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BRIDGE ACROSS THE MISSISSIPPI AT NEW BOSTON, ILL.

May 29, 1935.-Referred to the House Calendar and ordered to be printed

Mr. KELLY, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

[To accompany H. R. 7780)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7780) to extend the times for commencing and completing the construction of a bridge across the Mississippi River at or near New Boston, Ill., 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 on a similar bill.

WAR DEPARTMENT,

April 23, 1935. 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. 7567, Seventy-fourth Congress, first session, to further revive and reenact the act entitled “An act authorizing D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois”, approved March 3, 1931, if amended as indicated in red thereon.

Geo. H. DERN, Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., April 27, 1935. Hon. Sam RAYBURN, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. RAYBURN: Careful consideration has been given to the bill H. R. 7567, transmitted with your letter of April 19 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would further revive and reenact the act of March 3, 1931, which authorized the individuals therein named, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at or near New Boston, Ill.

When the original bill to authorize the parties named to construct this bridge was pending, this Department recommended against its enactment. Under date of March 8, 1934, the Department also submitted an adverse report on a bill then pending to revive and reenact the enactment of March 3, 1931, to authorize the parties named to construct this bridge. Notwithstanding the Department's adverse report and the reasons therein stated, the bill to revive and reenact the original act was passed by Congress and approved April 30, 1934 (48 Stat. 652).

The Department is still of the view that a private toll bridge should not be authorized at the point proposed. It, therefore, recommends against favorable action on the bill. Sincerely,

M. L. Wilson,

Acting Secretary.

[PUBLIC_No. 818—71st CONGRESS)

(S. 6266] AN AOT Authorizing D. 8. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John E. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois.

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, D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near the town of New Boston, Illinois, 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 D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, 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 D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, 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 Illinois, the State of Iowa, 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 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 (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 interest 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 interest in real property; and (4) actual expenditures for necessary improvements. If the bridge is not taken over by the States as provided in section 4 after the amortization of the senior securities the net revenue in excess of 8 per centum of the cost of the structure as provided in section 6 shall form a sinking fund which shall be applied in reducing the cost of making the structure a free bridge to the States or adjacent counties desiring to take it over, maintain, and operate it.

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 a 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 he 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. D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, 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 Illinois and Iowa, 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 the 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 D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, shall make available all of the 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, tinancing, 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 D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, 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, are 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, March 3, 1931.

[PUBLIC-No. 187--73D CONGRESS)

(H. R. 8429) AN ACT To revive and reenact the Act entitled "An Act authorizing D. 8. Prentiss, R. A. Salladay,

Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near the town of New Boston, Illinois", approved March 3, 1931.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved March 3, 1931, granting the consent of Congress to D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at a point suitable to the interests of navigation, at or near the town of New Boston, Illinois, be, and the same is hereby, revived and reenacted: Provided, That this Act shall be null and void unless the actual construction of the bridge and approaches thereto herein referred to be commenced within one year and completed within three years from the date of approval hereof.

SEC. 2. The right to alter, amend, or repeal this Act is hereby pressly served. Approved, April 30, 1934.

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BRIDGE ACROSS THE RED RIVER FROM MOORHEAD,

MINN., TO FARGO, N. DAK.

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May 29, 1935.-Referred to the House Calendar and ordered to be printed

Mr. EICHER, from the Committee on Interstate and Foreign Com

merce, submitted the following

REPORT

[To accompany H. R. 7809]

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The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7809) to extend the times for commencing and completing the construction of certain bridges across the Red River, between Moorhead, Minn., and Fargo, N. Dak., having considered the same, report thereon with a recommendation that it pass with the following amendments:

Page 1, line 4, strike out "certain" and insert in lieu thereof "two free highway".

Page 1, line 7, following the word “Dakota” insert a comma.
Amend the title so as to read:

A bill to extend the times for commencing and completing the construction of certain free highway bridges across the Red River, from Moorhead, Minnesota, to Fargo, North Dakota.

The bill has the approval of the War and Agriculture Departments, As will appear by the letters attached on a similar bill.

WAR DEPARTMENT, April 26, 1935. 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 ob ion to the favorable consideration of the accompanying bill, (H. R. 7654, 74th Cong., 1st sess.) authorizing the State highway departments of the States of Minnesota and North Dakota to construct, maintain, and operate certain free highway bridges across the Red River from Moorhead, Minn., to Fargo, N. Dak., if amended as indicated in red thereon.

Geo. H. DENN., Secretary of War.

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