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 272 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. Subject to license, which has been licensed, or in respect of which any contract has been etc. entered into, or which is subject to any lien or encumbrance, shall Appli cati on to pa t- be returned subject to the license, contract, lien, or encumbrance. ants of Austrians and "(k) Except as provided in section 27, paragraphs (12) to (22), Hungarians . both inclusive, of subsection (b) of this section shall apply to the proceeds received from the sale, license, or other disposition of any patent, trade-mark, print, label, copyright, or right therein or claim thereto, conveyed, transferred, assigned, or delivered to the Alien Property Custodian, or seized by him . cr aofcourt to be paid . " (1) This section shall apply to royalties paid to the Alien Prop- Vol.40, p. 421. erty Custodian, in accordance with a judgment or decree in a suit Exception . brought under subsection (f) of section 10 ; but shall not apply to any other money paid to the Alien Property Custodian under sec- New subsections. tion 10 ." Vol . 42, p. 1515, SEC . 14. Section 9 of the Trading with the Enemy Act, as amended, amended . is amended by adding at th e end thereof the following new sub- Returns to Germans, sections : etc ., onl y on filing con- (m) No money or other property shall be returned under para- sent to 20 per cent tem- porary postponement . graph (12), (13), (14), or of subsection b or under subsection ) 61 ortoth t(16) tid) ud bi (gr (n) ( oe ener en p rovi dene r su sect on (p ), unless the person entitled thereto files a written consent to a postpone- ment of the return of an amount equal to 20 per centum of the aggregate value of such money or other property (at the time, as nearly as may be, of the return), as determined by the Alien Property Custodian, and the investment of such amount in accordance with the provisions of section 25 . Such amount shall be deducted from the money to be returned to such person, so far as possible, and the bal- ance shall be deducted from the proceeds of the sale of so much of the property as may be necessary, unless such person pays the balance to the Alien Property Custodian, except that no property shall be so sold prior to the expiration of six years from the date of the enactment of the Settlement of War Claims Act of 1928 without the consent of the person entitled thereto. The amounts so deducted shall be returned to the persons entitled thereto as provided in subsection (f) of section 25. The sale of any such property shall be made in accordance with the provisions of section 12, except that the provi- sions of such section relating to sales or resales to, or for the benefit of, citizens of the United States shall not be applicable. If such aggregate value of the money or other property to be returned under paragraph (12), (13), (14), or (16) of subsection (b) or under sub- section (g) is less than $2,000, then the written consent shall not be required and the money or other property shall be returned in full without the temporary retention and investment of 20 per centum thereof. "(n) In the case of property consisting of stock or other interest in any corporation, association, company, or trust, or of bonded or other indebtedness thereof, evidenced by certificates of stock or by bonds or by other certificates of interest therein or indebtedness thereof, or consisting of dividends or interest or other accruals thereon, where the right, title, and interest in the property (but not the actual certificate or bond or other certificate of interest or indebt- edness) was conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, if the President deter- mines that the owner thereof or of any interest therein has acquired such ownership by assignment, transfer, or sale of such certificate or bond or other certificate of interest or indebtedness, (it being the intent of this subsection that such assignment, transfer, or sale shall not be deemed invalid hereunder by reason of such conveyance, transfer, assignment, delivery, or payment to the Alien Property Amou nt to be de- ducted from money, pro ceed s of sale s of property, etc. Ret urn of r etain ed amo unt. Ante, p. 269. Provisions for sales of property. If a re turn less than $2,0 00, no reduction consent required. Return to owner, by assignment, of securi- ties, etc ., rig hts to which, but not actual transfer, conveyed to Custodian. Reco gniti on of as- signment, etc.

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 SEVENTIETH CONGRESS. SESS. I. CH.167. 1928 . Custodian or seizure by him) and that the written consent provided for in subsection (m) has been filed, then the President may make in respect of such property an order of the same character, upon the same conditions, and with the same effect, as in cases provided for in subsection (b), including the benefits of subsection (c) . "(o) The provisions of paragraph (12), (13), (14), (17), (18), (19), (20), (21), or (22) of subsection (b), or of subsection (m) or (n) of this section, and (except to the extent therein provided) the pr ovisi ons of pa ragra ph (16) of subse ction (b), shall not be con- st rued as d imini shing or e xtin guish ing a ny r ight under any othe r provision of this Act in force immediately prior to the enactment of the Settlement of War Claims Act of 1928 . "(p) The Alien Property Custodian shall transfer the money or other property in the trust of any partnership, association, or other un incorp orated body of ind ividua ls, or corpor ation, the e xisten ce of which has terminated, to trusts in the names of the persons (includ- ing the German Government and members of the former ruling family) who have succeeded to its claim or interest ; and the provi- si ons of su bsection (a) of th is sectio n relati ng to the collecti on of a debt (by order of the President or of a court) out of money or other property held by the Alien Property Custodian or the Treasurer of th e Unit ed Sta tes sh all be appli cable to the debts of suc h succ essor and any such debt may be collected out of the money or other prop- er ty in any of such trusts if no t retu rnable under subsec tion ( a) of this section. Subject to the above provisions as to the collection of debts, each such successor (except the German Government and inembers of the former ruling family) may proceed for the return of the amount so transferred to his trust, in the same manner as such partnership, association, or other unincorporated body of individuals, or corporation might proceed if still in existence. If such partner- ship, association, or other unincorporated body of individuals, or corpora tion, would have b een en titled to the retur n of i ts mon ey or other p ropert y only upon filing the w ritten consen t prov ided f or in subsection (m), then the successor shall be entitled to the return under this subsection only upon filing such written consent. "(The return of money or other property under paragraph (1 5), (17)7)(18), (19), (20 ), (21), or (22) of sub sectio n (b) (relat ing to the ret urn to Austr ian an d Hung arian nationa ls) sh all be subje ct to the limitations imposed by subsections (d) and (e) of section 7 of the Settlement of War Claims Act of 1928 ." SEC. 15. The Trading with the Enemy Act, as amended, is amended by adding thereto the following new sections "SEC . 26. (a) The Alien Property Custodian shall allocate among the various trusts the funds in the `unallocated interest fund' (as defined in section 28) . Such allocation shall be based upon the aver- age rate of earnings (determined by the Secretary of the Treasury) on the total amount s depo sited under section 1 2 . "(b) The Alien Property Custodian, when the allocation has been made, is authorized and directed to pay to each person entitled, in accordance with a final decision of a court of the United States or of the District of Columbia, or of an opinion of the Attorney Gen- eral, to the distribution of any portion of such unallocated interest fund, the amount allocated to his trust, except as provided in subsec tion ( c) of this s ection. "(c) In the case o f pers ons en titled, unde r parag raph (12 ), (1 3), (14), or (16) of subsection (b) of section 9, to such return, and in the case of persons who would be entitled to such return thereunder if all such money or property had not been returned under paragraph (9) or (10) of such s ubsection , and in the case of perso ns entitl ed to suc h 273 Co nsen t to 20 per cent temporary reduc- tion, to be filed . Transfers to Ger - mans , Austrians, and Hungarians not to di- minish prior rights. Transfer in trust, in name of successor in in- terest of claim . Applicable to debts of successor . Provisions fot re- turns by successor . Limitation, if 2D per cent temporary reduc- tio n required . Returns to Austrians and Hungaria ns, lim- ited to special deposits provisions . Ante, p . 265 . New sections . Unallocated interest fund to be a llocated among the trus ts . Basis of. Ante, p. 271. Payments to persons entitled by decision of a court, etc. Amount allocated to Germ ans, etc., to be cre dit ed ag ain st in- terest-bearing partici- pating certificate.

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 274 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. return under subsection (n) of section 9, an amount equal to the aggrega te amo unt al locate d to t heir t rusts s hall b e cred ited a gainst the sum of $25,000,000 invested in participating certificates under paragraph (1) of subsection (b) of section 25. If the aggregate amount so allocated is in excess of $25,000,000, an amount equal to the excess shall be invested in the same manner. Upon the repay- me nt of any of the a mounts so in vested, under the p rovisi ons of sec- tion 4 of the Settlement of War Claims Act of 1928, the amount so repaid shall be distributed pro rata among such persons, notwith- standing any receipts or releases given by them. "(d) The un alloca ted in terest fund shall b e avai lable for ca rrying ou t the provis ions o f this secti on, in cluding the e xpense s of m aking the allocation. "SEC. 27. The Alien Property Custodian is authorized and directed to return to the United States any consideration paid to him by the United States under any license, assignment, or sale by the Alien Property Custodian to the United States of any patent (or any right therein or claim thereto, and including an application therefor and Una lloc ated int ere st any patent issued pursuant to any such application). fu nd. SEC. 28. As used in this Act, the term 'unallocated interest Con stit uted by ac- fund' means the sum of (1) the earnings and profits accumulated cumulation of earnings and profits of invest- prior to March 4, 1923, and attributable to investments and rein- ments _est etdti 12 b th Stf th Tl v mns un er sec ony eec rea ry oer eas ury , pus (2) the earnings and profits accumulated on or after March 4, 1.923, in respect of the earnings and profits referred to in clause (1) of this section n If demand has been made for money, etc ., SEC. 29. (a) Where the Alien Property Custodian has made of enemy, which would be retur nable unde r demand or requirement for the conveyance, transfer, assignment, this Act, the demand delivery, or payment to him of any money or other property of may be waived, etc. any enemy or all ofn ( hthtit di y ee myweer or no su or pro ceeng for the enforcement thereof has been begun and whether or not any judgme nt or decree in re spect thereof has b een ma de or entere d) and where the whole or any part of such money or other property would, if conveyed, transferred, assigned, delivered, or paid to him, be returnable under any provision of this Act, the Alien Property Custodian may, in his discretion, and on such terms and conditions as he may prescribe, waive such demand or requirement, or accept in full satisfaction of such demand, requirement, judgment, or decree, a less amount than that demanded or required by him. "(b) The Alien Prope rty Custodian shall n ot make any such waiver or compromise except with the approval of the Attorney General ; nor (if any part of such . money or property would be returnable only upon the filing of the written consent required by subse ction (m) of secti on 9) unless, after compl iance with t he ter ms and conditions of such waiver or compromise, the Alien Property Custodian or the Treasurer of the United States will hold (in respect of such enemy or ally of enemy) for investment as pro- vided in section 25, an amount equal to 20 per centum of the sum of (1) the value of the money or other property held by the Alien Property Custodian or the Treasurer of the United States at the time of such waiver or compromise, plus (2) the value of the money or other property to which the Alien Property Custodian would be entitled under such demand or requirement if the waiver or com- promise had not been made. "( c) Where the Alien Property Custodian has made demand or requirement for the conveyance, transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforce- ment thereof has been begun and whether or not any judgment or Ante, p. 268. Di strib utio n pro rat a of amounts repaid . Fund available for expense s, etc . Amounts pa id by United States for pat- ents, etc., to be re- turned . Vol.40,p.423. No waiver unless appr oved by A ttor ney General . Unless written con- sent filed for 20 per cent temporary reduc- tion . Ante, p . 272. Wai ver of demand ibr p rope rty not re- ceived by Custodian.

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 SEVENTIETH CONGRESS. SEss. I. Cii. 167. 1928 . 275 decree in respect thereof has been made or entered) and where the interest or right of such enemy or ally of enemy in such money or property has not, prior to the enactment of the Settlement of War Cl aims Act of 19 28, v ested in enjoy ment, the Alie n Pro perty Cus - todian may, in his discretion, and on such terms and conditions as he may prescribe, waive such demand and requirement, without compliance with the requirements of subsection (b) of this section, but only with the approval of the Attorney General . Waiver, etc., not "(d) Nothing in this section shall be construed as requiring the required. Alien Property Custodian to make any waiver or compromise author- ized by this section, and the Alien Property Custodian may proceed in respect of any demand or requirement referred to in subsection (a) or (c) as if this section had not been enacted . nfoney,etc .,received "(e) All money or other property received by the Alien Property by Custodian, result- Custodian as a result of any action or proceeding (whether begun fng from any action, a begun considered as part of before or after the enactment of the Settlement of War Claims trust to be returned . Act of 1928, and whether or not for the enforcement of a demand or requirement as above specified) shall for the purposes of this Act be considered as forming a part of the trust in respect of which such action or proceeding was brought, and shall be subject to return in the same manner and upon the same conditions as any other money or property in such trust, except as otherwise provided in subsection (b) of this section. " SEC. 30. Any money or other r eturn able unde r sub - Returnable property y y property subject to attachments. sec tion (b) or (n) of section 9 shall, at any ti me prior to such r eturn, be subject to attachment in accordance with the provisions of the code of law for the District of Columbia, as amended, relating to attachments in suits at law and to attachments for the enforce- ment of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the Se rvice upon Cus- enforcement of any judgment or decree, shall be served only upon tod ian . the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or Taking actual posses- other property so returnable. Nothing in this section shall be con- sion by court officer not strued as authorizing the taking of actual possession, by any officer authorized, of any court, of any money or other property held by the Alien Property Custodian or by the Treasurer of the United States. Member of the for- " SEC. 31 . As used in this Act, the term `member of the former mer ruling family . ruling family' means (1) any person who was at any time between Term defined . April 6, 1917, and July 2, 1921, the German Emperor or the ruler of any constituent kingdom of the German Empire, or (2) the wife or any child of such person ." FUGITIVES EROM JUSTICE SEC. 1 6 . Section 22 of the Trading wi th the Enemy Act, as amended, is amended to read as follows : " SEC . 22 . No person shall be entitled to the return of any property or money under any provision of this Act, or any amendment of this Act, who is a fugitive from justice of the United States or any State or Territory thereof, or the District of Columbia ." RETU RN OF IN COME Return of income. SEC. 17. Section 23 of the Trading with the Enemy Act, as amended 2' p. 1516, amended, is amended to read as follows : Payment to persons " SEC. 23 . The Alien Property Custodian is directed to pay to the e entitle ty held trn of person entitled thereto, from and after March 4, 1923, the net by Custodian . income (including dividends, interest, annuities, and other earnings), accruing and collected thereafter, in respect of any money or prop- Fugitives from jus- tice . Vol . 42, p. 1516, amended . No return of prop- erty, etc., to.

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 276 Taxes. Payment of, by Cus- todian. Vol. 42, p. 1518, amended. New matter. Compu tation and payment of income, et c., taxes, on p rop- erty he ld by Cus - todian. Return of money, etc., subject to tax lia- bility. Tax of 30 per cent on gain from sales of prop- erty, etc . Determination of, as capital net gains. Vol. 44, p. 19 . Sal es by Cus todi an considered as involun- tary conversions. Laws applicable. Date determined. No penalty assessed on tax while property held by Custodian. SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928. erty held in trust for such person by the Alien Property Custodian or by the Treasurer of the United States for the account of the Alien Property Custodian, under such rules and regulations as the Presi- dent may prescribe ." TAXES SEC . 18 . Section 24 of the Trading with the Enemy Act, as amended, is amended by inserting "(a)" after the section number and by adding at the end of such s ection ne w subsect ions to r ead as fo llows "(b) In the case of income, war-profits, excess-profits, or estate taxes imposed by any Act of Congress, the amount thereof shall, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, be computed in the same manner (except as hereinafter in this section provided) as though the money or other property had not been seized by or paid to the Alien Property Custodian, and shall be paid, as far as practicable, in accordance with subsection (a) of this section. Pending final determination of the tax liability the Alien Property Custodian is authorized to return, in accordance with the provisions of this Act, money or other property in any trust in such amounts as may be determined, under regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, to be consistent with the prompt payment of the full amount of the internal-revenue taxes. "(c) So much of the net income of a taxpayer for the taxable year 1917, or any succeeding taxable year, as represents the gain derived from the sale or exchange by the Alien Property Custodian of any property conveyed, transferred, assigned, delivered, or paid to him, or seized by him, may at the option of the taxpayer be segre- gated from the net income and separately taxed at the rate of 30 per centum . This subsection shall be applied and the amount of net income to be so segregated shall be determined, under regulations prescribed by the Commissioner of Internal Revenue with the ap- proval of the Secretary of the Treasury, as nearly as may be in the same manner as provided in section 208 of the Revenue Act of 1926 (relating to capital net gains), but without regard to the period for which the property was held by the Alien Property Custodian before its sale or exchange, and whether or not the taxpayer is an indi vidual. "(d) Any property sold or exchanged by the Alien Property Cus- todian (whether before or after the date of the enactment of the Settlement of War Claims Act of 1928) shall be considered as hav- ing been compulsorily or involuntarily converted, within the mean- ing of the incom e, exc ess-pr ofits, and wa r-prof its ta x laws and r eu- lations ; and the provisions of such laws and regulations relating' to such a conversion shall (under regulations prescribed by the Com- mis sione r of Inte rnal Reve nue w ith t he a pprov al of the Secr etary of the Treasury) apply in the case of the proceeds of such sale or exchange . For the purpose of determining whether the proceeds of such conversion have been expended within such time as will entitle the taxpayer to the benefits of such laws and regulations relating to such a conversion, the date of the return of the proceeds to the person entitled thereto shall be considered as the date of the con- version. "( e) In case of any internal-revenue tax imposed in respect of property conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian, or seized by him, and imposed in respect of any period (in the taxable year 1 .917 or any succeeding taxable year) during which such property was held by him or by the Treas- urer of the United States, no interest or civil penalty shall be assessed

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 SEVENTIETH CONGRESS. SESS. I. Cii. 167. 1928 . upo n, col lected from, or pa id by or on behalf of, th e taxp ayer shall any interest be credited or paid to the taxpayer in respect of any credit or refund allowed or made in respect of such tax. "(f) The benefits of subsections (c), (d), and (e) shall be extended to the taxpayer if claim therefor is filed before the expiration of the perio d of l imitat ions p roperl y appl icable theret o, or before the expiration of six months after the date of the enactment of the Settlement of War Claims Act of 1928, whichever date is the later . The benefits of subsection (d) shall also be extended to the taxpayer if claim therefor is filed before the expiration of six months after the return of the proceeds ." SEC. 19. Subsection (f) of section 10 of the Trading with the Enemy Act, as amended, is amended by adding at the end thereof the following new paragraph " In the case of any such patent, trade-mark, print, label, or copyright, conveyed, assigned, transferred, or delivered to the Alien Pro perty Cus todia n or seiz ed by him, any suit brou ght u nder this subsection, within the time limited therein, shall be considered as having bee n brought by the own er within the meaning of this subsection, in so far as such suit relates to royalties for the period prior to the sale by the Alien Property Custodian of such patent, trade-mark, print, label, or copyright, if brought either by the Alien Property Custodian or by the person who was the owner thereof imme diatel y prio r to t he dat e such patent, trad e-mark , prin t, lab el, or copyright was seized or otherwise acquired by the Alien Property Custodian ." SEC. 20. The proviso of paragraph (10) of subsection (b) of section 9 of the Trading with the Enemy Act, as amended (relatin(r to the return to certain insurance companies), is repealed . SHI P CLAIMS OF FORMER GERMAN NATIONALS SEC . 21 . (a) It shall be the duty of the Arbiter to hear the claims of any partnership, association, joint-stock company, or corporation, and to determine the amount of compensation to be paid to it by the United States, in respect of the merchant vessels " Carl Uiederichsen " and "Johanne" (including any equipment, appur- tenances, and property contained therein), title to which was taken by or on behalf of the United States under the authority of the Joint Resolution of May 12, 1917, and which were subsequently sold by or on behalf of the United States . Such compensation shall be deter mined as pro vided in par agraph (1) of subse ction (b) of secti on 3 of this Act, but the aggregate compensation shall not exceed, in the case of the " Carl Eiederichsen," $166,787 .78 and in the case of the "Johanne," $174,600 (such amounts being the price for which the vessels were sold, less the cost of reconditioning) . The Arbiter shall not make any award under this section in respect of the claim of any partnership, association, joint-stock company, or corporation unless it appears to his satisfaction that all its members and stockholders who were, on April 6, 1917, citizens or subjects of Germany, became, by virtue of any treaty of peace or plebiscite held or f urther treat y conc luded under such tr eaty o f peac e, cit izens or subjects of any nation other than Germany, and that all its members and stockholders on the date of the enactment of this Act were on such date citizens or subjects of nations other than Germany . (b) Upon the determination by him of such compensation the Arbiter shall enter an award in favor of such person of the amount of such compensation and shall certify such award to the Secretary of the Treasury. The amount of such award, together with interest thereon, at the rate of 5 per centum per annum, from July 2, 1921, 277 No refund, etc . Benefits extended to taxpayer filing claim wit hin state d pe riod. Patents, etc. Vol . 40, p. 422, amend- ed. Statu s of suits brought on royalties, for pat ents, etc ., held by Custodian. Res tric tion on r eturn to insurance companies re pea led . Vol. 42, p. 1513, repealed. Ship claims of former German nationals. Arbiter to hear claims for vessels "Carl Died- erichsen" and "Job- anne,"taken by United States. De ter mi nat ion of compensation. Ante, p. 256. Conditions if of own- ership by Germans, when tak en. Claima nts now of other nation than Ger- many. Award to be certified to Secretary of the Treasury . Payment authorized.
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 278 SEVENTIETH CONGRESS. SESS. 1. C$. 167 . 1928 . until the date of such payment, shall be paid by the Secretary of the Treasury, in accordance with such regulations as he may prescribe. There is aut horize d to be app ropria ted su ch am ount as may be necessary to make such payment. Time limit for apply- ing (c) No payment shall be made in respect of any award under this . section unless application therefor is made, within two years after the date such award is certified, in accordance with such regulations as the Secretary of the Treasury may prescribe, and payment shall Restrictiononpayees- be made only to the person on behalf of whom the award was made except in the cases specified in paragraphs (1) to (4) of subsection Ante, p. 258. (k) of section 3. The provisions of subsections (c), (1), (m), (o), and (r) of section 3 shall be applicable in carrying out the provisions of this section. Provisions, reclusive method for presenting (d) The provisions of this section shall constitute the exclusive and paying claims. method for the presentation and payment of claims arising out of any of the acts by or on behalf of the United States for which this section provides a remedy. Any person who files any claim or makes application for any payment under this section shall be held to have Pre senting othe r claim allowed. consent ed to a ll the provis ions of this A ct. This subsection shall not Ante, p. 258. bar the presentation of a claim under section 3 (relating to the ship claims of German nationals) in respect of the taking of the vessel Awards restricted. " Carl Diederichsen " or the vessel " Johanne " ; but no award shall be made under section 3 in respect of either of such vessels to or on behalf of any person to whom or on whose behalf an award is made under this section in respect of such vessel. Definitions. DEFINITIONS Terms construed. SEC. 22 . As used in this Act- "P erson ." (a) The term "person" means an individual, partnership, association, or corporation. "German national ." (b) The term "German national" means- (1) An individual who, on April 6, 1917, was a citizen or subject of Germany, or who, on the date of the enactment of this Act, is a citizen or subject of Germany. (2) A partnership, association, or corporation, which, on April 6, 1917, was o rganized or c reated under the law of Ger many. ember of former (3) The Government of Germany r uli M ng family ." (c) The term " member of the former ruling family " mean s (1) any person who was at any time between April 6, 1917, and July 2, 1921, the German Emperor or the ruler of any constituent kingdom "Austrian national ." of the German Empire, or (2) the wife or any child of such person . (d) The term "Austrian national " means- (1) An individual who, on December 7, 1917, was a citizen of Austria, or who, on the date of the enactment of this Act, isa citizen of Austria . (2) A partnership, association, or corporation which, on December 7, 1917, was organized or created under the law of Austria . "Hungarian na- (3) Th e Gove rnment of A ustria. tion al ." (e) The term " Hungarian national " means- (1) An individual who, on December 7, 1917, was a citizen of Hungary, or who, on the date of the enactment of this Act, is a citizen of Hungary . (2) A partnership, association, or corporation which, on December 7, 1917, was organized or created under the law of Hungary . "United States ." (3) The Gov ernm ent of Hung ary . (f) The term " United States " when used in a geographical sense includes the Territories and possessions of the United States and the District of Co lumbia.

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 SEVENTIETH CONGRESS. SESS. I. Cxs. 167-169 . 1928 . 279 LEGIS LATI VE COUNSEL AND SPE CIAL ASSISTA NT TO TAE SECRETARY OF THE TREASURY SEC. 23 . (a) Section 1303(d) of the Revenue Act of 1918, as Lelg.slaive aunns e l d amended by section 1101 of the Revenue Act of 1924, is amended by ed . alaries established. adding at the end thereof a sentence to read as follows : "Notwithstanding the foregoing provisions, the compensation of each of the two legislative counsel in office upon the date of the enactment of the Settlement of War Claims Act of 1928 shall, after such date, be at the rate of $10,000 a year ." Special assistant to (b) The salary of the Special Assistant to the Secretary of the Secretary of the Trees- Treasury in matters of legislation, so long as the position is held by "' Salary establ ished . the present incumbent, shall be at the rate of $10,000 a year . Approved, March 10, 1928 . CHAP . 168 .-An Act Grant ing the c onse nt of Con gres s to the Louis iana Hig hw ay Com mi ssi on to co ns tru ct, maintain, and ope rat e a toll bridge across the Atchafalaya Rive r at or near Morgan Ci ty, Louisiana . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Louisiana Highway Commission to construct, maintain, and operate a bridge and approaches thereto across the Atchafalaya River, at a point suitable to the interests of navigation, at or near Morgan City, Louisiana, in accordance with the provisions of an Act entitled "An Act to regulate the construc- tion o f brid ges ov er nav igable water s," app roved March 23, 19 06, an d subject to the conditions and limitations contained in this Act . SEC. 2. If tolls are charged for the u se of su ch bridge, the rat es of toll shall be so adjusted as to provide a fund sufficient to pay the reason able c ost of maint aining , repa iring, 'and o perati ng the bridg e and its a pproa ches unde r eco nomic al m anage ment, and to p rovid e a sinking fund sufficient to amortize the cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the completion thereof . After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper mainte- nance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the costs of the bridge and it s appr oaches, the expend itures for ma intain ing, r epair- ing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 3 . The right to alter, amend, or repeal this Act is hereby express ly res erved. Approved, March 10, 1928. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the times for comme ncing and comp letin g the con struc tion of th e br idge autho r- ized by the Act of Congress approved March 10, 1926, to be built March 10, 1928. [H. R. 449.] [Public, No. 123 .1 Atchafalaya River. Louisiana Highway Commissio n may bridge, at Morgan City, La. Const ructio n. Vol.34,p.84- Rates of toll to pro- vide for operation, sink- ing fund, etc. Maintenance as free bridge, etc ., after amor- tizing costs. Record of expendi- tures and receipts. Amendment. March 10, 1 1928. CHAP. 169 .-An Act To extend the times for commencing and completing 	[H. R. 5727 .] the construction of a bridge across the Ouachita River at or near Harrisonburg, [Public, No. 124 .] Louisiana. Ouachita River. Time extended for bridging, at Harrison- burg, La.

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 280 SEVENTIETH CONGRES S. SESS. I. CHS. 169, 170 . 1928 . by t he S tate Hig hway Com miss ion of L ouis iana acr oss the Ouac hita Vol . 44, p .201, amend- River at or near Harrisonburg, Louisiana, are hereby extended one ed. and thre e years, respect ively, fr om the d ate of a pproval hereof. Am endment. SEC. 2 . The right to alter, amend, or repeal this Act is her eby expressly reserved. App roved, March 10, 192 8. March 10, 1928. [H. R. 5803.] CHAP. 170.-An Act Authorizing the Interstate Bridge Company, of [Public, No. 125.] Lansing, Iowa, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near Lansing, Iowa. Be it enacted by the Senate and House of Representatives of the Mississippi River. In terstate Br idge United States o f America in Congress assembled, That in order to Company may bridge, facil itat e int erst ate c omme rce, impr ove the p osta l ser vice, and pro vide at Lansing, Iowa. for military and other purposes, the Interstate Bridge Company, its successors and assigns, be and is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Lansing, Allamakee County, Iowa, and a point opposite in the State of Wisconsin, in accordance with the provisions of the Vol 534, P .' °84 . Act ent itled "An Act to regulate the constructi on of bridges over na vigabl e water s," app roved March 2 3, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real estate, etc ., for location, SE C. 2. There is here by confe rred upo n the In terstate Bridge Coin- approaches, etc. pany, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occu py, possess, and use real estate and other property needed for the location, construction, oper- at ion, and mainten ance of such bri dge and its appr oaches a s are po s- sessed 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 Cond emnation pr o- ceedings. such State, and the proceedings therefor shall be the same as in the condemnati on or expropriation of property for publ ic purposes in such State. Tolls authorized. SEC. 3 . The said Interstate Bridge Company, its successors 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 Vol .34,p .85 . until c hanged by the Secret ary of War under the authority contained in the Act of March 23, 1906. iz d, Acquisition completion, SEC. 4 . After the completion of such bridge, as determined by by Iowa, Wisconsin, etc the Secretary of War, either the State of Iowa, the State of Wi,scon- , sin, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its ap- proaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with Compensation if ac- the laws of either of such States governing the acquisition of private quird by condemns- property for public purposes by condemnation or expropriation. If Lion. at any time after the expiration of twenty years after the comple- tion of such bridge the same is acquired by condemnation or expro- priation, the amount of damages or compensation to be allowed Lim itati ons. sha ll not i nclude g ood will, going value, o r prospe ctive re venues o r profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion

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 SEVENTIETH CONGRESS. SESS. I. CIi. 170. 1928 . 281 costs not to exceed 10 per centum of the sum of the cost of construct- ing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. Tolls under State, SEC. 5 . If such bridge shall be taken over or acquired by the States etc ., operation. or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter Rates applied to op- charged for the use thereof, the rates of toll shall be so adjusted as eration, sinking fund, to provide a fund sufficient to pay for the reasonable cost of main- etc r taming, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund suf- ficient to amortize the amount paid therefor including reasonable interest and financial cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for Maintenance as free b bridge, etc ., after amor- such amortization shall have been so provided, such bridge shall tiz ing costs. 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 tie amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical manage- m e n t. An accurate record of the amount paid for acquiring the t aresR ecand ord receipts . c i- bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, sh all be ke pt and sh all be av ailable f or the i nformatio n of all persons in terested. SEC. 6 . The Interstate Bridge Company, its successors and assigns, construction statement of b f construction costs, etc ., shall within ninety days after the completion of such bridge file with to be filed after comple- the Secretary of War, and with the highway departments of the t'on. State s of Iowa and Wisco nsin, a s worn itemi zed s tate ment showi ng the actual original cost of constructing the bridge and its approaches, the act ual co st of acquir ing an y inte rest in real proper ty nec essary Investigation by the therefor, and the actual financing and promotion costs. The Secre- Secretary of war. tary of War may, and upon request of the hi ghway 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 state- ment of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Interstate Bridge Compan y, its succe ssors and as signs, shall make a vailab le all of its records in connection with the construction, financing, and Findi ngs o f Se creta ry promotion thereof. The findings of the Secretary of '«Tar as to the conclusive. reasonable costs of the construction, financing, and promotion of the bri dge sh all be concl usive for th e purpo ses me ntione d in s ection 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. Right to sell, etc ., SEC. 7 . The right to sell, assign, transfer, and mortgage all the conve yed. rights, powers, and privileges conferred by this Act, is hereby granted to Interstate 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 thou gh co nferr ed he rein dire ctly upon such corp orat ion o r per son. SEC. 8 . The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, March 10, 1928.

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 282 March 10, 1928. [Ii. R . 6476.] [Public, No. 126 .] Mississippi River. Wabasha Bridge Committee may bridge, at Wabasha, Minn. Const ruction. Vol .34,p.84. Right to acquire real estate, etc ., for location, approaches, etc. Condemnation pr o- ceedings. Tolls authorized. Vol.34,p .85 . Acquisition author- ize d, a fter comp letio n, by Minnesota, Wiscon- sin, etc. Compensation if ac- quired by condemna- tion. Limitations. Tol ls un der stat e, etc., operation. Rates app lied to op- eration, sinking fund, et c. SEVENTIETH CONGRESS. SESS. I. Cri. 171 . 1928 . CHAP. 1 71 .-An Act Autho rizin g th e Wab asha Brid ge Co mmitt ee, Wabas ha, Minnesota, to construct, maintain, and operate a bridge across the Mississippi River at or near Wabasha, Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, Wabasha Bridge Committee, Wabasha, Minnesota, its successors and assigns, be, and is hereby, auth orized to construct, maintain, and opera te a bridge and approac hes th ereto across the M ississ ippi Ri ver, a t a po int su itable to the interests of navigation, at or near the city of Wabasha, M innes ota, in a ccord ance with the provi sions of the A ct en titl ed "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2 . There is hereby conferred upon Wabasha Bridge Com- mittee, Wabasha, Minnesota, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. SEC. 3. The said Wabasha Bridge Committee, Wabasha, Minnesota, it s success ors and a ssigns, i s hereby authoriz ed to fix and char ge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. SEC. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Minnesota, the State of Wis- con sin, a ny pub lic ag ency o r poli tical subdivi sion o f eith er of such St ates, within or ad joinin g whic h any part of the b ridge is loc ated, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its app roache s, and any i nteres t in r eal pr operty necess ary th erefor, by purchase or by. condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropria- tion, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real prop- erty, and (4) actual expenditures for necessary improvements. SEC. 5. If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of main- taining, repairing, and operating the bridge and its approaches

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 SEVENTIETH CONGRESS. SESS. I. Cns. 171, 172. 1928 . 283 under economical management, and to provide a sinking fund suffi- cien t to amo rtize th e amount paid th erefor a s soon as possibl e under reasonable cha rg es, but within a period of not to exceed twenty Maintenance as fr ee years from the da te of acquiring the same. After a sinking fund bridge, etc., after amor. su$i cient to pay the cost of acquiri ng the b ridge and its app roaches tizing costs. shall have been so provided, such bridge shall thereafter be main- tained and operated free of tolls, or the rates of tolls shall be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and Re cord of e spen di- its approaches under economical management. An accurate record tures and receipts . of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same a nd of the daily tolls collected, shall be kept a nd shall be avai l- able for the information of all persons interested. Sw orn state ment of SEC. 6. The Wa bash a Br idge Com mitt ee, •V abasha, Minnesota, its construction costs, etc ., comple- of and assigns, shall within ninety days after the completion to lion. be filed after of such bridge file with the Secretary of War, and with the highway de part ment s of the Sta tes of M inne sota and Wis cons in, a sw orn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any inter- est in real property necessary therefor, and the actual financing and In vesti gati on by Sec - promotion costs. The Secr etar y of War may , and up on r eque st of retary of War. the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed. and shall make a find- ing of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Wabasha Bridge Committee, Wabasha, Minnesota, its successors and assigns, shall make ava ilable a ll recor ds in co nnection with th e Findings of Secretary con structio n, finan cing, an d promot ion ther eof. The findings of the conclusive. S ecreta ry of War as to the r eason able c osts of th e cons truct ion, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7 . The right to sell, assign, transfer, and mortgage all the conferred to sell, etc ., rights, powers, and privileges conferred by this Act, is hereby granted to Wabasha Bridge committee, Wabasha, Minnesota, its suc- cessors 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 au tho ri zed and empowered to exercise the sa me as fu lly as t hough co nferred herein d irectly upon suc h corpor a- tion or person. SEC. 8. The right to alter, amend, or repeal this Act is hereby Am endment. exp ressly r eserved. Approved, March 10, 1928 . March 10, 1928. CHAP. 172 .-An Act Authorizing E. H. Wegener, his heirs, legal representa- 	[H. R. 69 3 .1	tives, and assigns, to construct., maintain, and operate a bridge across the Missis- [Public, No .127.1 sippi River at or near Chester, Illinois. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That in order to Mississippi River. F.fI. Wegener may facilitate interstate commerce, improve the postal service, and provide bri dge, at Chest er, Ill. for mili tary and other p urposes, E. H. W egener, his heir s, legal rep- resentatives, and assigns, be and is hereby authorized to construct, 54835 ° -29-PT 1	22

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 284 SEVENTIETH CONGRESS. SEss. I. CH. 172 . 1928 . maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, voia4 p' °s4: at or near Chester, Illinois, in accordance with the provisions of the Post, p. 1529. Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Right to acquire real estate, etc ., for location, SEC. 2. There is hereby conferred upon E. H. Wegener, his heirs, approaches, etc. legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, opera tion, and ma intena nce of such bridge and it s appr oaches, as a re possessed by railroad corporations for railroad purposes or by bridge cor porat ions for bridg e pu rpose s in the State in w hich such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such ce Condemnation pro- State, and the pr oceedi ngs th erefor shall be the same as in the co n- demnation or expropriation of property for public purposes in such State. Tolls authorized. SEC. 3. The said E. H. Wegener, his heirs, legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal Vol.34, p.85. rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. iz d, after completion, Src. 4 . After the completion of such bridge, as determined by by Illinois, Missouri, the Secretary of War, either the State of Illinois, the State of Mis- etc. souri, any public agency or political subdivision of either of such States, within or adjoining which any part of the bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any inter est in real proper ty nec essary theref or, by purch ase or by co ndemn ation or expro priat ion, in a ccord ance with the laws of either of such States governing the acquisition of private property Compensation if ac- for public purposes by condemnation or expropriation. If at any quir ed by conde mna- t ion . time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include Limitations. good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of construction of the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. Tons u nder state , SEC. 5. If such bride shall be taken over or acquired b the States etc ., operation. b y or public agencies or political subdivisions thereof, or by either of Rates a pplied to op - them, as provided in section 4 of this Act, and if tolls are thereafter eration, sinking fund, charged for the use thereof, the rates of tolls shall be so adjusted etc . as to provide a fund sufficient to pay for the reasonable cost of main- taining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund suffi- cient to amortize the amount paid therefor including reasonable interest and financing cost, as soon as possible under reasonable Maintenance as free charges, but within a period of not to exceed twenty years from the br idg e, etc ., after amo r- date of acquiring the same. After a sinking fund sufficient for such tizmg cos ts. amortization shall have been so provided, such bridge shall there- after be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and opera-

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 SEVENTIETH CONGRESS. SESS. I. CHs. 172, 173 . 1928. tion of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. 6. The said E. H. Wegener, his heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Illinois and Missouri, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and r easona ble co sts of constr ucting, fina ncing, and p ro- moting such bridge ; for the purpose of such investigation the said E. H. Wegener, his heirs, legal representatives, and assigns, shall make available all records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes men- tioned in section 4 of this act, subject only to review in a court of equi ty for fraud or gr oss mi stake. o SEC. 7 . The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act, is hereby granted to the said E. H. Wegener, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom suc h righ ts, po wers, and pr ivileg es may be sol d, ass igned, or tr ans- ferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to execise the same as fully as though conferred herein directly upon such corporation r p erson. Ec. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. CHAP. 173 .-An Act Granting the consent of Congress to the Oregon- Washington Bridge Company to maintain a bridge already constructed across Columbia R iver near the city o f Hood River, Oregon. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Congress is hereby granted to the Oregon-Washington Bridge Company, and its successors and assigns, to maintain and operate, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," ap- proved March 23, 1906, a bridge and approaches thereto already constructed across the Columbia River near the city of Hood River, Oregon, which bridge is hereby declared to be a lawful structure to the same extent and in the same manner as if it had been con- structed in accordance with the provisions of said Act of March 23, 1906. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, Marc h 1 0, 19 28. 285 Record of expendi- tures and receipts. Sworn statement of construction costs, etc ., to be filed after com- pletion. In vesti gati on by Sec - retary of War. Fi nding s of Secr etar y conclusive. Right to sell, etc ., conferred. Amen dment. March 10, 1928. [H..R. 7199.] [Public, No. 125.] Columbia River. Bridge across, by Oregon-Washington Bridge Company, at Hood River, Oreg ., legalized. Const ruction . Vol.34,p.84. Amen dment.

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 286 SEVENTIETH CONGRESS. SESS. I. CHs. 174-176 . 1928 . March 10, 1M. CHAP. 174 .-An Act To legalize a bridge across the Snake River near Hey- [H. R.7371'] burn, Idaho. [Public, No. 129.] Snake River. Be it enacted by the Senate and House of Representatives of the Bridge acr oss, by United States o f America in Congress assembled, That the free aiZ at Heyburn, leg ed highway bridge now being constructed by the State of Idaho across the Snake River near Heyburn, Idaho, if completed in accordance with plans accepted by the Chief of Engineers and the Secretary of War as providing suitable facilities for navigation, shall be a lawful struc ture, and sh all be subje ct to t he con dition s and limita - Vol. 34,p 184. tions of the Act entitled "An Act to regulate the construction of bridges over navigable waters ," approved March 23, 1906, other than th ose re quirin g the approv al of plans b y the Chief of Eng ineers and the Secretary of War before the bridge is commenced. Am endment. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. March 10, 1928. [H.R. 7375.] CHAP. 175 .-An Act Granting the consent of Congress to the highway de- [Public, No. 130,] par tment of the State of Al abama to con struct, maint ain, and ope rate a free high- way bridge across the Tennessee River at or near Guntersville on the Guntersville- Huntsville Road in Marshall County, Alabama. Be it enacted by the Senate and House of Representatives of the Al aba mamay brid ge, A ba rn Tennessee River. United States off America in Congress assembled, That the consent of atv untters i2o Congress is hereby granted to the highway department of the State of Alabama to construct, maintain, and operate a. free highway bridge and approaches thereto across the Tennessee River at a point suitable to the interests of navigation at or near Guntersville on the Const ruction. Guntersville-Huntsville Road in Marshall County, in the State of Vol.34,p.84. Alabama, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Amend ment. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. March 10, 1928. [H. R. 7909.] CHAP. 176 .-An Act To authorize the maintenance and renewal of a timber [Public, No. 131 .] frame trestle in place of a fixed span at the Wisconsin end of the steel bridge of the Duluth and Superior Bridge Company over the Saint Louis River between the States of Wisconsin and Minnesota. Sai nt Lo uis River Be it enacted by the Senate and House of Representatives of the Duluth and Superior United States of America in Congress assembled, That the Duluth Bridge Company may reconstruct bridge and Superior Bridge Company, a corporation organized under the across, between Rices laws of the State of Wisconsin, and its successors in interest be, Point, Minn ., and Con- > I 9 nors Point, Wis. and they are hereby, authorized to replace the three-hundred-foot Vol.28,pp . CA, 228 . steel span of the bridge of the said Duluth and Superior Bridge Com- pany across the Saint Louis River between Rices Point, Minnesota, and Conn ors Point, Wis cons in, b uilt purs uant to Ac ts of Con gress approved, respectively, April 24, 1894, and August 4, 1894, which three-hundred-foot steel span adjoined the Wisconsin end of the draw span of said bridge and was heretofore destroyed by a steam- ship collision, with a twenty-two span frame trestle, which has now been erected under temporary permit from the Secretary of War of the United States; and to maintain said twenty-two span frame trestle in place of the said metal span and as a part of the bridge provided for in said Acts of Congress; and to replace the said twenty-two span frame trestle from time to time as the same may

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 SEVENTIETH CONGRESS. SESS. I. CHs. 176-178 . 1928 . 287 be required with a like or similar structure or structures of similar type, notwi thstan ding a ny pro vision to the contr ary in the s aid Ac ts of Congress : Provided, however, That the said present twenty-two span frame trestle shall not be renewed or replaced until detailed plans and specifications for such renewal or replacement shall have been submitted to and approved by the Secretary of War. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expre ssly r eserve d. Approved, March 10, 1928. CHAP. 177 .-An Act Granting the consent of Congress to the highway de- partment of the State of Alabama to construct, maintain, and operate a free high- way bridge across the Tennessee River at or near Whitesburg Ferry, on the Huntsville-Laceys Spring Road between Madison and Morgan Counties, Alaba ma. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the consent of Congress is hereby granted to the highway department of the State of Alabama to construct, maintain, and operate a free highway bridge and a pproac hes th ereto across the Te nnesse e Rive r, at a poin t suitab le to the in terest s of n avigat ion, at or ne ar Whi tesbur g Ferr y on the Huntsville-Laceys Spring Road between Madison and Morgan Count ies, i n the State of Ala bama, in acco rdance with the pr ovisio ns of the Act entitled "An Act to regulate the construction of bridges over navi gable wate rs," appr oved Marc h 23, 1906. SEC. 2. The Act of Congress approved March 22, 1926, ent itled "An Act granting the consent of Congress to the highway depart- ment of the State of Alabama to construct a bridge across the Ten- nessee River near Whitesburg Ferry on Huntsville-Laceys Spring Road between Madison and Morgan Counties, Alabama," is hereby repealed. SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1 9 2 8. Proviso. Approval of Secr e- tary of War required. Amendment . March 10, 1928. [H. R. 7914 .] [Public, No. 132.] Tenne ssee R iver. Alabama may bridge, at Whitesburg Ferry. Cons tructi on. Vol.34,p.84. Former Act repealed. Vol. 44, p. 215. re- peale d. Amendment. 10, . CHAP. 178.-An Act Granting the consent of Congress to the highway depart- [H. March R . 79 15 .] 719 ment of the State of Alabama to construct, maintain, and operate a free highway [Public, No. 133 .] bridge across the Tennessee River at or near Scottsboro, on the Scottsboro-Fort Payne Road in Jackson County, Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent Tennessee River. Alabama may bridge, of Congress is hereby granted to the highway department of the at Scottsboro. State of Alabama to construct, maintain, and operate a free high- way bridge and approaches thereto across the Tennessee River at a point suitable to the interests of navigation, at or near Scottsboro, on the Scottsboro-Fort Payne Road in the county of Jackson, in the State of Alabama, in accordance with the provisions of the Act Cons tructi on. entitled "An Act to regulate the construction of bridges over navi- Vol. 34, p . I'- gable waters," approved March 23, 1906. SEC. 2 . The Act of Congress approved March 22, 1926, entitled Volm 44,, p. r 215, re- "An Act granting the consent of Congress to the highway depart- peale d . ment of the State of Alabama to construct a bridge across the Ten- nessee River near Scottsboro, on the Scottsboro-Fort Payne Road in Jackson County, Alabama," is hereby repealed. SEC. 3 . The right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, March 10, 1928.

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 288 SEVENTIETH CONGRESS. SEss. I. Cas. 179-181 . 1928 . March 10, 1928. CHAP. 179.-An Act Granting the consent of Congress for the maintenance [H. R. 7925.] and operation of a bridge across the Monongahela River betwe en th e bor ough of [Public, No. 134 .] Glassport and the city of Clairton, in the Commonwealth of Pennsylvania. Be it enacted by the Senate and House of Representatives of the Monongahela River. Allegheny Cou nty United States of America in Congress assembled, That the consent may bri dg e, st anCla of Congr ess is hereb y gran ted to the C ounty o f Alle gheny, a cor pora- ton, Pa. tion, duly authorized under the laws of the Commonwealth of Penn- sylvania, and it is hereby authorized and empowered to maintain and operate its existing free highway bridge and the approaches thereto over the Monongahela River between the borough of Glass- port and the city of Clairton, county of Allegheny, and Common- Val.34,p.84 onstruction . . wealth of Pennsylvania, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navi- gable waters," approved March 23, 1906. Amen dment . SEC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 1 0, 19 28. March 1 0, 1928. [H. R.8530.] [Publ ic, No. 1 35 .] Coosa River. Alabama may bridge, at Cedar Bluff. Constru ction. Vol.34,p.84. Amend ment. CHAP. ISO .-An Act Granting the consent of Congress to the highway de- partment of the State of Alabama to construct, maintain, and operate a free highway bridge across the Coosa River near Cedar Bluff in Cherokee County, Al abama. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the c onsen t of Congre ss is hereby grant ed to the hi ghway d epartm ent of the S tate of Alabama and its successors and assigns, to construct, maintain, and operate a free highway bridge and approaches thereto across the Coosa Ri ver at a point sui table to the inter ests of n avigation, near Cedar Bluff in Cherokee County, State of Alabama, in accordance with the provisions of the Act entitled "An Act to regulate the con- struction of bridges over navigable waters," approved March 23, 1906. SEC. 2 . That the right to alter, amend, or repeal this Act is hereby expressly reserved. App rov ed, Ma rch 10, 1928. March 10, 1928. [13. R. 8531 .] CHAP. 181 .-An Act Granting the conse nt of Congr ess t o the high way [Public, No . 136.] department of the State of Alabama to construct, maintain, and operate a free highway bridge across the Coosa River on the Columbiana-Talladega Road Between Talladega and Shelby Counties, Alabama. Coosa River. Be it enacted by the Senate and House of Representatives of the Alabama may bridge, United States o f America in Congress assembled, That the consent bet ween and he yCount es of Congress is hereby granted to the highway department of the State of Alabama to construct, maintain, and operate a free high- way bridge and approaches thereto across the Coosa River at a point suitable to the interests of navigation, o n the Columbiana-Talladega Vol .34,p. Construct ion .. Road between Talladega and Shelby Counties, in the State of Ala- bama, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," Amendmen t. approved March 23, 1906 . SEC. 2 . That t he right to alter, amend, o r repeal this Act is hereb y expressly reserved. Approved, March 10, 1928.

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 SEVENTIETH CONGRESS. SEss. I. Cii. 182 . 1928 . 289 CHAP. 182 .-An Act Authorizing Osc ar Baertch, Christ Buh man n, and March 10, 1928. Fred Reiter, thei r heirs, leg al representa tives, and a ssigns, to c onstruct, ma in- [H .R. 8726.] tain, and operate a bridge across the Misoissippi River at or near Alma, Wisconsin. [Public, No . 137 .] Be it enacted by the Senate and House o f Representatives o f the Mississippi River. United States o f America in Congress assembled, That in order to Oscar Baertch, etc ., facilitate interstate commerce, improve the postal service, and pro- may bridge, at Alma, vide for military and other purposes, Oscar Baertch, Christ Buh- mann, and Fred Reiter, their heirs, legal representatives, and assigns, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Alma, Buffalo County, Wisconsin, and a point opposite thereto in Wabasha County, Minnesota, in accordance with the provisions of the Act Construction. e ntit led "An Act to r egul ate the cons truc tion of brid ges over nav i- Vol.34,p.84. gable waters," approved March 23, 1906, and subject to the con- ditions and limitations contained in this Act. Right to acquire real SEC. 2 . There is hereby conferred upon Oscar Baertch, Christ estate, etc., for location, Buhmann, and Fred Reiter, their heirs, legal representatives, and a pproa ches, etc , as signs, all su ch righ ts and powers to ent er upo n lands and to acqui re, 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 corpo- rations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upo n making just compensation therefor, to be ascer- tained and paid according to the laws of such State, and the pro- Co ndemnation pro- ceedings therefor shall be the same as in the condemnation or expro- ceedings . priation of property for public purposes in such State. SEC. 3. The said Oscar Baertch, Christ Buhmann, and Fred Reiter, Tolls authorized . their heirs, legal representatives, and assigns, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary Vol.34,p.85. of War under the authority contained in the Act of March 23, 1906. Acquisition author- SEC. 4 . After the completion of such bridge, as determined by the i zed, afte r com pleti on, Secretary of War, either the State of Wisconsin, the State of Minne- nesota, by etc. , Min- Secretary - Wisconsin, sota, 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 anti take over all right, title, and interest in such bridge and its ap- proaches, and any interest in real property necessary therefor, by pur chase or by c ondemnation o r expropriatio n, in accorda nce with the laws of either of such States governing the acquisition of private proprty for public purposes by condemnation or expropriation. Compensation if ac- e If at any time after the expiration of twenty years after the cam- qu ired by con demna- pletion of such bridge the ,same is acquired by condemnation or t ion . expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues Limitations. or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduc- tion 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 con- structing the bridge and its approaches and acquiring such interests in real property, and (4) actual expenditures for necessary improve- ments. SEC. 5. If such bridge shall be taken over or acquired by the States Tolls und er s tate, or public agencies or political subdivisions thereof, or by either of etc., operation. them, a s provi ded in sectio n 4 of this Ac t, and if tol ls are therea fter Rates applied to op- charged for the use thereof, the rates of toll shall be so adjusted as eration, sinking fund, to provide a fund sufficient to pay for the reasonable cost of main- etc '

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 290 SEVENTIETH CONGRESS. SEss. I. Cas. 182, 183 . 1928 . taining, 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 co st, as soon a s possible un der reasonable charges, but within a period of not to exceed twenty years from the date of acquir- Mae, etc ., aft as free briageer amor- ing the same. After a sinking fund sufficient for such amortization tiz ing costs. shall have been so provided, such bridge shall thereafter be main- tained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the Record of expendi- bridge and its approaches under economical management. An tares and receipts. accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. construction Sworn costs, of SEC. 6 . The said Osc ar Baertch, C hrist Buhmann, and Fred Rei ter, cost s, et c., > to be rued after com- their heirs, legal representatives, and assigns, shall, within ninety pletion. days after the completion of such bridge, file with the Secretary of War and with the highway departments of the States of Wisconsin and Minnesota, a sworn itemized statement showing the actual origi- nal cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, Investigation by Sec- and the actual financing and promotion costs. The Secretary of retary of War. War ma y, and upon reque st of the hi ghway depar tment of eit her of such States shall, at any time within three years after the com- pletion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of suc h investigati on the said O scar Baertch, Christ Buh- mann, and Fred Reiter, their heirs, legal representatives, and assigns, shall make available all their records in connection with the construc- Findings of Secretary tion, financing, and promotion thereof. The finding of the Secre- conclusive. tary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. conferred to sell, etc., SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privile ges conferred by this Act, is hereby granted to Oscar Baertch, Christ Buhmann, and Fred Reiter, their heirs, legal r epresentative s, and assign s, and any cor poration to ,which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Amen dment. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. March 10, 1928. [a. R.8749.] CHAP. 183 .-An Act Granting the consent of Congress to the county of [Public, No. 138 .] Cook, State of Illinois, to construct, maintain, and operate a free highway bridge across the Little Calumet River in Cook County, State of Illinois. Little Ca lu met Be it enacted by the Senate and House o f Representatives o f the Rive r. Unit ed S tate s of Ame rica in Cong ress ass embl ed, That the consent may bri dg e, ar' Asb'- of Congress is hereby granted to the county of Cook, State of Illinois, land Avenue. t o cons truct, maint ain, and op erate a fre e high way br idge a nd app roaches there to across Lit tle Calumet Ri ver at Ashlan d Avenue,

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 SEVENTIETH CONGRESS. SEss. I. CHs. 183, 184 . 1928 . 291 between sections 31 and 32 of township 37 north, range 14 east, in said county and State, 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 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928. Construction. Vol.34,p.84. Amendment. CHAP. 184.-An Act Authorizing the Dravo Contracting Company, its March 10, 1928. [II. R.Si41.] successors and assigns, to construct, maintain, and operate a bridge across the [Public, No. 139.1 Mississippi River at or near Chester, Illinois. Be it enacted by the Senate and House o f Representatives o f the Unit ed S tates o Am eric a in Con~` ress asse mbled, That in order to Mississippi River. f Dravo Co ntra cting facilitate interstate commerce improve the postal service and pro- Company ma y bridge, I at Cheater, Ill. vide for milit ary a nd o ther purpo ses, the Dravo Con tract ing C om- pany, its succe ssor s and assi gns, be a nd is here by a uthor ized to cons truct, mai ntain , an d ope rate a br idge and a ppro aches ther eto across the Mississippi River, at a point suitable to the interests of navigation, at or near Chester, Illinois, in accordance with the pro- visions of the Act entitled "An Act to regulate the construction of constructio n . bridge s over navig able w aters, " appr oved Ma rch 23, 1906 , and subjec t vol. 34, p.s4. t o the conditions and limitations contained in this Act. SEC . 2 . There is hereby conferred upon the Dravo Contractin Right to acquire real y g estate, etc ., far loca- Company, its successors and assigns, all such rights and powers to tion, approaches, etc. enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, opera tion, and ma intena nce of such bridge and it s appr oaches as ar e possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor, shall be the same as in the con- Condemnat ion pro- demnation or expropriation of property for public purposes in such cee din gs. State. SEC. 3 . The said Dravo Contracting Company, its successors and Tolls authorized. assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority contained vol. 34, p.85. in the Act of March 23, 1906. Acquisition author- SEC. 4. Afte r the com pleti on of such bri dge, as determined by ized, after completion, the Secretary of War, either the State of Illinois, the State of Mis- bi nhnois, Missouri, souri, any public agency or political subdivision of either of such States, within or adjoining which any part of the bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its ap- proaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If Compensation if -c- at any time after the expiration of twenty years after the completion coned by conaemna- of such bridge the same is acquired by condemnation or expropria- tion, the amount of damages or compensation to be allowed shall not in clude goo d will, g oing valu e, or pro spective revenues or profit s, but shall be limited to the sum of (1) the actual cost of constructing Limitations. 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

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 29 '2 SEVENTIETH CONGRESS. SESS. I. Cia. 184. 1928 . Tolls under State, etc ., operation . Rates applied to op- eration, sinking fund, etc. Maintenance as free bridge, etc ., after amor- tiz ing costs. R ecord of expe ndi- tures and receipts. Sworn statement of construction costs, etc ., to be filed after comple- tion. In vesti gati on by Sec - retary of War. Fi nding s of Secr etar y conclusive. Right to sell, etc ., conferred. Amend ment. exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property, and (4) actual expenditures for necessary improvements. SEC. 5. If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of tolls shall be so adjusted as to provide a fund sufficent to pay for the reasonable cost of maintain- ing, repairing, and operati ng the bridge and its appro aches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, or to amortize the bonds or other securities issued for that purpose with reasonable financing costs, as soon as possib le under reas onable charge s, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the act ual expenditu res for maint aining, repair ing, and oper ating t he same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. SEC. G. The Dravo Contracting Company, its s uccessors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Illinois and Missouri, a sworn itemized statement show- ing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and upon request of the highway depart- ment 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 cost alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge ; for the purpose of such investigation the said Dravo Con- tracting Company, its successors and assigns, shall make available all records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act, is hereby granted to the Dravo Contracting Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred her ein directly u pon such corp oration or per son. SEC. 8 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 10, 1928.

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 SEVENTIETH CONGRESS. SEss. I. Ci;3s. 185-187 . 1928 . 293 CHAP. 185 .-An Act To extend the times for commencing and completing March 10, 1928. the construction of a bridge across the Mississippi River at or near Saint Paul [11. R .8743 .1 and Minneapolis, Minnesota. [Public, No. 140.] B e it enacted by the Senate and House of Representatives of the Mississippi River. United States of America in Congress assembled, That the times for Time exte nded for commencing and completing the construction of the bridge authorized bridging, SaM int ne aul, by Act of Congress approved February 16, 1924, and amended by Minn. 44,p .13s,amend- Acts approved February 7, 1925, and March 1, 1926, to be built ed. by the Chicago, Milwaukee and Saint Paul Railway, its successors Post, p . 1185. and assigns, across the Mississippi River, within or near the city limits of Saint Paul, Ramsey County, and Minneapolis, Hennepin County, Minnesota, are hereby extende d one and three year s, respectively, from February 16, 1928. SEC. 2 . The right to alter, amend, or repeal this Act is hereby Amendmen t expressly reserved. Approved, March 10, 1923. March 10, 1928. CHAP. 186 .-An Act Granting the consent of Congress to the Louisiana 	[H. R. 8818 .]	Highway Commissio n to construct, main tain, and operate a free highway bridge [Public, No. 141.] across the Red River at or near Moncla, Louisiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent Red r Give Highway of Congress is hereby granted to the Louisiana Highway Commission Com mi ss ion may bridge, at Moncla. to construct, maintain, and operate a free highway bridge, and ap- Vol.44,p.217. proaches thereto, across the Red River, at a point suitable to the interests of navigation, at or near Moncla, in the Parish of Avoyelles and S tate o f Loui siana, and a point opposi te the reto, in acc ordanc e Con s34 c ion. with the provisions of the Act entitled, "An Act to regulate the con- struction of bridges over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, am end, or r epeal th is Act is hereby Amendmen t. expressly reserved. Approved, March 10, 1928. March 10, 1028. CHAP. 187 .-An Act Authorizing the American Bridge and Ferry Company [H. R.8837.] (Incorporat ed), its suc cessors and assigns, to c onstruct, ma intain, and operate a [Public, No. 142 .] bridge acro ss the Missi ssippi River at or near C assville, Wi sconsin. Be it enacted by the Senate and House o f Representatives of the Mississippi River. United States of America in Congress assembled, That in order to American Bridge and facili tate i nterst ate co mmerce, impr ove the posta l serv ice, a nd pro - Fer ry , C ompa ny ~sm vide for military and other purposes, the American Bridge and Wis. Ferry Company (Incorporated), its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near the village of Cassville, Grant Coun ty, W iscon sin, and a poi nt op posi te in Clay ton Count y, Io wa, Construct ion. in accodance with the provisions of the Act entitled "An Act to vol. 34,p.84. regulate the construction of bridges over navigable waters," approved Marc h 2 3, 1 906, and sub ject to the con diti ons and lim itat ions contained in this Act. SEC. 2. There is hereby conferred upon the American Bridge and Righ t to acqu ire real estate, etc ., for locatio n, Ferry Company (Incorporated), 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 a pproa ches as a re po ssess ed b y rai lroad cor porat ions for railroad purposes or by bridge corporations for bridge purposes

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 294 SEVENTIETH CONGRESS. SEss. I. CII. 187 . 1928 . in the State in which such real estate or other property is situated, C onde mnati on pr o- upon making just compensation therefor, to be ascertained and paid ceedings. according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. T°115 authorized. SEC. 3 . The said American Bridge and Ferry Company (Incorpo- rated), its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so Vol.34,p.85. fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. izod, Acquisition aftecauthor- SEC. 4. After the completion of such bridge, as determined by r com lot ion, by Wisconsin, Iowa, the Secretary of War, either the State of W isconsin, the State of etc. Iowa, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real prop erty necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition quired by condemns- uisition of private prop- Compensation if a°- ert3' for public purposes b condemnation or expropriation. If at ~' ton. any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not Lim itat ions. include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value, (2) the actual cost of acquiring such interest in real property, (3)' actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real prop- Tolls under State, erty, and (4) actual expenditures for necessary improvements. etc., operation. SEC. 6. If such bridge shall be taken over or acquired by the States or public agencies or political subdivisions thereof, or by Rates app lied to op- either of them, as provided in section 4 of this Act, and if tolls are eration, sinking fund, thereafter charged for the use thereof, the rates of toll shall be so etc. adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its ap- proaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor including rea- sonable interest and financing cost, as soon as possible under reason- Maintenance able charges, but within a period of not to exceed twenty years from bridge, etc ., after as fro- the date of acquiring the same. After a sinking fund sufficient for fter amor tizing costs. such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and Record of expendi- operation of the bridge and its approaches under economical man- tures and receipts. age ment. An accurate reco rd of the amou nt paid for a cquiring the br idge and its app roac hes, the act ual expe ndit ures for mai ntai ning , repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons inter ested. Sworn statement of construction costs, etc ., SEC. 6 . The American Bridge and Ferry Company (Incorporated), to be filed, after com- its successors and assigns, shall within ninety days after the comple- pletion. tion of such bridge file with the Secretary of War, and with the highway departments of the States of Wisconsin and Iowa, a sworn ite mize d st atem ent show ing the actu al o rigi nal cost of cons truc ting the bridge and its approaches, the actual cost of acquiring any Inves tigat ion by Se e- interest in real property necessary therefor, and the actual financing rotary of War. and promotion costs. The Secretary of War may, and upon request

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