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 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 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 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. H. A. Rinder, his 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 Nebraska and South Dakota, 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 H. A. Rinder, his heirs, legal representatives, and assigns, shall make available all of his 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 H. A. Rinder, his 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, 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 22, 1928. [PUBLIC-No. 1032-70TH CONGRESS] H. R. 17208) AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebraska 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 Missouri River at or near Niobrara, Nebraska, authorized to be built by H. A. Rinder, his heirs, legal representatives, and assigns, by act of Congress approved May 22, 1928, are hereby extended one and three years, respectively, from May 22, 1929. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 4, 1929. The bill as amended 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, November 29, 1929. 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. 5573, 71st Cong., 1st sess.), to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebr., if amended as indicated in red thereon. Hon. JAMES S. PARKER, PATRICK J. HURLEY, Acting Secretary of War. DEPARTMENT OF AGRICULTURE, Washington, D. C., November 30, 1929. Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 5573, transmitted with letter of November 23 from Elton J. Payton, clerk, 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 May 22, 1930, the times for commencing and completing the construction of a bridge across the Missouri River at or near Niobrara, Nebr., authorized by act of Congress approved May 22, 1928, to be built by H. A. Rinder, his heirs, legal representatives, and assigns. The location indicated for the proposed bridge is on the system of Federal-aid highways approved for the States of South Dakota and Nebraska. When the original bill to authorize Mr. Rinder to construct this bridge was pending in Congress, this department, upon request from the Senate Committee on Commerce, reported adversely thereon. It still is the view of the department that a private toll bridge should not be constructed at this place. It, therefore, recommends against favorable action on the pending bill Sincerely, C. F. MARVIN, Acting Secretary. BRIDGE ACROSS MISSISSIPPI RIVER AT SAVANNA, ILL. JANUARY 16, 1930.-Referred to the House Calendar and ordered to be printed Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 5623] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 5623) authorizing C. N. Jenks, F. J. Stransky, L. H. Miles, John Grandy, and Bruce Machen, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near Savanna, 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 and which is made a part of this report. Hon. W. R. Johnson, who introduced this bill, has submitted the following information with respect thereto: Mr. ELTON J. LAYTON, HOUSE OF REPRESENTATIVES, Washington, D. C., December 16, 1929. Clerk Interstate and Foreign Commerce Committee, House of Representatives, City. DEAR MR. LAYTON: Receipt of your letter of the 14th instant relative to bill H. R. 5623 is duly acknowledged. 1. There is no ferry now in operation at or near the proposed location of the bridge upon which tolls are charged for crossing the river. 2. All people in the vicinity of the proposed bridge are desirous of having a toll bridge constructed at that place. 3. There is manifested considerable public sentiment in favor of the construction of such bridge. 4. The State or county or municipality in which the bridge is to be located is not in a financial condition to finance and construct a free bridge in that locality. 5. I am positive there is no probability that the State, county, or municipality will, in the near future, construct a free bridge in that locality. People within a radius of 60 or more miles are deeply interested in this bill and trust that Congress will pass it this session. It is a matter of great importance to my people. I sincerely trust that favorable action on the bill will be taken as soon as it is possible to do so. Sincerely yours, W. R. JOHNSON. WAR DEPARTMENT, December 31, 1929. Respectfully returned to the chairman, Committee on Interstate and Foreign Commerce, House of Representatives. The accompanying bill, H. R. 5623, Seventy-first Congress, second session, would, if passed, authorize C. N. Jenks, F. J. Stransky, L. H. Miles, John Grandy, and Bruce Machen, to construct a bridge across the Mississippi River at or near Savanna, Ill. Attention is invited to Public 715, Seventieth Congress, which extends the times for commencing and completing the construction of a bridge at the same locality, authorized to be built by the States of Illinois and Iowa, by the act of Congress approved May 26, 1924, as revived and reenacted by act of Congress approved March 10, 1928. No objection is interposed to the passage of the accompanying bill, with the understanding that but one bridge is actually to be constructed at the locality in question. PATRICK J. HURLEY, Secretary of War. Hon. JAMES S. PARKER, DEPARTMENT OF AGRICULTURE, Washington, D. C., December 21, 1929. Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill (H. R. 5623) transmitted with your letter of December 12 with request for a report thereon and such views relative thereto as the department might desire to communicate. This bill would authorize C. N. Jenks, F. J. Stransky, L. H. Miles, John Grandy, and Bruce Machen, their heirs, legal representatives, and assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Savanna, Ill. The attention of the committee is invited to the fact that Congress passed an act which was approved February 9, 1929, providing for extending the times for one and three years, respectively, from March 10, 1929, for commencing and completing the construction of a bridge across the Mississippi River at this point, which already had been authorized to be built by the States of Illinois and Iowa or by either of them. It therefore is the view of this department that no authorization should be granted to any private interest for the construction of a toll bridge across the Mississippi River at the point proposed. Sincerely, R. W. DUNLAP, Acting Secretary. BRIDGE ACROSS FOX RIVER AT NORTH AURORA, ILL. JANUARY 16, 1930.-Referred to the House Calendar and ordered to be printed Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 6133] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 6133), granting the consent of Congress to the township of Aurora, Ill., to construct, maintain, and operate a free highway bridge across the Fox River at or near the village fo North Aurora, Ill., having considered the same, report thereon with a recommendation that it pass. The bill 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, 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. 6133, Seventy-first Congress, second session, granting the consent of Congress to the township of Aurora, Ill., to construct a free highway bridge across the Fox River at or near the village of North Aurora, Ill. Hon. JAMES S. PARKER, PATRICK J. HURLEY, DEPARTMENT OF AGRICULTURE, Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 6133, transmitted with your letter of December 12 with request for a. report thereon and such views relative thereto as the department might desire to communicate. This bill would authorize the township of Aurora, Ill., to construct, maintain, and operate a free highway bridge and approaches thereto across the Fox River at or near State Street in the village of North Aurora, State of Illinois. Favorable action on the bill is recommended. Sincerely, C. F. MARVIN, Acting Secretary. O |