Secretary of War all of their records in connection with the financing and construction thereof. The findings of the Secretary of War as to such actual original cost shall be conclusive subject only to review in a court of equity for fraud or gross mistake. Findings of Secretary conclusive. Operation as toll bridge if etc., SEC. 6. If such bridge shall be taken over and acquired by the States or political subdivisions thereof under the provisions of States, et acquired by section 4 of this Act, the same may thereafter be operated as a toll bridge; in fixing the rates of toll to be charged for the use of such bridge, the same shall be so adjusted as to provide as far as possible a sufficient fund to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor within a period of not to exceed Maintenance, After a sinking after amortization of thirty years from the date of acquiring the same. fund sufficient to pay the cost of acquiring such bridge and its costs. approaches shall have been provided, the bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount paid for acquiring the bridge and its approaches, the expenditures for operation, 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. Record of all expenditures and receipts. etc. SEC. 7. The right to sell, assign, transfer, and mortgage all the Authority to sell, rights, powers, and the privileges conferred by this Act is hereby granted to the said Charles G. Buffum, Andrew J. Murphy, Lloyd Stark, and W. J. Garner, their heirs, legal representatives, and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which 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. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 5, 1926. CHAP. 244.-An Act Granting the consent of Congress to the State of Minnesota to construct a bridge across the Minnesota River at or near Shakopee, Minnesota. Amendment. May 5, 1926. [H. R. 8950.] [Public, No. 184.] Minnesota River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the State of Minnesota and its suc- bridge, at Shakopee. cessors and assigns to construct, maintain, and operate a bridge and approaches thereto across the Minnesota River at a point suitable to the interests of navigation, at or near Shakopee, Minnesota, more particularly described as in the southwest quarter of the northeast quarter of section 1, township 115 north, range 23 west of the fifth principal meridian, in the county of Scott, in the State of Minnesota, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Construction. SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, May 5, 1926. 43892-27-26 May 5, 1926. [H. R. 9688.] [Public, No. 185.] Sandusky Bay. G. 8. Beckwith may Ohio. CHAP. 245.-An Act Granting the consent of Congress to the construction, maintenance, and operation of a bridge across Sandusky Bay at or near Bay Bridge, Ohio. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent bridge at Bay Bridge, of Congress is hereby granted to G. S. Beckwith, of Cleveland, Ohio, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto across Sandusky Bay, at a point suitable to the interests of navigation, at or near Bay Bridge, in the county of Erie, in the State of Ohio, 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. Construction. Tolls authorized. Acquisition authorized, after completion, by Ohio, etc. quired by condemnation. SEC. 2. The said G. S. Beckwith, his heirs, legal representatives, and assigns, are hereby authorized to fix and charge tolls for transit over such bridge and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such Act of March 23, 1906. SEC. 3. After the date of completion of such bridge, as determined by the Secretary of War, either the State of Ohio, any political subdivision thereof within which any part of such bridge is located, or two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and approaches, and interests in real property necessary therefor, by purchase, or by condemnation in accordance with the law of such State governing the acquisition of private property for public purposes by condemCompensation if ac- nation. If at any time after the expiration of fifteen years after the completion of such bridge it is acquired by condemnation, 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 approaches, less a reasonable deduction for actual depreciation in respect of such bridge and approaches, (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 construction of such bridge and approaches and the acquisition of such interests in real property), and (4) actual expenditures for necessary improvements. Limitation. Operation by municipality, etc., as a toll bridge. after amortization of costs. SEC. 4. If such bridge shall at any time be taken over or acquired by any municipality or other political subdivision or subdivisions of the State of Ohio under the provisions of section 3 of this Act, and if tolls are charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the amount paid for such bridge and its approaches as soon as possible under reasonable charges, but within a period of not to exceed thirty years from Maintenance, etc., the date of acquiring the same. After a sinking fund sufficient to amortize the cost of acquiring the bridge and its approaches shall have been 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 care, maintenance, and operation of the bridge and Record of expendi- its approaches. An accurate record of the amount paid for the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of daily tolls collected shall be kept, and shall be available for the information of all persons interested. SEC. 5. That said G. S. Beckwith, his heirs, legal representatives, completion. led after and assigns, shall, within ninety days after the completion of such bridge, file with the Secretary of War a sworn itemized statement tures and receipts. Sworn statement of be retary of War. showing the actual original cost of constructing such bridge and approaches, including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three Investigation by Secyears after the completion of such bridge, the Secretary of War may investigate the actual cost of such bridge, and for such purpose the said G. S. Beckwith, his heirs, legal representatives and assigns, shall make available to the Secretary of War all of his or their records in connection with the financing and construction thereof. The findings of the Secretary of War as to such actual original cost shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. SEC. 6. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the said G. S. Beckwith, his heirs, legal representatives, and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which 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. Findings of Secretary conclusive. Authority to sell, etc. SEO. 7. The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, May 5, 1926. CHAP. 246.-Joint Resolution To authorize the American National Red Cross to continue the use of temporary buildings now erected on square numbered 172, in Washington, District of Columbia. May 5, 1926. [S. J. Res. 55.] [Pub. Res., No. 25.] American Red Cross. buildings, Washington, tinued. D. O., by, may be conVol. 43, p. 975. of temporary Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That authority be, and is hereby, given to the central committee of the American National Red Cross to continue the use of such temporary buildings as are now erected upon square numbered 172, in the city of Washington, for the use of the American Red Cross in connection with its work in cooperation with the Government of the United States until such time as hereafter may be designated by Congress: Provided, That the United States shall be put to no expense of any kind by pense for. reason of the exercise of the authority hereby conferred. Approved, May 5, 1926. Proviso. No Government ex CHAP. 250.—An Act For the acquisition of buildings and grounds in foreign countries for the use of the Government of the United States of America. May 7, 1926. [H. R. 10200.] [Public, No. 186.] Foreign Service Buildings Act, 1926. ings, etc., in foreign Acquisition of buildcountries authorized for Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State is empowered, subject to the direction of the commission hereinafter established, to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropria- use of the Government. tions made pursuant to this Act, in foreign capitals and in other foreign cities, sites and buildings, and to alter, repair, and furnish such buildings, for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating, to the extent deemed advisable by the commission, within one or more buildings, the embassies, legations, consulates, and other agencies of the United States Government there maintained, which buildings shall be appropriately designated by the commission, and the space buildings in which shall be allotted by the Secretary of State under the direction of the commission among the several agencies of the United States Government. Allotment of space in Foreign Service Buildings Commission established. Composition. Duties of Commission. SEC. 2. (a) There is hereby established a joint commission, to be known as the Foreign Service Buildings Commission, and to be composed of the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the chairman and the ranking minority member of the Committee on Foreign Relations of the Senate, and the chairman and the ranking minority member of the Committee on Foreign Affairs of the House of Representatives. A member of the commission may continue to serve as a member thereof until his successor has qualified. (b) It shall be the duty of the commission to consider, formulate, and approve plans and proposals for the acquisition and utilization of the sites and buildings authorized by section 1, and of sites and buildings heretofore acquired or authorized for the use of the diplomatic and consular establishments in foreign countries, including the initial furnishings of such buildings and the initial alteration and Former commission repair of purchased buildings and grounds. The commission es abolished. Vol. 41, p. 1214. Rules to be prescribed. Annual report. Use for offices, residences, etc. struction repair, etc., authorized. tablished by the Act entitled "An Act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1922," approved March 2, 1921, is hereby abolished. (c) The commission shall prescribe rules and regulations for carrying into effect the provisions of this Act, and shall make an annual report to the Congress. SEC. 3. Buildings and grounds acquired under this Act or heretofore acquired or authorized for the use of the diplomatic and consular establishments in foreign countries may, subject to the direction of the commission, be used, in the case of buildings and grounds for the diplomatic establishment, as Government offices or residences or as such offices and residences; or, in the case of other buildings and grounds, as such offices or such offices and residences. Contracts for con- The contracts for all work of construction, alteration, and repair under this Act are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, in the judgment of the commission, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States. SEC. 4. For the purpose of carrying into effect the provisions Total authorized for. of this Act there is hereby authorized to be appropriated an amount not exceeding $10,000,000, and the appropriations made pursuant to this authorization shall constitute a fund to be known as the Foreign Service Building Fund, to remain available until expended. Under this authorization not more than $2,000,000 shall be appropriated for any one year, but within the total authorization provided in this Act the Secretary of State, subject to the direction of the commission, may enter into contracts for the acquisition of the after completion of buildings and grounds authorized by this Act. In the case of the initial alterations, etc. buildings and grounds authorized by this Act, after the initial alterations, repairs, and furnishing have been completed, subsequent expenditures for such purposes shall not be made out of the appropriations authorized by this Act. Foreign Service Building Fund. Post, p. 866. Annual limitation. Fund not available Plans to be formulated for use of Commission. SEC. 5. The Secretary of State is empowered, subject to the direction of the commission, to collect information and to formulate plans for the use of the commission and to supervise and preserve the diplomatic and consular properties of the United States in Employment of spe- foreign countries and the properties acquired under this Act. In the collection of such information and in the formulation of such plans he may, subject to the direction of the commission, obtain such special architectural or other expert technical services as may be necessary and pay therefor, not exceeding in any case 5 per centum of the cost of construction or remodeling of the properties in respect to which said special services are rendered, technical services. Compensation. from such appropriations as Congress may make under this Act, without regard to civil service laws or regulations and the provisions of the Classification Act of 1923. 7 Leases authorized if SEC. 6. The authority granted to acquire sites and buildings titles not obtainable. by purchase shall, in cases where it is impossible to acquire title, be construed as authority to acquire the property by lease for a term sufficiently long, in the judgment of the commission, to be practically equivalent to the acquisition of title. Former authorization Vol. 36, p. 917, ropealed. SEC. 7. The Act entitled "An Act providing for the purchase or for buildings repealed. erection, within certain limits of cost, of embassy, legation, and consular buildings abroad," approved February 17, 1911, is repealed, but such repeal shall not invalidate appropriations already made under the authority of such Act. SEC. 8. This Act may be cited as the "Foreign Service Buildings Act, 1926." Approved, May 7, 1926. Title of Act. CHAP. 251.-An Act To authorize the transfer to the jurisdiction of the Commissioners of the District of Columbia of a certain portion of the Anacostia Park for use as a tree nursery. May 7, 1926. [S. 2853.] [Public, No. 187.] District of Columbia. a tree nursery. Description. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Director of Public Buildings and Public Parks of the National Capital is Park transferred to, for hereby authorized and directed to transfer to the jurisdiction of the Commissioners of the District of Columbia the followingdescribed United States land, being a part of Anacostia Park, for use as a tree nursery, viz: Beginning at the northeast corner of parcel 239/1 (sewage disposal plant), thence running with the northern line of said parcel, south eighty-eight degrees twenty-five minutes thirty seconds west, one hundred and fifty-two and thirtynine one-hundredths feet to the southeast corner of that part of section B assigned to the Army Air Service, and shown by map on file in the United States Engineer Department designated "File B-38-66," and dated March 14, 1921; thence running with the eastern line of said portion of section B north zero degrees five minutes twenty-nine seconds east one thousand two hundred and thirty-four and twenty-five one-hundredths feet to intersect the outer face of the sea wall on the left bank of the Anacostia River, said point of intersection being the northeast corner of the aforementioned portion of section B as assigned to the Army Air Service; thence leaving said portion and running with the outer face of the said sea wall, and deflecting to the right with the arc of a circle the radius of which is six hundred and ninety-six and two-tenths feet, northeasterly five hundred and eighty-one and ninety-six onehundredths feet to a point of tangency; thence still with said outer face south seventy-one degrees fifty minutes fifty-four seconds east five hundred and twenty-one and fifty-two one-hundredths feet, more or less; thence leaving the said sea wall and running due south one thousand five hundred and ninety-eight feet, more or less, to intersect the original high water line of the Anacostia River; thence with said line north sixty-three degrees eleven minutes west one hundred and sixty-seven and sixty-one one-hundredths feet, north fifty-six degrees nine minutes west one hundred and nine and thirteen one-hundredths feet, north fifty-seven degrees fifty-six minutes west ninety-five and eighty-six one-hundredths feet, north forty-six degrees thirty-eight minutes west one hundred and seventythree and forty-seven one-hundredths feet, north forty-seven degrees thirty-one minutes west one hundred and thirty-nine and fifty-seven |