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 486 SEVENTIETH CONGRESS. SEss. I. Cii. 488 . 1928 . Henderson-Ohio River Bridge Company, its successors and assigns, for the purpose of providing the funds with which to construct tee for Appointment Ae etc. us- said bridge and its approaches. Any mortgage or deed of trust issued by the Henderson-Ohio River Bridge Company, its succes- sors and assigns, to secure funds for the construction of said bridge and its a pproaches, sha ll provide fo r the appoint ment of the Ke n- tucky State Highway Commission, or such bank or bank and trust comp any in Hende rson County, Kent ucky, as sa id Com missio n may demp tion of bonds. rev obos for re- designate as trustee, and the net revenues received from the use . of such bridge as provided for in this section, shall be paid to the trustee and used for the payment or redemption, at par, as soon as possible, of all bonds issued and sold in connection with the con- after pto stoc k nt° of struction of such bridge ; after all such bonds have been paid or bonds. retired, the trustee shall continue to act as such and shall apply the net proceeds from the use of such bridge as rapidly as possible to the retirement of the outstanding stock at par issued by the Interest and dividend Henderson-Ohio River Bridge Company in connection with the rates. construct ion of such br idge. No bonds or stock issued and sold for the purpose of providing funds for the construction of said Issue limit. bridge, its approaches and appurtenances, shall bear interest or pay dividends at a rate exceeding 7 per centum per annum. Such bond s and stock so issued shall not exceed in the aggregate the total actual cost of constructing such bridge and its approaches and any real estate that may be necessarily required in connection there- with, and organization and financing charges, not exceeding 10 per centum of the actual cost of constructing such bridge and approaches and acquiring such real estate. red emp tio nof fal bo nds SE C. 5. When all of the bonds and stock issued and sold in con- and stock, bridge to nection w ith the constr uction of sai d bridge shal l have been pa id become property of Kentucky. or redeem ed, or shall h ave been call ed for paymen t or redemptio n, and the funds with which to redeem such as shall not have been presented for redemptio n shall have been provided, the bridge a nd conveyance by its approaches and appurtenances shall thereupon be and become the Bridge Company. property of the State of Kentucky, and the proper officials or agents of the Henderson-Ohio River Bridge Company, its successors and assigns, shall immediat ely, by prope r deed of con veyance, conve y, transfer, and assign to the State Hi ghway Commiss ion of the Sta te of Kentucky, the said bridge and its approaches and all real estate, franchises and other property necessarily held in connection there- To be a free bridge. with. Thereafter such bridge shall be maintained and operated free Record of expendi- of toll An accurate record of the costs of the bridge, its approaches tures and receipts. and appurtenances, the expenditures for maintaining, repairing, and operating the same and for taxes, insurance, betterments, and other necessary charges and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. ized, afte r Acquisiti on Auteric c omp let ion , SEC. 6 . After the completion of such bridge, the State of Ken- by Kentucky, etc. tucky, th rough its Stat e highway com mission, or, with the conse nt and approval of the State highway commission, the County of Henderson, may, at any time, acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in conde mnati on pro - real property necessary therefor, by purchase or by condemnation, or ceedings. expropriation, in accordance with the laws of the State of Ken- Compensation tuc ky g over ning the acq uisi tion of priv ate prop erty for pub lic pur- acquired by condemif f poses by condemnation or expropriation. If the bridge and its tion. approaches and appurtenances are acquired by condemnation, the amount of damages or compensation to be allowed shall be such an amount as will equal the amount necessary to redeem and retire all the bonds and stock outstanding at the time of such condemnation proceedin gs.

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 SEVENTIETH CONGRESS. SEss. I. CHs. 488-490. 1928 . 487 SEc. 7. If such bridge shall at any time be taken over or acquired etc Tolls under state, by the State of Kentucky, or by Henderson County, as provided by section 6 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 to ation, sinking Ra tes s in ktc. ng fun d, etc . repay for the reasonable cost of maintaining, repairing and operating the bridge and its approaches under economic management and to provide a sinking fund sufficient to amortize the amount paid there- for, including the reasonable interest and financing cost, as soon as osslble under reasonable char es Afte r a sink ing fund suf fici ent Maintenance as free . bri or such amortization shall have been so provided, such bridge shall c osdge aft er am ortiz ing thereafter be maintained and operated free of tolls. Rig ht to sell, etc ., SEc. 8. The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Act is hereby granted t o Hend erson- Ohio R iver Bridge Compa ny, i ts suc cessor s and as- signs, 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 conferr ed herein dir ectly upon su ch corporation or person. SEc. 9. The right to alter, amend, or repeal this Act is hereby ex- pressly reserved. Approved, May 3, 1928. CHAP. 489.-Joint Resolution To provide for the membership of the United States in the American International Institute for the Protection of Childhood. Re solved by the Senate and House of Representatives of the United States o f America in Congress assembled, That to enable the United States to become a member of the American International Institute for the Protection of Childhood at Montevideo, Uruguay, there is hereby authorized to be appropriated the sum of $2,000 per annum for the contribution by the United States toward the support of the institution. Approved, May 3, 1928. CHAP. 490.-Joint Resolution Requesting the President to extend to the Republics of America an invitation to attend a Conference of Conciliation and Arbitration to be held at Washington during 1928 or 1929. Resolved by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the President be, and he is hereby, requested to extend to the Republics of America an invitation to attend a conference of conciliation and arbitration to be held at Washington during 1928 or 1929, for the purpose of drawing up a convention for the realization of the principle of arbi- tration for the pacific solution of their international differences of a juridical nature which was adopted in the resolution passed at the Sixth International Conference of American States. Sr-,c. 2. That the sum of $60,000, or so much thereof as may be necessary, is hereby authorized to be appropriated for the expenses of such conference, including salaries in the District of Columbia or elsewhere, rent, printing and binding, printing of official visit- ing cards, travel and subsistence or per diem in lieu of subsistence (notwithstanding the provisions of any other Act), stenographic and other services by contract if deemed necessary, and such other expenses as may be deemed necessary by the Secretary of State by reason of such invitation. Appro ved, M ay 3, 1928. Amendment. May 3, 1928. [H.J. Res.230.1 [Pub . Res., No.31 .] American In terna- tional Institute for Pro- tection of Childhood. Annual contribution authorized for member- ship in. Post, pp. 913, 1106. May 3, 1928. [H. J.Res.262.1 [Pub. Res., No. 32 .] Conference of Concili- ation and Arbitration. Amer ican Repu blic s invited to attend, at Washington. Amount authorized for expenses. Post, p. 912.

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244 D'Urfey said: "The town may da-da-da-mn me as a poet, but they sing my songs for all that."

He collected his songs into six volumes, published under the title of Wit and Mirth, or Pills to Purge Melancholy, which went through several editions. In that for 1719 all the songs in the first two volumes are his own; other songs, many of them folk ballads, he tampered with, and added coarsenesses of his own not in the original. The book was published by Playford, and the melodies are not always correctly printed. Most of his airs were folk melodies; many of them, doubtless, heard by him when he was young in Devonshire, for there they are still employed to ballads he recast.

Writing to Henry Cromwell, 10th April, 1710, Alexander Pope says: "I have not quoted one Latin author since I came down, but have learned without book a song of Mr. Thomas Durfey's, who is your only poet of tolerable reputation in this country. He makes all the merriment in our entertainments, and but for him, there would be so miserable a dearth of catches, that, I fear, they would put either the Parson or me upon making some of 'em. Any man, of any quality, is heartily welcome to the best topeing-table of our gentry, who can roar out some rhapsodies of his works; so that in the same manner as it was said of Homer to his detractors, What! dares any man speak against him who has given so many men to eat? (meaning the rhapsodists who lived by repeating his verses). Thus may it be said of Mr. Durfey to his detractors, Dares any one despise him, who has made so many men drink? Alas, Sir! this is a glory which neither you nor I must ever pretend to. Neither you with your Ovid, nor I with my Statius, can amuse a board of Justices and extraordinary Squires, or gain


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 488 SEVENTIETH CONGRESS. SESS. I. CHs. 491-493 . 1928 . May 3, 1928. CHAP. 491 .-Joint Resolution To provide for the payment of an indemnity [H.J. Res. 145.] to the Chinese Government for the death of Chang Lin and Tong Huan Yah, r me [Pub. Res. No. 33.] alleged to have been killed by members of the armed forces of the United States. inse Govern- Resolved by the Senate and House of Representatives of the Payment to, directed United States o f America in Congress assembled, That the Secretary indemnit y for deaths of Chang Lin and Tong of the Treasury be, and he is hereby, directed to pay to the Chinese Huan Yah. G over nmen t, as a matt er of gr ace and with out refe renc e to the question of liability therefor, the sum of $1,000 as full indemnity for the death of Chang Lin, alleged to have been killed by a member of the United States Infantry at Leichuan, China, on May 4, 1923, the sum to be for the benefit of the family of said Chang Lin, and the sum of $100 as full indemnity for the death of Tong Huan Yah, a lleged to have been killed by me mbers of the crew of the United States ship Elcano while engaged in target practice at Hankow, China, on March 26, 1923, the sum to be for the benefit of the father of said Tong Huan Yah, as set forth in the message of the President of J anuary 4, 1928, prin ted as Sen ate Docume nt Numbere d 34, Appropriation an- Seventieth Congress, first session ; and there is hereby authorized to th pos ,P. 911 . be appropriated, out of any money in the Treasury not otherwise appropriated, a sufficient sum to carry out the purpose of this Act. Approved, May 3, 1928 . May 3, 1928. [H.J. Res. 146 .1	 CHAP. 492.-Joint Resolution To provide for the payment of an indemnity [Pub. Res. No. 34 .1 to the Dominican Republic for the death of Juan Soriano, who was killed by the landing of an airplane belonging to the United States Marine Corps. Dominican Repub- Resolved by the Senate and House of Representatives of the lie. United States of America in Congress assembled, That the Secretary Payment to, directed as indemnity for death of the Treasury be, and he is hereby, directed to pay to the Domini- of Juan soriano. can Republic, as a matter of grace and without reference to the que stion of liabili ty there for, the sum of $2,000, as full indemnit y for the death of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps, on October 2, 1923, at Guer ra, Do minic an Re public, as set forth in the message of the President of December 12, 1927, printed as Senate Document Numbered 13, Seventieth Congress, first session ; thA pZed .priat ion au- and there is hereby authorized to be appropriated, out of any money Post, p. 911. in the Treasury not otherwise appropriated, a sufficient sum to carry out the purpose of this Act. Approved, May 3, 1928 . May 3, 1928. [H.J. Res. 151.] [P ub . Res . No.35.] China. Payment to, directed as indemnity for death of Sun Jui-chin. Appropria tion au- thorized. Post, p. 91L CHAP. 493 .-Joint Resolution To provide for payment of the claim of the Gover nment o f Chin a for c ompensa tion o f Sun J ui-chin for i njuries result ing fr om an assault on him by a private in the United States Marine Corps. Resolved by the Senate and House of Representatives o f the United States of America in Congress assembled, That the Secretary of the Treasur y be, an d he is hereby, directed to pay to the G overn- me nt of China, as a matter of gr ace and wi tho ut reference to the question of liability therefor, a sum equivalent to $500 Mexican as full indemnity for injuries to Sun Jui-chin resulting from an assault up on him in Chi na by a pr iv ate in the United States Marine Corps on Ju ne 11, 192 3, as recommended in the me ssa ge of the President of Dece mber 17, 192 7, p rint ed as Se nate Doc umen t Nu mber ed 23, Seventieth Con ress, first session ; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sum sufficient to carry out the purpose of this Act. Approved, May 3, 1928.

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 SEVENTIETH CONGRESS. SESS. I. CHs. 494-496 . 1928 . 489 CHAP. 494. -Joi nt R esol ution To prov ide for the paym ent of a n ind emni ty May 3,1928. to the British Government to compensate the dependents of Edwin Tucker, a 1H. J. Res. 148.1 British subject, alleged to have been killed by a United States Army ambulance [P ub . Res. No . 36.1 in Colon, Panama. Resolved b y the Senate and House o f Representatives o f the United British Government. States o f America in Congress assembled, That the Secretary of the Payment to, directed Treasury be, and he is hereby, directed to pay to the British Govern- as indemnity kerdeath ment, as a matter of grace and without reference to the question of liability therefor, the sum of $2,500 as full indemnity for the death of Edwin Tucker, a British subject alleged to have been killed by a United States Army ambulance in Cglon, Panama, on or about December 6, 1924, as set forth in the message of the President of December 17, 1927, and printed as Senate Document Numbered 20, Seventieth Congress, first session ; and there is hereby authorized Appropriation au- y thorized. to be appropriated, out of any money in the Treasury not otherwise Pest, p. 911. appropriated, a sufficient sum to carry out the purpose of this Act. Approved, May 3, 1928. May 3, 1928. CHAP. 495 .-Joint Resolution To provide for the payment of an indemnity 	[R. J. Res. 150 .] to the Government of the Netherlands for compensation for personal injuries sus- [P ub . Res. No.37.] tained by two Netherlands subjects, Arend Kamp and Francis Gort, while the United States ship Canibas was loading on May 1, 1919, at Rotterdam. Netherlands. Resolved by the Senate and House of Representatives of the Payment to, author- United States o America in Congress assembled, That the Secret ar 1zed as indemnity for f y personal injuries to of the Treasury be, and he is hereby, directed to pay to the Govern- Arerds0oramp and ment of the Netherlands, as a matter of grace and without reference to the question of liability therefor, the sum of $500 as full compen- sation for personal injuries sustained by Arend Kamp, a Netherlands subject, and the sum of $500 as full compensation for personal inj uries sus taine d by Fran cis G ort, a Ne therl ands subje ct, while the United States ship Canibas was loading on May 1, 1919, at Rotterdam, as set forth in the message of the President of December 19, 1927, printed as Senate Document Numbered 30, Seventieth thArnzed .priat ion an- Congress, first session ; and there is hereby authorized to be Pest, p.912. appropriated, out of any money in the Treasury not otherwise appropriated, a sufficient sum to carry out the purpose of this Act. Approved, May 3, 1928. May 3, 1928. [H .J.Res.149.] CHAP. 496 .-Joint Resolution To authorize an appropriation for the com- [Pub. Res. No. 38.] pensation of William Wiseman. Resolved by the Senate and House o f Representatives of the Great Britain. United States o f America in Congress assembled That the Secretary Payment to, in recog- nition of services of of the Treas ury be, a nd he is hereby, d irected t o pay to Great Bri tain, William Wiseman for American interests in as an act of grace and without reference to the question of legal Mexico. liability, the sum of $9,200 in recognition of the services of William Wiseman as British vice consul at Salina Cruz, Mexico, in behalf of American interests from April 12, 1914, to December 13, 1917, as set forth in the message of the President of December 17, 1927, printed as Senate Document Numbered 22, Seventieth Congress, first thorea priation au- session ; and there is hereby authorized to be appropriated, out of Post, p.912. any money in the Treasury not otherwise appropriated, a sufficient sum to carry out the purpose of this Act, Approved, May 3, 1928.

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 490 SEVENTI ETH CON GRESS. SEss. I. CHs. 502-504 . 1928 . May 4, 1928. [H. R. 12320.1 [Public No . 349.] Longshoremen' s, etc. Be it enacted by the Senate and House of Representatives of the Compe nsat ion Act. United States o f America in Congress assembled, That in any court District attorney to proceedings under section 21 or other provisions of the Longshore- appear for Commission b m court eases. and Harb or a in the judicial all duty district Vol. 44, p. 1437. of the district attorney of the U in which the case is pending to appear as attorney or counsel on behalf of the United States Employees' Compensation Commission or its deputy commissioner when either is a party to the case or interested, and to represent' such commission or deputy in any court in which such case may be carried on appeal. Approved, May 4, 1928. May 4, 1928. [H.J. Res. 192.] [Pub. Res. No.39.] C H A P. 5 03 .-Joint Resolution To provi de for the coinage of a medal in commemoration of the achievements of Colonel Charles A. Lindbergh. Resolved by the Senate and House of Representatives of the Colonel Charles A. Lindbergh. United States o f America in Congress assembled, That in recogni- Gold medal to be tion of the achievements of Colonel Charles A. Lindbergh, the Sec- coined and p resented to. retary of the Treasury is authorized and directed to cause to be struck and presented to Colonel Charles A. Lindbergh a gold medal with suitable emblems, devices, and inscriptions to be determ ined tho riized .priation an - by the Secretary. For such purpose there is authorized to be appro- Post, p. 915. priated the sum of $1,500. to be coined a in bronze Ze Snc. 2 . The Secretary of the Treasury shall cause duplicates in bronze of such medal to be coined and sold, under such regulations as he may prescribe, at a price sufficient to cover the cost thereof Proceeds to re in- (in clud ing labo r), and the appr opri atio ns u sed for carr ying out the burse appropriation. provisions of this section shall be reimbursed out of the proceeds of such sale. Approved, May 4, 1928. May 4, 1928. [H.J. Res . 259.] [Pub. Res. No. 40.] Inter-American Highway. Preamble. Resolution of Sixth International Confer- ence of American States. Government agencies di rected to le nd co- operation and assist- ance. Post, pp . 912, 1697. CHAP. 502 .-An Act To amend the Longshoremen's and Harbor Workers' Compensation Act. CHAP. 504 .-Joint Resolution Authorizing assistance in the construction of an inter-American highway on the Western Hemisphere. Whereas the Sixth International Conference of American States, at Habana, Cuba, resolved as follows " To recommend to the Pan American Congress of Highways, which will meet at Rio de Janeiro in July of the present year, the consid eratio n and adopt ion of agree ments that will be conducive to the construction of a longitudinal communication highway to traverse the continent, taking into consideration and deciding all questions relative to studies, route, branch connec- tions, te chnical and ec onomical coop eration of the different countries, and other matters included in the determination of this prob lem . " The Pan American Union is entrusted with the compilation of information and the preparation of projects which will serve to give effect to this resolution, submitting this material in due time to the Pan American Congress of Highways ." Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Govern- ment of the United States should manifest the utmost interest in the purposes of the aforesaid resolution, and that in order to promote the speedy realization of these purposes and objects the President

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 SEVENTIETH CONGRESS. SESS. I. CHs. 504, 505 . 1928 . is requested to direct the several agencies of the Government, and they are hereby authorized to lend such cooperation and assistance as may be feasible and appropriate with a view to having the matter thoroughly considered by the approaching conference ; and he is furt her requ este d to adv ise Cong ress of any conc lusi ons reac hed and any action which may be suggested by the conference. Approved, May 4, 1928. CHAP. 505 .-An Act To authorize a permanent annual appropriation for the maintenance and operation of the Gorgas Memorial Laboratory. Be it ena cted by the Se nate and Hous e of Represen tatives of the United States of America in Congress assembled, That there is hereby authorized to be permanently appropriated for each year, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, to be paid to the Gorgas Memorial Institute of Tropical and Preventive Medicine, Incorporated (hereinafter re- ferred to as the Gorgas Memorial Institute), for the maintenance and operation by it, of a laboratory to be known as the Gorgas Memor ial Laborator y, upon condit ion (1) that the necessary build- ing or quarters for said laboratory shall be constructed within the five years next en suing after th is Act shall become a law, either upon the site offered by the Republic of Panama therefor, at, or adjacent to, the city of Panama, or upon a site in the Canal Zone to be provided by the United States ; (2) that each of the Latin- American Governments be invited and permitted to contribute an- nually, on a pro rata basis, according to population, toward the maintenance and operation of such laboratory, the total of such con- tributions not to exceed 75 per centum of the total contributed by the United States ; and (3) that in such manner as the President may d etermi ne the Unite d Sta tes be repre sente d perm anentl y on t he board or council directing the administration of such laboratory, with privilege to the Latin-American Governments contributing as a fore said to have rep rese ntat ion on s uch boar d or cou ncil representation to be based upon, and in proportion to, the actual respective contributions made to the aforesaid maintenance and o pera tion. SEC. 2 . That pending the construction of the necessary building or quarters for said Gorgas Memorial Laboratory there is hereby au- tho rized to be a ppropriated a nnually, in ma nner aforesai d, for a period not exceeding the five years hereinbefore named, said sum of $50,000, payable to the Gorgas Memorial Institute, to enable and permit to be made the organization of the said Gorgas Memorial Labor atory, and it s maintenance and operation, in temporar y quar- ters or in any existing laboratory, in the Republic of Panama, or the Canal Zone. SEC. 3. T he Gor gas Me morial Inst itute shall make to Con gress annually, on the first Monday in December, a full report of the operation and work of the Gorgas Memorial Laboratory up to the first of November next preceding, and shall include therewith a complete statement of the receipts and expenditures of said labora- tory for such fiscal year. The books and accounts of the Gorgas Memorial Laboratory shall at all times be open to examination by the Comptroller General of the United States. Approved, May 7, 1928. 54835°-29-rT 1-35 491 May 7,1928. [H . R. 8128.] [Public No. 350.] Gorg as Memori al Labo ratory. Am ount author ized annually to Gorgas Memorial Institute for maintenance and oper- ation thereof. Buildings in Panama or Canal Zone. Latin-American Gov- ernments invited to contribute. United States to be represented on admin- istration board. R epres enta tion s by other countries. Annual ap pro pr ia- t ion a utho rized for or- ganization, operation of temp orary quart ers, etc. Post, pp. 912, 1106 . Annual report of In- stitute to Congress. Examination by Comptroller General of boo ks, etc
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 492 SEVENTIETH CONGRESS. SESS. I. CHs. 506-509 . 1928 . May 7, 1M. CHAP. 506 .-An Act Authorizing the appropriation of $2,500 for the erec- [H. R.8132.] tion of a tablet or marker at Medicine Lodge, Kansas, to commemorate the [Public No. 351 .1 holding of the Indian peace council, at which treaties were made with the Plains Indians in October, 1867. Be it enacted by the Senate and House of Representatives of the Med ici ne Lodge, Kans. United States of America in Congress assembled, That the sum of for ablet to commemo- r ate prized $2,500 is hereby authorized to be appropriated to be expended, under rate Indian peace coun- the direction of the Secretary of the Interior, in the erection of a cil there in 1867. Pose, p. 902. tablet or marker at Medicine Lodge, Kansas, to commemorate the holding at Medicine Lodge, Kansas, of the Indian peace council, at which treaties were made be tween the Unit ed States and the Kiowa, Comanche, Apache, Cheyenne, and Arapahoe Indians in October, 1867 . Approved, May 7, 1928. May 7,1928 . CHAP. 507 .-An Act To amend section 9 of the Federal Reserve Act. [H. R. 10151.1 [Public, No. 352.] Be it enacted by the Senate and House of Representatives of the Federal Reserve Act Am endment. United States o f America in Congress assembled, That section 9 of. ed Vol. 40, p .234, amend- the Federal Reserve Act be amended by adding thereto a new paragraph as follows St ate banks, etc ., "All banks or trust companies incorporated by special law or be coming memb ers of organized under the general laws of any State, which are members system . Made depositaries of of the Federal reserve system, when designated for that purpose by public money and Go vernment fin ancial the Secretary of the Treasury, shall be depositaries of public money, agents . under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the Government; and they shall perform all such reasonable duties, as depositaries Deposit of security of public money and financial agents of the Government, as may be re q uired . required of th em . The Secret ary of the Tr easury shall require of the banks and trust companies thus designated satisfactory security, by the deposit of United States bonds or otherwise, for the safe k eeping and p rompt payme nt of the pu blic money deposi ted wi th them and for the faithful performance of their duties as financial agents of the Government ." Approved, May 7, 1928 . May .,1 22 .1 [H . R. 822 9 .] CHAP. 508 .-An Act For the appointment of an additional circuit judge for [Public, No . 353 .3 the sixth judicial circuit . Be it e nacted by the Senate and Ho use of Repres entatives o f t h e Fo u r judges author .. U nited States of Am erica in Co ngress assembled Th at her eaf ter our ized for sixth circuit . there shall be in the sixth circuit four circuit judges, to be appointed ame nd- ed. Vol . 4z,p .84o,amena- and to have the powers, salary, and duties prescribed in section 118 of the Judicial Code, as amended . Approved, May 8, 1928 . May, 192 8 [H. R . 12 733 :3 CHAP . 509 .-An Act To authorize the refund of certain taxes on distilled [Public, No . 354 .1 spirits . Be it enacted by the Senate and House of Representatives of the int erna l rev enue . United States o f America in Congress assembled, That in additi on Refund to owner of excess taxes paid on to the authority contained in the Act entitled "An Act to refund pa dueawarehous ehous e s in tax- taxes paid on distilled spirits in certain cases," approved February paid Vol . 43, p. 860. 11, 1925, the Commissioner of Internal Revenue may allow the claim of the owner (whether the distiller or his successor or other

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 SEVENTIETH CONGRESS. SESS. I. CHs. 509, 510, 512. 1928. 493 person) for the refund of taxes paid (whether by such owner or any other person) in excess of $2 .20 per proof gallon on any domestic dis tilled spiri ts whi ch are now i n a ta x-paid wareho use op erated in connection with and contiguous to an internal-revenue bonded warehouse, if proof satisfactory to the Commissioner of Internal Revenue is furnished of the ownership and identity of the distilled spirits as to which the refund is claimed, and of the amount of tax paid thereon . The Commissioner of Prohibition may direct that house . any spirits on which a refund of tax is paid under this Act shall be removed to and stored in a warehouse designated by him . Approved, May 8, 1928 . to ware - CHAP. 510.-An Act To amend the proviso of the Act approved August 24 M .R . 1928. [H 11629 .) 1912, with reference to educational leave to employees of tIndian Service. [Pu blic , No. 355.] Be it enacted by the Senate and House o f Representatives o f the Indian Service. United States of America in Congress assembled, That the proviso uol 37coae,9p. 706, of the Act approved August 24, 1912 (Thirty-seventh Statutes at Vol . 42, p . 829, amend. Large, page 519, United States Code, title 25, section 275), as ed. amended by the Act approved August 24,1922 (Forty-second Statutes at Large, page 829, United States Code, title 25, section 275), be, and the same is hereby, amended so that the proviso shall read : Indian schools. "Provided, That hereafter teachers of the Indian schools and ciaeache rs,aflabs i- physicians of the Indian Service may be allowed, in addition to al educational leaves of annual leave, educational leave not to exceed thirty days per calendar absence. year, or sixty days in every alternate year, for attendance at educa- tional gatherings, conventions, institutions, or training schools, if the interest of the service require, and under such regulations as the Secretary of the Interior may prescribe, and no additional salary or expense on account of this leave of absence shall be incurred ." Approved, May 8, 1928. May 9, 1928. CHAP. 512.-An Act To provide for the paving of the Government road 	(A • R .11723 .] known as the La Fayette Extension Road, commencing at Lee and Gordon's [Public,No .356.] mill, near Chickamauga and Chattanooga National Milita ry Park, and ext ending to La Fayett e, Georgi a, consti tuting an approach road to Chickamau ga and Chattanooga National Military Park . Be it enacted by the Senate and House of Representatives of the Chio kamauga and United States of America in Congress assembled, That the Secretary Chattanooga Military of War is authorized to improve and pave the Government road, Park . Amou nt authoriz ed known as the La Fayette Extension Road, commencing at Lee and for paving Gover n- Gordon's mill, near Chickamauga and Chattanooga National Military "'t Park, and extending to La Fa ette Georgia in the length of a roxi, Postt P 929 . matey twelve and ine- tenths miles, for which an app ropriat ion of no t to e xceed $193,5 00 is hereby autho rized o ut of any mo ney in the Treasury not otherwise appropriated : Provided, That no part of Pro visos. Available only when the appropriation herein authorized shall be available until the State e q ual amount contrib- of Georgia or any county or municipality or legal subdivision thereof, uted by Georgia, etc. or any S tate o r coun ty or munici pality or leg al sub divisi on the reof, or any State or county or municipal highway commission, or equiva- lent public authority shall contribute at least an equal amount for the same purpose, and the Secretary of War is hereby authorized to expend such sum as may be contributed by said local interests con- currently with the appropriation herein authorized in the improve- ment and pavement of said road : Provided further, That should the Ch ange in p osit ion State o f Geor gia or any c ounty or mun icipali ty or legal subdiv ision of road permitted. thereof, or any State or county or municipal highway commission, or

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 494 SEVENTIETH CONGRESS. SESS. I. CHs. 512, 513, 515 . 1928 . na equi valent p ublic au thority d esire th at the p osition of said road be changed in any particular from the present Government-owned right of way, and should such local interests a cquire title to the land neces- sa ry to effect su ch changes, the Secretary of War may expend the fun ds he rein a uthor ized for th e imp rovem ent an d pav ement of such itl e and smaint yet e- road as change d : And p rovid ed fur ther, That no part of the appro- Extension Road re- priation herein authorized shall be expended until the State of quired of State, etc. Georgia, or the counties or municipalities thereof concerned, have acc epted title to the present Gover nment -owned road known as the La Fayette Extension Road and have obligated themselves in writing to the satisfaction of the Secretary of War that they will maintain said road as built under the provisions of the Act approved March 3, 1925 (Forty-third Statutes at Large, page 1104), immediately upo n the co mple tion of such imp rove ment s as may be made und er this appropriation. Appr oved, May 9, 1928 . Vol. 43, p. 1104. May 9, 1928. [s. 3791.] [Public, No. 357 .] Memorial Day, 1928. Appropriation to aid Grand Army of the Re- public services at Ar- lington Cemetery. Disbursement. May 10, 1928. [H . R. 11482 .] [Public, No. 358 .] Zachary Taylor. Burial grounds, etc ., of former President. Vol . 43, p. 970, amend- ed . Post p. 929. Title accepted from Kentucky, etc . To be known as Zachary Taylor Na- ti onal Ceme tery. CHAP. 513 .-An Act To aid the Grand Army of the Republic in its Memo- rial Day services, May 30, 1928. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Th at the sum of $2,000 be, and the s ame hereby is, appropriated to aid the Grand Army of the Republic (Incorporated) in its Memorial Day services, May 30, 1928, and in the decoration of the graves of the Union soldiers, sailors, and marines with flags and flowers in the national cemeter ies in t he Distr ict of C olumbia and in t he Arlin gton Nat ional Cem et ery in Virginia. SEC. 2. That said fund shall be paid to the quartermaster of the Gra nd Army of the Republic, d epa rtm ent of the Po tom ac, for disbursement. Approved, May 9, 1928. CHAP. 515 .-An Act To amend section 2 of an Act entitled "An Act to authorize an appropriation for the care, maintenance, and improvement of the buria l gro unds cont ainin g the rem ains of Za chary Tay lor, forme r Pr eside nt of the United States, and the memorial shaft erected to his memory, and for other p urpos es," appr oved Febru ary 2 4, 1 925. Be it enacted by the Senate and Ho use of Representatives of the United States o f America in Congress assembled, That section 2 of an Act entitled "An Act to authorize an appropriation for the care, maintenance, and improvement of the burial grounds containing the remains of Zachary Taylor, former President of the United States, and th e mem orial shaft erected to his memor y, an d for other pur- poses," approved February 24, 1925, is hereby amended to read as foll ows " SEC. 2. That the Secretary of War be, and he is hereby, authorized to accept, free of cost to the United States, fr om the State of Kentucky, and from any others having authority to donate the same, the la nd comprising the aforesaid burial grounds, and su ch other and additional land contiguous or adjacent thereto as in his judgment may be deemed advisable; and upon the conveyance to the United States of a valid, fee-simple title to said land or lands the Secretary of War is authorized and directed to establish thereon a national cemetery, to be known as the Zachary Taylor National Cemetery ." Ap prove d, May 10, 1928.

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 S EVEN TIET H CONGRESS. SESS. I. CHs. 516, 517 . 1928 . C H A P. 516 .-An Ac t To provide for the times and places fo r holding court for the Eastern District of North Carolina. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the terms of the District Court for the Eastern District of North Carolina shall be held at Durham on the first Monday in March and September ; at Raleigh a one-week civil term on the second Monday in March and September, and a criminal term only on the second Monday after the fourth Monday in April and October ; at Fayetteville on the third Monday in March and September ; at Elizabeth City on the fourth Monday in March and September ; at Washington on the first Monday in April and October ; at New Bern on the second Monday in April and October ; at Wilson on the third Monday in April and October, and at Wilmington a two-weeks term on the fourth Monday in April and October : Provided, That this Act shall take effect on July 1, 1928 : And provided further, That at Wilson and Durham it shall be made incumbent upon each place to provide suitable facilities for holding the courts. Approved, May 10, 1928. 495 May 10, 1928. [S. 3947.] [Public, No. 359 .] North Carolina east- ern judicial district. Terms of court for. Vol .43, p. 661, amend- ed. Provisos. Effective Ju ly 1, 1928 . Court rooms re- quired at Wilson and Durh am. May 10, 1928 . CHAP. 517 .-An Act To extend the period of restriction in lands of certain	[8 .3594 .] members of the Five Civilized Tribes, and for other purposes. [Public, No. 360.] Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That the restric- tions against the alienation, lease, mortgage, or other encumbrance of the lands allotted to members of the Five Civilized Tribes in Oklahoma, enrolled as of one-half or more Indian blood, be, and they are hereb y, extended f or an additio nal period of twenty-five years commencing on April 26, 1931 : Provided, That the Secretary of the Interior shall have the authority to remove the restrictions, upon the applications of the Indian owners of the land, and may remove such restrictions, wholly or in part,, under such rules and regulations co ncerning term s of sale and disposal of t he proceeds for the benefit of the respective Indians as he may prescribe. SE C. 2. That the provisions of section 9 of the Act of May 27, 1908 (Thirty-fifth Statutes at Large, page 312), entitled "An Act for the removal of restrictions from part of the lands of allottees of the Five Civilized Tribes, and for other purposes," as amended by section 1 of the Act of April 12, 1926 (Forty-fourth Statutes at Large, page 239), entitled "An Act to amend section 9 of the Act of May 27, 1908 (Thirty-fifth Statutes at Large, page 312), and for puttin g in fo rce, i n refer ence to suits involv ing Ind ian ti tles, the statutes of limitations of the State of Oklahoma, and providing for the United States to join in certain actions, and for making judgments binding on all parties, and for other purposes," be, and are hereby, extended and continued in force for a period of twenty- five years from and including April 26, 1931, except, however, the provisions thereof which read as follows "Provided further, That if any member of the Five Civilized Tribes of one-half or more Indian blood shall die leaving issue surviving, born since March 4, 1906, the homestead of such deceased allottee shall remain inalienable, unless restrictions against aliena- tion are removed therefrom by the Secretary of the Interior for the use and support of such issue, during their life or lives, until April 26, 1931 ; but if no such issue survive, then such allottee, if an adult, may dispose of his homestead by will free from restrictions ; if this be not done, or in the event the issue hereinabove provided for die before April 26, 1931, the lands shall then descend to the Five Civilized Tribes, Okla. Rest ricti on o n all ot- ments to me mbers of one-half or more Indian blood further extended. i=roviso . Removal authorized up on application of owners of land. Provisions for re- moving restrictions on death of allottees con- tinue d 25 years from April 26, 1931. Vol.44,p. 239 . Provision for home- steads of decedent al- lottees repealed. Vol. 44, p. 239, repeal- ed.

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 496 SEVENTIETH CONGRESS. SEss. I. CFi. 517. 1928 . heirs, according to the laws of descent and distribution of the State of Oklahoma, free from all restrictions : Provided, That the word . "issue," as used in this section, shall be construed to mean child or children : Provided further, That the provisions of section 23 of the Act of April 26, 1906, as amended by this Act, are hereby made Effective, April 26, appli cable t o all wills e xecuted under this s ection :" 1931 . which quoted provisions be and the same are repealed, effective Proviso. Provisions for d is- April 26, 1931 : Provided further, That the provisions of section 23 pos al of y wills continued property of the Act of Congress approved April 26, 1906 (Thirty-fourth April 26, 1956 . Statutes at Large, 137 as amended b the provisions of section Vol. 34, p. 145, Vol. page y 35, p. 315. 8 of the Act of Congress approved May 27, 1908 (Thirty-fifth Vol.44,p. 240. Statutes at Large, page 312), be, and the same are hereby, continued in for ce and effect until April 2 6, 195 6 . Minerals produced SEC. 3 . That all minerals, including oil and gas, produced on or from restricted lands subje ct to taxa tion afte r after April 26, 1931, from restricted allotted lands of members of the April 26, 1931 . Five Civilized Tribes in Oklahoma, or from inherited restricted lands of full-blood Indian heirs or devisees of such lands, shall be subject to all State and Federal taxes of every kind and character the same as those produced from lands owned by other citizens of the Payme nt f rom funds State of Oklahoma ; and the Secretary of the Interior is hereby of individual Indian owners. authorized and directed to cause to be paid, from the individual Indian funds held under his supervision and control and belonging to the Indian owners of the lands, the tax or taxes so assessed against the royalty interest of the respective Indian owners in such oil, gas, and other mineral production. Restricted lands in excess of 160 acres sub- SEC. 4. That on and after April 26, 1931, the allotted inherited, ject to State taxation and devised restricted lands of each Indian of the Five Civilized a fter April 26, 1931 . Tribes in excess of one hundred and sixty acres shall be subject to taxation by the State of Oklahoma under and in accordance with the laws of that State, and in all respects as unrestricted and other Provisos. lands : Provided, That the Indian owner of restricted land, if an Selec tion to be m ade by o wner of exem pted adult and not legally incompetent, shall select from his restricted tracts, land a tract or tracts, not exceeding in the aggregate one hundred and sixty acres, to remain exempt from taxation and shall file with the superintendent for the Five Civilized Tribes a certificate designating Selec tion b y sup eri n- and describing the tract or tracts so selected : And provided further, Indian, etc . failure of That in cases where such Indian fails, within two years from date hereof, to file such certificate, and in cases where the Indian owner is a minor or otherwise legally incompetent, the selection shall be made and certificate prepared by the superintendent for the Five Civilized Tribe s ; and su ch cert ificate, whet her by the Ind ian or by the superi n- tendent for the Five Civilized Tribes, shall be subject to approval by the Secretary of the Interior and, when approved by the Secretary of the Interior, shall be recorded in the office of the superintendent for the Five Civilized Tribes and in the county records of the county Designated lands ex- in which the land is situated ; and said lands, designated and empt fr om taxation. des cribed in the approved cer tificates so r ecorded, shal l remain exempt from taxation while the title remains in the Indian designated in such approved and recorded certificate, or in any full-blood Indian limited Exe mptio n perio d heir of devisee of the land : Provided, That the tax exemption shall not extend beyond the period of restrictions provided for in this Act Not exe mpt over 160 acres And pro vided furthe r, That the tax -exempt land of any such I ndian allottee, heir, or devisee shall not at any time exceed one hundred and sixty acres. No r estr ictio ns r eim- SEC. 5 . That this Act shall not be construed to reimpose restrictions posed nor taxation ex- empted hereby . heretofore or hereafter removed by the Secretary of the Interior or by operation of law, nor to exempt from taxation any lands which are subject to taxation under existing law. Approved, May 10, 1928.

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 SEVENTIETH CONGRESS. SEss. I. CHs. 518-521 . 1928 . 497 CHAP. 518.-An Act Donating Revolutionary cannon to the New York State Conservation Department. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secret Army. ary Revolutionary can - of War, in his discretion, is hereby authorized to deliver to the order non donated to New y York Conservation De- of the New York State Conservation Department five Revolutionary partment. cannon stored in the Watervliet Arsenal at Watervliet, New York, and marked "W. A.60,""W.A.61,""W.A.62,'11W. A. 63," and "W. A. 64 ": Provided, That the United States shall be put to no No Pr ovi so, ex- expense in connection with the delivery of said cannon. pense. Approved, May 11, 1928. May 11, 1928. CHAP. 519.-An Act Authorizing a per capita payment to the Rosebud 	[S. 3438.1 Sioux Indians, South Dakota. [Public, No. 362.] Be it enacted by the Senate and House of Repr esen tati ves of t he United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to withdraw from the Treasury of the United States so much of the tribal funds on deposit therein to the credit of the Rosebud Indians, of South Dakota, as may be required to make a $10 per capita payment to the recognized members of the tribe, and to pay or distribute the same under such rules and regulations as he may prescribe. Approved, May 11, 1928. May 11, 1928. [S. 805 .] [Public, No. 361 .] Rosebu d Sioux In- dians, S. Dak. Per cap ita payme nt to, from tribal funds. May 11, 1928. CHAP. 520 .-An Act To authorize the Secretary of War to donate to the	[R. R. 6492 .] city of Charleston, South Carolina, a certain bronze cannon. [Public, No. 363 .] Be it enacted by the Senate and House of Representativ es of the United States of America in Congress assembled, That the Secretary Canon t aken from of War is authorized and directed to donate, without expense to the Con fede rate forc es, d o- United States, to the city of Charleston, South Carolina, a smooth C ted t o Charleston, S. bore, muzzle loading, bronze field gun, numbered 124, captured from the Confederate forces, and now in the Watervliet Arsenal, Water- vliet, New York. Approved, May 11, 1928. May 11, 1928 . CH A P. 5 21 .-An Act To abolish the office of admini strative assistant a nd [H . R. 10544.] disbursing officer in the Library of Congress and to reassign the duties thereof. [Public, No. 364.] Be it enacted by the Senate and House of Representatives of the Library of Congress. United States of America in Congress assembled, From and after Offi ce o f adm inis tra- June 10, 1928, the office of administrative assistant and disbursing abolish assistant, etc ., officer of the Library of Congress, created by Act of Congress Vol.42,p.715. appr oved Ju ne 29, 1922, is abol ished and the reafter the d uties r equired to be performed by the administrative assistant and disbursing officer Post, p. 529. shall be performed, under the direction of the Librarian of Congress Dutiesaconferred upon up on ~ LibrLibrarian. by such persons as the Librarian may appoint for those purposes : Pr ovi so. Provided, That the person who shall disburse the appropriations for Bon d for dis burs e- the Library of Congress and the Botanic Garden shall give bond menu. payable to the United States in the sum of $30,000, with sureties approved by the Secretary of the Treasury for the faithful dis- charge of his duties. Appro ved, M ay 11, 1928.

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 498 SEVENTIETH CONGRESS. SEss. I. CHs. 522-524 . 1928 . May 11,1928. CHAP. 522.-An Act To amend the provision contained in the Act approved [x .R. 553 1 .] August 29, 1916, relating to the assignment'to duty of certain officers of the United States Navy as fleet and squadron engineers. Navy. Be it enacted by the Senate and Rouse of Representatives of the Engineering duty. Vol.39,p.580 United States of America in Congress assembled, That the provisions ,, amended. of the Act approved August 29, 1916 (Thirty-ninth Statutes at Large, page 580), relating to the assignment to duty of commanders of the Navy as fleet and squadron engineers are hereby amended by Matter stricken out . striking out the clause " except that commanders may be assigned to duty as fleet and squadron engineers," appearing in lines 8 and 9 of said Thirty-ninth Statutes at Large, page 580, and by substituting Matter substituted. therefor the following : " except that, upon their own request, such officers of the ranks of commander and above may be assigned to sea duty as fleet or squadron engineers or as engineer officers of ships," so that said provision will read as follows Assig nmen t of line officers for engineering " Officers of the line of the Na not bel ow the grade of li eutena nt dut y only, upon appli- - may, up on app licati on, an d with the a pproval of th e Secr etary of the cation therefor. Duties . Navy, be assigned to engineering duty only, and that when so as- Vol. 30, p. 1005 . Assignment as fleet signed and until they reach the grade of commander, they shall per- or squadron engineers form duty as prescribed in section 4 of the Personnel Act approved or officers of ships, of y co mmanders and March 3, 1899, and thereafter shore duty only as now prescribe d for ab° °°' officers transferred to the line from the former Engineer Corps, except that, upon their own request, such officers of the ranks of commander and above may be assigned to_ sea duty as fleet or squad- ron engineers or as engineer officers of ships : Provided, That when so assigned they shall retain their place with respect to other line officers in the grades they now or may hereafter occupy, and also the right to succession to command on shore in accordance with their seniority, and shall be promoted as vacancies occur subject to physical examination and to such examination in engineering as the Secretary Number of a ssi gn- of the Navy may prescribe : Provided further, That the number ments in any year. of officers so assigned in any one year shall be in accordance with the requirements of the service as determined by the Secretary of the Navy ." Approved, May 11, 1928 . [Public, No . 365.] Provisios. Status in li ne tai ned . re- May 11, 1928 . [H. R. 5465.]	CHAP. 523.-An Act To amend section 1571 of the Revised Statutes to [Public, No . 366.] permit officers of the Navy to count duty on airships as sea duty . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1571, Revised Statutes, is hereby amended by changing the period at the end of said section to a colon and by adding thereto the following : "Prov ided, That when officers are assigned to airships on duty requi ring them to p artic ipate reg ularl y and freq uent ly in aeri al flights the Secretary of the Navy shall determine and certify whether or not, in his judgment, the service to be performed is equivalent to sea duty. If such service is thus determined to be equivalent to sea duty, it shall be considered to be actual sea service on sea-going ships for all purposes ." Approved, May 11, 1928 . CHAP. 524 .-An Act To provide for date of precedence of certain offiers of the staff corps of the Navy . Navy. Be it enacted by the Senate and House of Representatives of the P reced ence of line United States o f America in Congress assembled, That any officer o ffice rs tr ansf erred to a staff corps. of the line of the Navy who, since July 1, 1923, has been transferred Navy. Sea duty . R. S., sec . 1571, p . 269, amended . Duty of officers on airships equivalent to sea duty. U. S. Code, p. 1107. May 11, 1928. [H. R.21.] [Pub lic, No . 367.]

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 SEVENTIETH CONGRESS. SEss. I. CHs. 524-526 . 1928. 499 to, and commissioned in, a staff corps of the Navy in the same rank as formerly held by him in the line, shall take precedence with, but next after, that officer of the line immediately above him in the Navy at the time of such transfer, which officer shall be assigned as his running mate for promotion purposes : Provid ed, That no back pay or allowances shall accrue to any officer by reason of the passage of this Act. Approved, May 11, 1928. CH A P. 52 6 .-Joint Resol ution Author izing the er ection of a f lagstaff at Fort Sumter, Charleston, South Carolina, and for other purposes. Resolved by the Senate and House of Representatives of the Uni ted Stat es o f A merica i n Congre ss assem bled, That the Secretary of War is authorized and directed to select a suitable site and to permit the executors of the estate of Eliza Mackintosh Clinch Ander- son Lawton to erect on public grounds of the United States at Fort Sumter, Charleston, South Carolina, a flagstaff, with appropriate landscape and architectural setting, and to place in connection there- with a memorial commemorating the defense of the fort by General Robert Anderson. The design and materials of the flagstaff and memorial shall be subject to the approval of the Secretary of War, with the advice of the Commission of Fine Arts. The United States shall be put to no expense in or by the erection of such flagstaff and memorial. Upon completion thereof the Secretary of War is author- ized and directed to accept, on behalf of the United States, the flagstaff and memorial, in lieu of the legacy in the will of Eliza Mackintosh Clinch Anderson Lawton, providing for the erection of a statue of General Robert Anderson at Fort Sumter. Approved, May 11, 1928. Precise. No back pay, etc. May 11, 1928. al of certain Government [g R . 5746.1 CHAP. 525 .-An Act lo authorize - the apprais property, and for other purposes. Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized to cause the property of the Government used under the contract of October 16, 1924, and re- newals thereof, for the furnishing of electric current to the naval ordnance plant at South Charleston, West Virginia, to be appraised, as provided for in said contract, by three persons as a preliminary to t he pur chase of sa id pro perty by the cont ractor, the three appraisers to consist of one person selected by the Secretary of the Navy, one by the contractor, and the third by the two first so Sel ecti on of app rais- selected, as stipulated in the contract. The person selected and ers. detailed by the Secretary of the Navy for said purpose, who shall be an officer of the Navy, and such persons as may be detailed by the Secretary to assist him, shall serve without additional compen- Allowance sation, except travel and subsistence in accordance with law. One- appraiser. half of the fee and expenses of the third appraiser, not in excess of $10,000, as the Secretary may approve, shall be payable from the appropr iation " Ordnance and ordnance stores," under the Navy Department, which is hereby made available for the purpose. Approved, May 11, 1928. [Public, No. 368.] Navy. South Ch arleston, W. Va. Appraisal and sale of property furnishin g electricity to ordnance plant at. for th ird May 11, 1928. [H.J . Res. 177 .]	[Pub. Res. No. 41 .] Fort Sumter, S. C. Erection of flagstaff, etc ., at, in commemo- ration of defense there- of by General Robert Anderson. Approval, etc. Acceptance in lieu of legacy for a statue.

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 500 SEVENTIETH CONGRESS. SEss. I. CHs. 528, 529. 1928. May 12,1928 . CHAP. 528.-An Act To provide for the gratuitous issue of service medals and [H. R. 5789.1 sim ilar devices, for the re placement of the same, an d for other purposes . [Public, No. 369 .1 Be it enacted by the Senate and House of Representatives of the Ar my service mod- als United States o f America in Congress assembled, Tha t the Secreta ry. Issue of, etc ., auth or- of War be, and he is hereby, authorized and directed to procure and iz ed without e xpense to recipients. issue without expense to persons entitled to them, and to the families of such as may be dead, the following service medals, together with the ribbons, clasps, stars, and similar devices as may be prescribed as a part thereof : Service designated. (a) Civil War campaign medal; (b) Indian campaign medal; (c Spanish campaign medal; (d) Spanish War service medal; (e~ Cuban occupation medal; (f Porto Rico occupation medal; (g) Philippine campaign medal (i) China campaign medal; (j) Cuban pacification medal; (k) Mexican service medal; (1) Mexican border service medal; (m) Victory medal and clasps tion; (o) any service medal or similar device hereafter authorized Proviso Provided That the fact that a person is not in or did not die in Pre sent service, etc ., ,notrequired . the service shall not preclude such gratuitous issue . Replacement of lost, SEC. 2 . That whenever any article presented under the provisions etc" medals, at cost . of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the owner, such article may, under such regulations as the Secretary of War may prescribe, Proviso• be replaced at cost price : Provided, That to persons in the military Wit hout cost if per- sons in service . Service of the United State s such articl e may be repla ced free of charge. Expense from A rmy SEC. 3. That the Secretary of War be, and he is hereby, authorized appropriations • to expend from the appropriations for the support of the Army so much as may be necessary to defray the cost of the issues provided this Act. pea led. laws re- by SEC. 4 . All laws or parts of laws in conflict with the provisions of of this Act are hereby repealed. Approved, May 12, 1928. May 12, 1928. [H. R.239:1 CHAP. 529.-An Act To amend section 110 of the National Defense Act [Public, No. 370 .1 by repealing and striking therefrom certain provisions prescribing additional qualifications for National Guard State staff officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the Natio nal Guard. United States o f America in Congress assembled, That the follow- Pay restriction. vol. 42, p. 1036, ing provisions, to wit, " nor to any State, Territory, or District, or amended. Matter strick en out officer or enlisted man in the National Guard thereof, unless and until such State, Territory, or District provides by law that staff officers, including officers of the finance, inspection, quartermaster, and medi- cal departments hereafter appointed shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for causes to be determined by a court- martial legally convened for that purpose, and that vacancies among said officers sha ll be filled b ay app ointment from the militia o f such State, Terriory, or District,' contained in the last paragraph of sec- tion 110 of the National Defense Act as amended by t t he Act approved September 22, 1922 (Forty-second Statutes at Large, page 1036), be, and the same are hereby, repealed and stricken therefrom, so that said pa ragraph when so amended wi ll read as fol lows : New matter. " Except as otherwise specifically provided herein no money appro- Limi tati on on pay - ments . priated under the provisions of this or the last preceding section shall be paid to any person not on the active list, nor to any person
 * (h) Philippine congressional medal;
 * (n) fourragere as an individual decora-

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 SEVENTIETH CONGRESS. SEss. I. Cas .529-532. 1928. 501 over si xty-four year s of age, nor to any person who shall fa il to qualify as to fitness for military service under such regulations as the Secretary of War shall prescribe ." Approved, May 12, 1928 . May 12, IM. CHAP. 530 .-An Act To enable members of the Reserve Officers' Training 	[H . R. 244 .1 Corps who have interrupted the course of training prescribed in the Act of June Act 920, to resume such training and amending accordingly section 47c of that [Public, No . 371 .] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 47c Rre er ve officers' of the National Defense Act of June 3, 1916, as amended, be, and T~ ning Corps .. 77 9, the same is hereby, amended by adding thereto the following addi- amended. tional proviso ƒ Advanced training Provided further, That nothing in this Act shall be construed to not required to follow require that the advanced training provided for herein shall follow pmmonof l two 9 ar cs' without interruption upon the completion of the two years' elective course, etc. or compulsory course of military training prescribed in section 40 vol . 41, p. 776. of this Act or to require that such advanced training be pursued without interruption after it has been commenced in those cases where the person selected for advanced training at any institution will, under the rules and regulations thereof, normally require, in order to be graduated therefrom, a period of sufficient duration after any interruption, to complete the advanced course without curtailment ." Appro ved, M ay 12, 1928 . May 12, 1928 . CHAP . 531 .-An Act To authorize an appropriation for a road on the Zuni 	[S . 1456 .] Indian Reservation, New Mexico . [Public, No . 372.] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That there is hereby ti RunIndian Reserva- authorized an appropriation of $8,000, out of any money in the Sum authorized for constructing ro ad Treasury not otherwise appropriated, for the construction of that through . portion of the Gallup-Saint Johns highway within the Zuni Indian Poll, p. 902. Reservation, New Mexico, under the direction of the Secretary of the Interior and in conformity with such rules and regulations as he may prescribe : Provided, That Indian labor shall be employed manos aborn so far as practicable : And provided further, That the proper New Maintenance by authorities of the State of New Mexico or the county of McKinley shall agree to maintain such road free of expense to the United States. Approv ed, Ma y 12, 1928. CHAP. 532.-An Act Granting to the State of South Dakota for park pur- poses the public lands within the Custer State Park, South Dakota. Be it enacted by the Senate and House of Representatives o f the United States o f America in Congress assembled, That there be, and is hereby, granted to the State of South Dakota, for public park purposes, the publicly owned lands within the boundaries of the Custer State Park in townships 3 and 4 south, range 6 east, and the east one-third of townships 3 and 4 south, range 5 east, Black Hills meridian : Provided, That in the event of the failure on the part of the State of South Dakota to use the lands hereby grant 3d for public park purposes the title thereto shall revert to the United States, and May 12, 1928. [S. 2910.] [Public, No. 373 .] Public lands. Sou th Dakota granted lands for pub. lie park, in Custer State Par k. Provisos. Reversion for no n- user.

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 502 SEVENTIETH CONGRESS. SEss. I. CHs. 532-534 . 1928 . Existing rights affected. May 12, 1928. [S. 3824.1 1Public, No. 374 .] Bryce Canyon Na- tional Park, Utah. Vol. 43, p. 593, amended. New area described. Description modified of lands from Powell National Forest. Ante, p. 147, amend- ed. Corr ect ed de scr ip- tion. May 12, 1928. [ii. J. Res. 200.1 [Pub. Res. No. 42.] Upper Mississippi River Wild Life and Fish Refuge. Vol. 43, p. 650. Vol. 43, p. 1354, amended. Purchase of land, etc. Provisos. Pu rchase price in- creased. the Secretary of the Interior is hereby authorized and empowered to determine the facts and to declare such forfeiture and such reversion and to restore said lands to the public domain : Provided, not That this grant shall not include any land which on the date of the approval of the Act is covered by any existing bona fide right or claim under the laws of the United States, unless and until such right or claim is relinquished or extinguished. Approved, May 12, 1928. CHAP. 533 .-An Act To correct the descriptions of land comprising the Bryce Canyon National Park as contained in the Act approved June 7, 1924, entitled "An Act to establish the Utah National Park in the State of Utah," and the Act approved February 25, 1928, entitled "An Act to change the name of the Utah Na tional Park, the est ablishment of which is provided for by t he Act of Congress approved June 7, 1924 (Forty-third Statutes, page 593), to the 'Bryce Canyon National Park,' and for other purposes ." Be it enacted by the Senate and House o f Representatives of the Uni ted S tates of Am erica in Congress assembled, That the tract of land described in section 1 of the Act approved June 7, 1924, entitled "An Act to establish the Utah National Park in the State of Utah," be, and the same is hereby, amended to read as follows : "Unsurveyed sections 31 and 32, township 36 south, range 3 west ; surveyed section 36, township 36 south, range 4 west ; north half, southwest quarter and west half of the southeast quarter of partially surveyed section 5 ; unsurveyed sections 6 and 7, west half, west half of the northeast quarter, and west half of the southeast quarter of partially surveyed section 8, partially surveyed section 17, and unsur- veyed section 18, township 37 south, range 3 west ; and unsurveyed sections 1, 12, and 13, township 37 south, range 4, all west of the Salt Lake meridian in the State of Utah ." SEC. 2. That the tract of land described in section 2 of the Act approved February 25, 1928, entitled "An Act to change the name of the Utah National Park, the establishment of which is provided for by the Act of Congress approved June 7, 1924 (Forty-third Statutes, page 593), to the 'Bryce Canyon National Park,' and for other purposes," be, and the same is hereby, amended to read as follows "The east half east half section 25, t ownshi p 3 6 south, range 4 we st ; t he east half and southwest quarter secti on 20, and all of sections 21, 29, and 30, township 36 south, range 3 west ; all of sections 24 and 25, towns hip 37 south, range 4 west ; and all of sections 19 and 30, township 37 south, range 3 west, Salt Lake meridi an . " Approved, May 12, 1928. CHAP. 534.-Joint Resolution To amend section 10 of the Act entitled "An Act to establish the upper Mississip pi River wild life an d fish refuge," approved June 7, 1924. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That sec tion 10 of the Act entitled "An Act to e stablish the u pper Mississi ppi River wild life and fish refuge," approved June 7, 1924 (F orty -thi rd Statutes at Large, page 65 0), as amended by joint resolution of March 4, 1925 (Forty-third Statutes at Large, page 1354), be, and the same is hereby amended by substituting in lieu of the proviso therein contained the following : "Provided, That the Secretary of Agriculture shall not pay for any land or land and water a price which shall exceed an average cost of $10 per acre : Provided further,

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 SEVENTIETH CONGRESS. SEss. I. CHs. 534, 540 . 1928 . 503 That this provision shall not apply to any land or land and water no rmered . pur cha ses heretofore acquired or contracted for under the provisions of this Act ." Approved, May 12, 1928 . CHAP . 540.-An Act Authorizing the J . K . Mahone Bridge Company, its	May 1971	successors and assigns, to construct, maintain, and operate a bridge across the [Publ ic, No. 3 75 .1 Ohio River at or near Wellsburg, West Virginia . Be it enacted by the Senate and House o f Representatives o f the Ohio River . United States o f America in Congress assembled, That in order to J. K . Mahone Bridge promote interstate commerce, improve the postal service, and p ro - company may bridge vide for military and other purposes, the J . K. Mahone Bridge at Wellsburg, W . Va . Company, its successors and assigns, be and is hereby authorized to c onstr uct, main tain, and opera te a brid ge an d ap proac hes t here to ac ross the Ohio Rive r at a po int suita ble to t he intere sts of na vigation at or near Wellsbur Brooke County, West Virginia in accordance con struction. y7 b 7 Vol.34,p.84. with the provisions of the Act entitled "An Act to regulate the Post, p .1530 . construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Rig ht to acquire real SEC. 2 . There is hereby conferred upon the J. K. Mahone Bridge estate, etc ., for location, Company, its successors and assigns, all such rights and powers to approaches, etc. 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 compensa- tion therefor, to be ascertained and paid according to the laws of , 'dongsmnation pro- such State, and the proceedings therefor shall be the same as in the con demnat ion or expro priati on of propert y in s uch St ate. SEC. 3 . The said J. K. Mahone Bridge Company, its successors and Tolls authorized. assigns, is 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 chang ed by the Secr etary of W ar u nder the a uthor ity conta ined in Vol.34,p.85. the Act of March 23, 1906. SEC . i zed, afte r com pleti on, the Secretary of War, either the State of West Virginia, the State b Ohio West Virginia, of Ohio, any public agency or political subdivision of either of such States within or ad joinin g whic h any part of such bridge is lo cated, or any two or more of them jointly may at any time acquire or 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 Compensation if ac- property for public purposes by condemnation or expropriation. If quired by condemna- at any time after the expiration of twenty years after the completion tion* 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, first, the actual cost of constructing Limitations . such bridge and its approaches, less a reasonable deduction for actual depreciation in value ; second, the actual cost of acquiring such interests in real property ; third, actual financing and promotion cost, not to exceed 10 per centum of the sum of the cost of construct- ing the bridge and its approaches and acquiring such interests in

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 504 SEVENTIETH CONGRESS. SEss. I. Ca. 540. 1928 . real property ; and fourth, actual expenditures for necessary improvements. Tons under Sta te, SEC. 5 . If such bridge shall at any time be taken over or acquired etc., operation. by the States or political subdivisions thereof as provided in section 4 of thi s Act, and if tolls are the reafter charg ed for the use there of, Ra tes operati on, a pp lie kirig the rates of toll shall be so adjusted as to provide a fund sufficient to fund, etc. pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, to pay an adequate return on the cost thereof, and to provide a sink- ing fund sufficient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reaso nable charges, but within a period, of n ot to exceed twenty bridge Mge, etc ., after asf amor- or- years from the date of acquiringg the same. After a sinking fund tizing costs. sufficient for such amortization shall have been so provided, such bri dge sh all the reafter be ma intaine d and o perate d free of toll s, 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, and operation of the bridge and its approaches under economical man- Record and of re cei pts LSp b i- agement. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for operating, 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. Sworn statement or construction casts, etc ., c SEC. 6. The J. K. Mahone Bridge Company, its successors and t pie r be filed after com- 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 West Virginia and Ohio, a sworn itemized state- ment showing the actual original cost of constructing such bridge and its approaches, the actual cost of acquiring any interest in real Examination by Sec- prope rty necessary therefor, and the actual f inancing and promo- retary of war. tion 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 cost so filed, and shall make a f inding of the actual and r eaonabl e costs of co nstruct ing, fi nancin g, and promoting such bridge ; and for the purpose of such investiga- tion the said J. K. Mahone Bridge Company, its successors and assigns, shall make available all of its records in connection with FindingsofSecretary the contruction financing, and promotion thereof. The findings eonciusic eT of the Secretary of War as to the reasonable costs of the construc- tion, f inancing, and promotion of the bridge sh all be conclus ive, for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. conferred . sell, etc., SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges con ferred by this Act is hereby granted to the J. K. Mahone 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 confe rred h erein direc tly upon such corporation or person. Amendment. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 14, 1928.

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 SEV ENTIE TH CONGRESS. SESS. I. CHs. 541, 542. 1928 . CHAP. 541 .-An Act Granting the consent of Congress to the county court of Roane County, Tennessee, to construct a bridge across the Emery River at Suddaths Ferry, in Roane County, Tennessee. Be it enacted by the Senate and House of Representatives of the United States of America in Con gress asse mbled, That the c onsent of Congress is hereby granted to the county court of Roane County, Tennessee, to construct, maintain, and operate a free highway bridge and approaches thereto across the Emery River, at a point suitable to the interests of navigation, at or near Suddaths Ferry, in Roane County, Tennessee, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navi- gable waters," approved March 23, 1906 . SEC. 2. That the ri ght to alter, amend, or repeal th is Act is hereby expressly reserved. Approved, May 14, 1928 . Amendment. Constr uction. Vol.34,p.84. Post, p. 1309. Character of bridge. 505 May 14, 1928. [S . 3571 .] [Public, No. 376 .1 Emery River . Roane County, Te nn ., may bridge, at Suddaths Ferry . Construction . Vol.34,p.84. May 14, 1928. CHAP. 542 .-An Act Authorizing Dupo Bridge Company, a Missouri cor-	[S .3598 .] porat ion, it s succ essors and ass igns, to cons truct, mainta in, and operat e a co m- [Public, No. 377.1 biped highway and railroad bridge across the Mississippi River at or near Carondelet, Missouri. Be it enacted by the Senate and House of Representatives of the Mississippi River. Uni ted S tates of Am erica in Co ngres s ass embled , That in order to Dupo B ridge C om- pany may bridge, at promot e inters tate com merce, i mprove t he posta l servic e, and p rovide Caroudolet, Mo. for military and other purposes, the Dupo Bridge Company, a Missou ri corpo ration, its succ essors a nd assig ns, be, and is h ereby, authorized to construct, maintain, and operate a bridge and ap- proaches thereto across the Mississippi River at a point suitable to the inte rests of navigation, at or near Carond elet, Miss ouri, in ac corda nce with the pro visi ons of the Act e nti tled "An Act to regulate the construction of bridges over navigable waters," approved Ma rch 23, 1 906, and sub ject to the cond itio ns and limi tati ons cont ained in this Ac t. SEC. 2. The Dupo Bridge Company, its successors and assigns, is authorized to construct, maintain, and operate such bridge and the necessary approaches thereto as a railroad bridge for the passage of railway trains or street cars, or both, or as a highway bridge for the passage of pedestrians, animals, and vehicles, adapted to travel on public highways, or asa combi ned r ailro ad and high way Right t o acquire rea l bridge for all such purposes; and there is hereb y con ferred upon estate, etc ., for location, the said Dupo Bridge Company, its successors and assigns, all such approaches, etc. 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 railr oad c orpora tions 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 condemnation pro- according to the laws of such State, and the proceedings therefor ceedmgsl shall be the same as in the condemnation or expropriation of property for public purposes in such State. Acquisition author- SEc. 3 . After the completion of such bridge, as determined by the bflgeasara highway Secretary of War, if the same is constructed as a high way bridge tic ., by Missouri, nii- only, either the State of Missouri or the State of Illinois, any public noes, etc • agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or mo re of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any

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 506 SEVENTIETH CONGRESS. SESS. I. CH. 542. 1928 . Compensation, if as in terest in re al pro perty necess ary th erefor, by pu rchase or by con- quired by condem na- tion. demnation, in accordance with the laws of either of such States gov erning the a cquisi tion o f priv ate pr operty for pu blic p urpose s 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 com- pensation to be allowed shall not i~*Pclude good will, going value, Lim itat ions. 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 act ual co st of acquir ing su ch int erests in rea l prop erty, (3) ac tual financing and promotion cost, 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 Tol ls u nder stat e, for necessary improvements. etc ., operation. SEC. 4. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or Rates a pplied to op - by either of them, under the provisions of section 3 of this Act, and eration, sinking fund, if tolls are thereafter charged for the use thereof, the rates of toll etc . 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 Maintenance as free reasonable charges, but within a period of not to exceed ten years bridge, etc ., after amor. from the date of acquiring the same. After a sinking fund sufficient tiling costs, for such amorti zation shall have been s o provi ded, s uch br idge s hall ther eafter be ma intain ed and opera ted fre e of t olls, 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 Record of expendi. operation of the bridge and its approaches under economical manage- tures and receipts. ment . 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 Purchase or condem- inter ested. nation of combined SEC. 5. If such bridge is constructed as a combined railroad bridge railro ad and highw ay for the passage of railway trains or street cars, and a highway bridge bridge. for the passage of pedestrians, animals, and vehicles, then the right of purchase and condemnation conferred by this Act shall apply to a right of way thereover for the passage without cost of persons, animals, and vehicles adapted to travel on public highways ; and if Compe nsation for the right of purchase or condemnation shall be exercised as to such right of way. right of way over the bridge, then the measure of damages or compensation to be allowed or paid for such right of way shall be a sum equal to the difference between the actual fair cash value of such bridge determined in accordance with the provisions of section 3 of this Act, and what its actual fair cash value so determined would have been if such bridge had been constructed as a railroad Maintenance of high- bridge only. If the right of purchase or condemnation conferred way bri dge. by this Act shall be exercised as to the right of way over such bridge, then that part of the bridge which shall be purchased or condemned and shall be thereafter actually used for the passage of pedestrians, animals, or vehicles, shall be maintained, operated, and kept in repair swo rn s tate ment of by the purchaser thereof. construction costs, etc ., SEC. 6 . The Dupo Bridge Company, its successors and assigns, to be filed after com- pletion. 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 Mi ssouri and I llinoi s a swo rn ite mized statem ent sh ow- ing the actual original cost of constructing the bridge and its

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 SEVENTIETH CONGRESS. SEss. I. CHs. 542, 543. 1928. 507 approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion Costs. Examinatio n by Sec. The Secretary of War may, and at the request of the highway retary of War. 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 promot- ing such bridge. For the purpose of such investigation the said Dupo Bridge Company, its successors and assigns, shall make avail- able a ll of its records in connec tion with the cons truction, financin g, Findings of Secretary and promotion thereof. The findings of the Secretary of War as c onclusive. to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in sec- tion 3 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The D upo B ridge Com pany, its succ essor s and assi gns, is Toll s au thori zed . hereby authorized and empowered to fix and charge just and reason- able tolls for the passage of such bridge of pedestrians, animals, and vehicles adapted to travel on public highways, and the rates so fixed shall be the legal rates until the Secretary of War shall prescribe Vol .34,p.85. other rates of toll as provided in the Act of March 23, 1906 ; and if Contracts for use by said bridge is constructed as a railroad bridge, or a joint railroad and railway lines, public highway bridge, as provided in this Act, the said Dupo Bridge Com- utilities, etc' pany, its successors and assigns, is hereby authorized to fix by contract with any person or corporation desiring the use of the same for the passage of railway trains, or street cars, or for placing water or gas pipe lines or telephone or telegraph or electric light or power lines, or for an y othe r such purpo ses, t he ter ms, con dition s, and rates of Terms in absence of toll for such use ; but in the absence of such contract, the terms, con- contract, ditions, and rates of toll for such use shall be determined by the Secretary of War as provided in said Act of March 23, 1906. Vl .34 'to Sell, etc ., SEC. 8 . The right to sell, assign, transfer, and mortgage all the conferred. rights, powers, and privileges conferred by this Act is hereby granted to the Dupo Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, po wers, and priv ilege s may be sold, assi gned, or trans ferre d, o r who shall acquire the same by mortgage foreclosure or otherwise, is hereby autho rized and em powere d to e xercise the s ame as fully as though conferred herein directly upon such corporation or person. Amend ment. SEC. 9 . The right to alter, amend, or repeal this Act is hereby exp ressly reser ved. Approved, May 14, 1928. May 14, 1928. CHAP. 543 .-An Act Authorizing J. T. Burnett, his heirs, legal representa- 	[s. 3862 .] tives, and assigns, to construct, maintain, and operate a bridge across the Mis- [Public, No. 378 .] sissippi River at or near Tiptonville, Tennessee. Be it enacted by the Senate and House of Representatives o f the United States of America in Congress assembled That in order to Mississippi River. J . T. Burnett may fac ilitat e inte rstate comme rce, i mprove the po stal s ervice, and pro- br idge, at Tipto nvil le, vide for military and other purposes, J. T. Burnett, his heirs, legal Tenn. representatives, and assigns, be, and is hereby, authorized to con- str uct, m aintai n, and opera te a b ridge and app roache s ther eto ac ross the Mississippi River, at a point suitable to the interests of naviga- tio n, at or nea r Tipt onvill e, Ten nessee, in ac cordan ce wit h the pro- Const ruction. visions of the Act entitled "An Act to regulate the construction of Vol.34,p. 84. bridges over navigable waters," approved March 23, 1906, and sub- Pest, p. 1451 . ject to the conditions and limitations contained in this Act. 54835°-29-PT 1-36

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 508 SEVENTIETH CONGRESS. SESS. I. CH. 543. 1928 . Right to acquire real Sxo. 2 . There is hereby conferred upon J. T. Burnett his heirs, estate > > approaches, etc. legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occu py, possess, a nd use real estate and other property needed for the location, construction, oper- ation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge p urposes in th e State in whi ch such real estate or property is situated, upon making just compensation there- Condemnatio n pro- for, to be ascertained and paid according to the laws of such State, ceedmgs. and the proceedings therefor shall be the same as in the condemna- tion or expropriation of property for public purposes in such State. Tolls authorized. SEc. 3 . The said J. T. Burnett, his heirs, legal representatives, and assigns, is 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 Vol.34, p.85. the Act of March 23, 1906. Acquisition author- ized, after completion ' SE c. 4. After ,the completion of such bridge, as determined by the byTennessee,Missouri, Secretary of War, either the State of Tennessee, the State of Mis- e tc' souri, 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 ove r al l ri ght, tit le, and inte rest in such bri dge and its ap- proaches and any interest in any 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 q uires by Compensation if condemns- - property for public purposes by condemnation or expropriation. If tion. at any time after the expiration of fifteen years after the completion of such bridge the same is acquired by condemnation or expropri- ation, the amo unt of damage s or compensa tion to be all owed shall no t incl ude goo d will, going value, or pro specti ve reve nues or profi ts, Li mita tions. 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 interest in real prop- erty ; and (4) actual expenditures for necessary improvements. eto, operation . State, 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 oration, Rate, applied sinking to d, thereafter charged for the use thereof, the rates of toll shall be so nkin g fu etc• 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 Maintenance as free reasonable charges, but within a period of not to exceed fifteen years bridge, etc ., after amor- from the date of acquiring the same. After a sinking fund sufficient tizing costs, etc • for suc h amortizatio n shall have b een provided, such bridge s hall 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, Rec ord of e xpend i- and operation of the bridge and its approaches under economical tures and receipts. m an a ge m en t. An accurate record of the amount paid f or acquiring the bridge and its approaches, the actual expenditures for main- taining, 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.

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