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BRIDGE ACROSS OHIO RIVER AT OR NEAR CANNELTON,
FEBRUARY 12, 1931.-Referred to the House Calendar and ordered to be printed
Mr. JOHNSON of Indiana, from the Committee on Interstate and Foreign Commerce, submitted the following
[To accompany H. R. 16907]
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 16907) to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Ind., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows:
Line 7, after the figures "1929," insert the following, "heretofore extended by act of Congress approved May 13, 1930,"; after the word "hereby" insert the word "further".
The bill has the approval of the War Department, as will appear by the letter attached.
WAR DEPARTMENT, February 12, 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. 16907, Seventy-first Congress, third session, to extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Ind., if amended as indicated in red thereon.
PATRICK J. HURLEY,
Hon. JAMES S. PARKER,
Chairman Committee on Interstate and Foreign Commerce,
DEPARTMENT OF AGRICULture, Washington, D. C., February 11, 1931.
House of Representatives.
DEAR MR. PARKER: Careful consideration has been given to the bill (H. R. 16907) transmitted with your letter of February 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 March 1, 1931, the times for commencing and completing the construction of the bridge across the Ohio River at or near Cannelton, Ind., authorized by act of Congress approved March 1, 1929, to be built by the Hawesville & Cannelton Bridge Co. Routes on the system of Federal-aid highways approved for the States of Kentucky and Indiana pass through Hawesville on the Kentucky side of the river and terminate at Cannelton on the Indiana side.
When the original bill to authorize the construction of this bridge was pending before your committee, this department submitted an adverse report thereon. It still is the view of the department that a private toll bridge should not be constructed at this point. Furthermore, the beneficiaries under the original authorization already have had practically two years within which to commence construction of the bridge and there does not appear to be any justifiable reason for the proposed extension of time. The department, therefore, would recommend against favorable action on the bill.
C. F. MARVIN, Acting Secretary. The acts of Congress referred to in this bill are as follows:
[PUBLIC-No. 883-70TH CONGRESS]
[H. R. 16565]
AN ACT Authorizing the Hawesville and Cannelton Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Ohio River at or near Cannelton, Indiana
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, Hawesville and Cannelton Bridge Company, its successors and assigns, be and are 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 Cannelton, Perry County, Indiana, 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 Hawesville and Cannelton 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 for public purposes in such State.
SEC. 3. The said Hawesville and Cannelton Bridge Company, its successors 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 Indiana, the State of Kentucky, 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 ten 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 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. Hawesville and Cannelton 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 Indiana and Kentucky, 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 Hawesville and Cannelton 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 Hawesville and Cannelton 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. All contracts made in connection with the construction of the bridge authorized by this act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway departments of the States in which such bridge is located. A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with.
SEC. 9. The right to alter, amend, or repeal this act is hereby expressly reserved.
Approved, March 1, 1929.
[PUBLIC NO. 198-718T CONGRESS]
[H. R. 10258]
AN ACT To extend the times for commencing and completing the construction of a bridge across the Ohio River at or near Cannelton, Indiana
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 the bridge across the Ohio River at or near Cannelton, Indiana, authorized to be built by the Hawesville and Cannelton Bridge Company, by the act of Congress approved March 1, 1929, are hereby extended one and three years, respectively, from March 1, 1930.
SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, May 13, 1930.
The Hon. James W. Dunbar, who introduced this bill, has submitted the following information with respect thereto:
HOUSE OF REPRESENTATIVES, Washington, D. C., February 10, 1931.
Hon. JAMES S. PARKER,
Chairman Interstate and Foreign Commerce Committee,
House of Repersentatives.
DEAR COLLEAGUE: I am inclosing a copy of a letter I am sending to Representative Denison, which is also a reply to your letter of February 7. With kind regards, I remain, Very truly yours,
JAMES W. DUNBAR, M. C.
FEBRUARY 10, 1931.
Hon. EDWARD E. DENISON,
Chairman Subcommittee on Interstate and Foreign Commerce,
DEAR COLLEAGUE: The building of the Hawesville-Cannelton Bridge has been delayed because of financial conditions. However, the contract has been let to the Neeld Construction Co., of Pittsburgh, and they expect to begin work within 60 days. There is nothing in the way now to prevent the building of the bridge except an extension of the time. I certainly trust and hope you will give this your very best consideration.
Thanking you, and with kind regards, I remain,
JAMES W. Dunbar, M. C.
AUTHORITY OF THE SECRETARY OF THE INTERIOR TO ENTER INTO A CONTRACT WITH THE RIO GRANDE PROJECT
February 12, 1931.—Referred to the House Calendar and ordered to be printed
(To accompany S. J. Res. 222]
Mr. ARENTZ, from the Committee on Irrigation and Reclamation, submitted the following
Hon. ADDISON T. SMITH,
The Committee on Irrigation and Reclamation, to whom was referred S. J. Res 222, relating to the authority of the Secretary of the Interior to enter into a contract with the Rio Grande project, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.
In support of this measure there is attached hereto a report from the Secretary of State, and also a copy of report from the Secretary of the Interior addressed to the chairman of the Senate Committee on Irrigation and Reclamation, as follows:
House of Representatives.
DEPARTMENT OF STATE, Washington, February 4, 1931.
SIR: I have received your letter of February 2, 1931, inclosing a copy of S. J. Res. 222, together with the report of the Senate Committee on Irrigation and Reclamation thereon. The resolution relates to the authority of the Secretary of the Interior to enter into a contract with the Rio Grande project and has been favorably reported by the committee.
The interest of this department is directed particularly to any effect which the proposed legislation might have on the activities of the International Water Commission, United States and Mexico, and on the obligations of this country to Mexico which exist under the provisions of a treaty negotiated in 1906 with the Republic of Mexico and proclaimed January 16, 1907, by which the United States must deliver 60,000 acre-feet of water annually for irrigation use to Mexico. The United States Government is therefore vitally interested in the operation of the Elephant Butte Dam and such other works of the Rio Grande Federal irrigation project as are necessary for the delivery of this water to Mexico.
As stated in the memorandum prepared by the Commissioner of Reclamation and forwarded to your committee by the Secretary of the Interior, the Interior Department has indicated to the water users of the Rio Grande project its willingness to accede to the request, for which the present proposed legislation is to be authority, only upon the condition that the water users take over and operate the