BRIDGE ACROSS MONONGAHELA RIVER AT OR NEAR STAR CITY, W. VA. FEBRUARY 27, 1931.-Referred to the House Calendar and ordered to be printed Mr. WYANT, from the Committee on Interstate and Foreign Commerce submitted the following REPORT [To accompany H. R. 17277] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 17277) to extend the times for commencing and completing the construction of a bridge across the Monongahela River at or near Star City, W. Va., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Line 7, strike out the date "May 16" and insert the date "June 23" in lieu thereof. Line 8, strike out the date "May 16" and insert the date "June 23" in lieu thereof. The bill has the approval of the War Department, as will appear by the letter attached. WAR DEPARTMENT, February 27, 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. 17277, 71st Cong., 3d sess.) to extend the times for commencing and completing the construction of a bridge across the Monongahela River at or near Star City, W. Va., if amended as indicated thereon. PATRICK J. HURLEY, Hon. JAMES S. PARKER, 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. 17277, transmitted with your letter of February 26 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 16, 1931, the times for commencing and completing the construction of the bridge across the Monongahela River at or near Star City, W. Va., authorized by act of Congress approved May 16, 1930, to be built by the Monongahela Bridge Co., its successors and assigns. The State Bridge Commission of West Virginia contemplates the construction of a bridge across the Monongahela River at or near Star City, and bills are now pending in Congress (H. R. 17134 and S. 6190) to authorize the State to construct a bridge at this point. It is the policy and purpose of the State of West Virginia to do away with every private toll bridge within the State and it has created a State Bridge Commission with powers and authority to this end. To extend the time allowed under the existing law to the permittee under the act of May 16, 1930, for commencing and completing the construction of the bridge, can only add to the difficulties of the State Bridge Commission by perpetuating for an additional 12 months' period private rights already created by act of Congress, which can only operate to the disadvantage of the State. The department, therefore, would urge against favorable action on this bill. Sincerely, R. W. DUNLAP, Acting Secretary. The act of Congress approved June 23, 1930, referred to in the bill, is as follows: [PUBLIC-No. 422-71st Congress] [H. R. 11934] AN ACT Authorizing the Monongahela Bridge Company, its successors and assigns, to construct, maintain, and operate a bridge across the Monongahela River at or near the town of Star City, West Virginia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the Monongahela Bridge Company, its successors and assigns, be, and is hereby, authorized, subject to the approval of the State Bridge Commission of West Virginia, to construct, maintain, and operate a bridge and approaches thereto across the Monongahela River, at a point suitable to the interests of navigation, at or near the town of Star City, West Virginia, 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. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, any political subdivision thereof, 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 such State 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. 3. If such bridge shall at any time be taken over or acquired by the State of West Virginia or by any municipality of public agency or other political subdivision thereof, under the provisions of section 2 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. 4. The said Monongahela 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 department of the State of West Virginia, 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 at the request of the highway department of the State of West Virginia, 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 Monongahela 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 2 of this act, subject only to review in a court of equity for fraud or gross mistake. SEC. 5. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to the Monongahela 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. 6. The right to alter, amend, or repeal this act is hereby expressly reserved. DISPOSITION OF USELESS PAPERS IN THE DEPARTMENT OF LABOR FEBRUARY 28, 1931.-Ordered to be printed Mr. WASON, from the Joint Committee on Disposition of Useless Executive Papers, submitted the following REPORT [Useless papers in Department of Labor] The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and on the part of the House of Representatives, to which are referred the reports of the heads of departments, bureaus, etc., in respect to the accumulation therein of old and useless files of papers which are not needed or useful in the transaction of the current business therein, respectively, and have no permanent value or historical interest, with accompanying statements of the condition and character of such papers, respectfully report to the Senate and House of Representatives, pursuant to an act entitled "An act to authorize and provide for the disposition of useless papers in the executive departments," approved February 16, 1889, as follows: Your committee have met and, by a subcommittee appointed by your committee, carefully and fully examined the said reports so referred to your committee and the statements of the condition and the character of such files and papers described therein, and we find and report that the files and papers described in the report of the Department of Labor to the Seventy-first Congress, third session, dated February 18, 1931, are not needed in the transaction of the current business of such department and have no permanent value or historical interest. We recommend that, as required by law, the Department of Labor sell as waste paper or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States and make report thereof to Congress. Respectfully submitted to the Senate and House of Representatives. EDWARD H. WASON, R. A. GREEN, Members on the part of the House. JESSE H. METCALF, ROYAL S. COPELAND, Members on the part of the Senate. |