and requesting a report, together with such comment as the Navy Department may desire to make, I have the honor to inform the committee that the Navy Department has no objection to the construction of the tunnels proposed in this bill.

Sincerely yours,

F. B. UPHAM, Acting Secretary of the Navy.

DEPARTMENT OF AGRICULTURE,
Washington, February 19, 1981.

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. 17141, transmitted with your letter of February 18 with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the Delaware & New Jersey Bridge Corporation, a Delaware corporation domiciled at Wilmington, Del., its successors and assigns, and George A. Casey and Clifford R. Powell, their heirs, executors, adminis trators, or assigns, to construct, maintain, and operate a vehicular tunnel or tunnels and approaches thereto under the Delaware River, between New Castle County, Del., and Salem County, N. J. Authority would be conferred by the bill to fix and charge tolls for transit through such tunnel or tunnels, and the right would be given to the States of Delaware and New Jersey, or any public agency or political subdivision of either of such States or any two or more of them, within or adjoining which any such tunnel or tunnels may be located, to acquire and take over by purchase or condemnation all right, title, and interest therein, 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 such tunnel or tunnels should be taken over by condemnation or expropriation, the amount of damages or compensation to be paid would be restricted under the provisions of section 4, which is in conformity with the usual restrictions placed by Congress in authorizations for private toll bridges, which are acquired by States or other public agencies after the expiration of the usually stipulated period of years.

The bill would provide a private tunnel or tunnels which would be operated for tolls. It is the view of the department that such authorization should not be granted nor should such tunnel or tunnels be constructed without the assent of the States concerned. It is believed that neither a tunnel nor a bridge to be privately owned and operated should be constructed at the point proposed, for the reason that if such enterprise is necessary for the accommodation of traffic it should be undertaken by the States concerned. The interested States no doubt will provide adequate means of crossing the Delaware River in due course of time, and it is not believed that in advance of such action on the part of the States there should be set up by act of Congress private rights which may attempt to block or interfere with the States in carrying out their program of improvements when reached. There are numerous cases on record now of where private interests of the kind which would be here created have proven a serious handicap to the States in carrying forward projected programs of highway and bridge construction. The department therefore recommends against favorable action on the bill.

Sincerely,

C. F. MARVIN, Acting Secretary.

O

BRIDGE ACROSS ELEVEN POINTS RIVER AT OR NEAR THOMASVILLE, MO.

FEBRUARY 21, 1931.-Referred to the House Calendar and ordered to be printed

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

REPORT

[To accompany H. R. 17144]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 17144) to legalize a bridge across the Eleven Points River at or near Thomasville, Oregon Čounty, Mo., having considered and amended the same, report thereon with a recommendation that it pass.

Amend the bill as follows:

Line 5, after the word "structure", insert the following:

if, in the judgment of the Chief of Engineers and the Secretary of War, the bridge as constructed does not and will not hereafter unreasonably obstruct or interfere with the interests of navigation,

The bill has the approval of the War Department, as will appear by the letter attached.

WAR DEPARTMENT, February 21, 1931. 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. 17144, 71st Cong., 3d sess.), to legalize a bridge across the Eleven Points River at or near Thomasville, Oregon County, Mo.

PATRICK J. HURLEY,
Secretary of War.

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